Criminal Petition No. 7534 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:23146 CRL.P No. 7534 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7534 OF 2025 BETWEEN: JERALD KARTHIK R S/O RAJAN G AGED ABOUT 33 YEARS R/AT SHIVASHREE NILAYA 6TH CROSS, BHYRATHI CROSS BHYRATHI, BENGALURU - 45. (BY SRI NARAYANA SWAMY M, ADV.) AND: STATE BY K.G HALLI P.S BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 560 001. (BY SMT. ASMA KOUSER, ADDL. SPP) …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE/GRANT THE PETITIONER WHO IS ACCUSED NO.2 ON BAIL IN CRIME NO.254/2021, S.C.NO.1619/2021 FOR OFFENCES U/S 302, 201, 120(B) R/W 34 OF IPC OF KADUGONDANAHALLY POLICE STATION PENDING ON THE FILE OF THE COURT OF TE XXVI ADDL.CITY CIVIL AND SESSIONS JUDGE AT MAYO HALL BENGALURU CCH-20 ON SUCH TERMS AND CONDITIONS THAT THIS HONBLE COURT DEEMS FIT TO THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
Legal Reasoning
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:23146 CRL.P No. 7534 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.2 in S.C.No.1619/2021 pending before the Court of XXVI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.254/2021 registered by Kadugondanahalli Police Station, Bengaluru for the offences punishable under Sections 302, 201 & 120B R/w 34 of IPC is before this Court in this successive bail petition under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.254/2021 was registered by Kadugondanahalli Police Station, Bengaluru initially for the offence punishable Under Section 302 of IPC against unknown persons, on the basis of first information dated 31.08.2021 received
Legal Reasoning
from Sri Ramanaiah S/o Late Venkataiah. During the course of investigation, the petitioner herein was arrested on 06.09.2021 and subsequently remanded to judicial custody. Investigation - 3 - NC: 2025:KHC:23146 CRL.P No. 7534 of 2025 HC-KAR in the case is complete and charge sheet has been filed against three persons and the petitioner is arraigned as accused No.2 in the charge sheet. 4. The bail application filed by the petitioner before the jurisdiction Sessions Court in S.C.No.1619/2021 was dismissed on 09.09.2022. Therefore, he is before this Court in this successive bail petition. 5. Learned counsel appearing for the petitioner submits that material charge sheet witnesses have been already examined in the present case. The petitioner is in custody nearly for four years. There are many more witnesses to be examined in the case. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP submits that the petitioner is a person with criminal antecedents and major portion of the trial is already completed. The witnesses have supported the case of the prosecution. Accordingly, he prays to dismiss the petition. - 4 - NC: 2025:KHC:23146 CRL.P No. 7534 of 2025 HC-KAR 7. FIR in the present case was initially registered against unknown persons. During the course of investigation, accused Nos.1 and 2 were arrested and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against three accused and petitioner herein is arraigned as accused No.2 in the charge sheet filed for the aforesaid offences. Perusal of the charge sheet allegation would go to show that, the deceased Ravikumar had teased accused No.1 as against whom a criminal case was registered for having raped a lady. The deceased allegedly had called accused No.1 as a 'rapist' and in this background accused No.1 and his brother accused No.2 had fought with the deceased and they nurtured vengeance against him. 8. On 31.08.2021 accused No.3 allegedly had informed the whereabouts of the deceased to accused Nos.1 and 2, who allegedly went to the spot, where the deceased was along with CWs.2 and 3 and thereafter assaulted him with deadly weapons and committed his - 5 - NC: 2025:KHC:23146 CRL.P No. 7534 of 2025 HC-KAR murder. Subsequently, CWs.2, 3 and 12 allegedly shifted the injured Ravikumar to a hospital. However, he was declared 'bought dead'. 9. CWs.2, 3 and 12 are the material charge sheet witnesses in the present case. CW.2, CW.3 and CW.12 have been already examined before the Trial Court and according to learned counsel for the petitioner the said witnesses have not supported the case of the prosecution and they are treated as hostile witness and cross- examined by the prosecution. 10. Be that as it may, the fact remains that material charge sheet witnesses have been already examined in the case. The petitioner is in custody for the last nearly three years 9 months. Since the material charge sheet witnesses are already examined there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses. 11. The Hon'ble Apex Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND - 6 - NC: 2025:KHC:23146 CRL.P No. 7534 of 2025 HC-KAR ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19 has observed as follows: "19. If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 12. Under these circumstances, without reference to the merits/demerits of the case solely on the ground of petitioner's incarceration, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 13. Accordingly, the following:
Decision
ORDER Criminal Petition is allowed. - 7 - NC: 2025:KHC:23146 CRL.P No. 7534 of 2025 HC-KAR The petitioner is directed to be enlarged on bail in S.C.No.1619/2021 pending before the Court of XXVI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.254/2021 registered by Kadugondanahalli Police Station, Bengaluru for the offences punishable under Sections 302, 201 & 120B R/w 34 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; - 8 - NC: 2025:KHC:23146 CRL.P No. 7534 of 2025 HC-KAR d) The petitioner shall not involve in similar offences in future; NMS Sd/- (S VISHWAJITH SHETTY) JUDGE