Criminal Petition No. 7736 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22285 CRL.P No. 7736 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7736 OF 2025 BETWEEN: LINGARAJU S/O GURUMURTHY G AGED ABOUT 22 YEARS R/AT ACHALU COLONY KAILANCHA HOBLI RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 112. (BY SRI SHIVARAJU, ADV.) AND: STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE STATION, HIGH COURT BUILDING REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BENGALURU - 560 001. (BY SMT. WAHEEDA M.M, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO RELEASE HIM ON BAIL WHO IS ACCUSED NO.1 IN CR.NO.312/2022 (SC.NO.19/2023) REGISTERED BY RESPONDENT RAMANAGARA RURAL P.S., PENDING ON HONBLE 3rd ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA, FOR THE OFFENCE P/U/S 302,201 R/W 34 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY - 2 - NC: 2025:KHC:22285 CRL.P No. 7736 of 2025 HC-KAR ORAL ORDER 1. Accused No.1 in SC No.19/2023 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.312/2022 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 302, 201 read with Section 34 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2.
Facts
Heard the learned counsel for the parties. 3. FIR in Crime No.312/2022 was registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 201 and 302 of IPC, against unknown persons based on the first information dated 08.09.2022 received from Kenchappa, who is the husband of deceased Kempamma. During the course of investigation, petitioner herein was arrested on 11.09.2022 and subsequently, remanded to judicial custody. After completing investigation, charge sheet is filed against three persons. Petitioner is arraigned as accused No.1 in the charge sheet. His bail application filed before the - 3 - NC: 2025:KHC:22285 CRL.P No. 7736 of 2025 HC-KAR jurisdictional Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.7387/2023, which was dismissed as withdrawn on 15.09.2023 with liberty to the petitioner to approach this Court afresh after examination of material charge sheet witnesses is completed before the Trial Court. Thereafter, once again petitioner had filed Crl.P.No.5259/2024 before this Court which was dismissed as withdrawn with liberty to the petitioner to approach this Court after material charge sheet witnesses CW2 and CW3 are examined before the Trial Court. Subsequently, petitioner had filed Crl.Misc.No.333/2025 before the Trial Court which was rejected on 02.05.2025. Therefore, he is before this Court in this successive bail application. 4.
Legal Reasoning
against approached this Court in Crl.P.No.5259/2024 which was dismissed on 14.08.2024 with liberty to the petitioner to approach this Court after examination of material charge sheet witnesses i.e., CW2 and CW3 are examined before the Trial Court. The order sheet of the Trial Court would go to show that the copy of the orders passed in aforesaid Criminal Petitions were communicated to the Trial Court and inspite of the same, no efforts have been made either by the Trial Court or by the prosecution to examine the material charge sheet witnesses in the present case. The order sheet of the Trial Court would go to show that CW2 and CW3, who are the material charge sheet witnesses in the present case had not appeared before the Trial - 6 - NC: 2025:KHC:22285 CRL.P No. 7736 of 2025 HC-KAR Court inspite of service of summons on them and therefore, bailable warrant has been issued against them. The prosecution has failed to execute the bailable warrant as against CW2 and CW3 and the Trial Court has therefore, re-issued bailable warrant against CW2 and CW3. Petitioner who has no other criminal antecedents is in custody for the last more than two years and nine months. 8. In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court 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". - 7 - NC: 2025:KHC:22285 CRL.P No. 7736 of 2025 HC-KAR 9. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:- 10. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.19/2023 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.312/2022 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 302, 201 read with Section 34 of IPC, subject to the following conditions: a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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:22285 CRL.P No. 7736 of 2025 HC-KAR d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is
Arguments
Learned counsel for the petitioner submits that petitioner is in custody for the last nearly three years and he has no criminal antecedents. There is absolutely no progress in the trial. He submits that even though the orders passed by this Court in Crl.P.No.7387/2023 and Crl.P.No.5259/2024 were communicated to the Trial Court, the trial in the case is yet to commence. Accordingly, he prays to allow the petition. - 4 - NC: 2025:KHC:22285 CRL.P No. 7736 of 2025 HC-KAR 5. Per contra, learned HCGP has opposed the petition. She submits that there are strong circumstances against the petitioner and recovery of the articles belonging to the deceased which were taken by accused after committing the murder has been done from the petitioner in the present case. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was registered against unknown persons and during the course of investigation, petitioner was arrested on 11.09.2022. After completing investigation, charge sheet has been filed against the petitioner and two others and one amongst them is a juvenile accused. As per the charge sheet allegations, on 08.09.2022 when deceased Kempamma was grazing cattle in her property, accused persons named in the charge sheet with a common intention caught hold of her and pushed her to the ground and thereafter with the help of a plastic wire strangulated her neck and committed her murder. Subsequently, they left the place taking away the gold ornaments and mobile phone of the deceased. After accused were arrested in the present case, aforesaid valuables belonging to the deceased allegedly were recovered from the - 5 - NC: 2025:KHC:22285 CRL.P No. 7736 of 2025 HC-KAR accused. The entire case of the prosecution is based on circumstantial evidence. Undisputedly, petitioner herein has no other criminal antecedents. 7. The earlier petition filed by the petitioner before this Court in Crl.P.No.7387/2023 was rejected on 15.09.2023 with liberty to the petitioner to approach this Court afresh after examination of material charge sheet witnesses is completed before the Trial Court. Subsequently, petitioner had once
Decision
disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN