Criminal Petition No. 7701 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:22058 CRL.P No. 7701 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7701 OF 2025 BETWEEN: SRI BIJOY BISWAS S/O PARIMAL BISWAS AGED ABOUT 25 YEARS R/AT NO.363, WARD NO.9 KALIKAPURA, RAMANAGARA POST BORDER, RAMPURA AGARTHALA WEST TRIPURA TRIPURA STATE, PIN - 799 004. (BY SRI SUYOG HERELE E, ADV., FOR SRI NISHANTH S K, ADV.) AND:
Facts
THE STATE OF KARNATAKA THROUGH CUBBON PARK POLICE STATION, BENGALURU CITY REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.
Legal Reasoning
circumstances, petitioner is before this Court in this successive bail petition on the ground of delay in trial. 4. Learned Counsel for the petitioner submits that petitioner who has no criminal antecedents is in custody for the last more than 6 years 9 months. Out of 41 charge sheet witnesses cited in the present case, 7 witnesses have been examined. Petitioner is ready and willing to cooperate before the Trial Court for expeditious disposal of the case. Petitioner who was granted interim bail earlier by this Court in Crl.P.No.7872/2020 has complied the bail conditions and has surrendered before the competent authority immediately after expiry of the interim bail. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition on the ground that material charge sheet witnesses are yet to be examined in the present case. 6. It is not in dispute that petitioner has no other criminal antecedents. The case of the prosecution is based on circumstantial evidence. Out of the 41 charge sheet witnesses - 4 - NC: 2025:KHC:22058 CRL.P No. 7701 of 2025 HC-KAR cited in the present case, only 7 witnesses have been examined. Therefore, chances of trial being completed in the near future is very remote. The material on record would go to show that petitioner who hails from the State of Tripura, has complied with the bail conditions imposed in Crl.P.No.7872/2020 disposed of on 15.01.2021 and had surrendered before the competent authority immediately after the expiry of interim bail. Learned Counsel for the petitioner has undertaken that petitioner shall cooperate before the Trial Court for expeditious disposal of the case. 7. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693, at paragraph No.19, has observed as under: "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 - 5 - NC: 2025:KHC:22058 CRL.P No. 7701 of 2025 HC-KAR is serious. Article 21 of the Constitution applies irrespective of the nature of the crime". 8. Under the circumstances, without expressing any opinion on the merits and demerits of the case, on the ground of petitioner's incarceration and the delay in trial, petitioner's prayer for grant of regular bail is required to be answered affirmatively subject to appropriate conditions. 9. The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.221/2019 pending before the Court of LXI Addl. City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.213/2018 registered by Cubbon Park Police Station, Bengaluru City, for the offence punishable under Section 302 IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties (out of which one shall be local surety) 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; - 6 - NC: 2025:KHC:22058 CRL.P No. 7701 of 2025 HC-KAR c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; 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
(BY SMT. RASHMI PATEL, HCGP) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …PETITIONER …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.213/2018 (PENDING ON THE FILE OF THE LEARNED LXI ADDL.CITY CIVIL AND SESSIONS JUDGE (CCH-62) AT BENGALURU CITY IN SC NO.221/2019) REGISTERED BY CUBBON PARK POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/S 302 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 2 - NC: 2025:KHC:22058 CRL.P No. 7701 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused in S.C.No.221/2019 pending before the Court of LXI Addl. City Civil & Sessions Judge, Bengaluru City, arising out of Crime No.213/2018 registered by Cubbon Park Police Station, Bengaluru City, for the offence punishable under Section 302 IPC, is before this Court in this successive bail petition under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.213/2018 was registered by Cubbon Park Police Station, Bengaluru City, for the aforesaid offence based on the first information dated 29.10.2018 received from Anand.M. During the course of investigation, petitioner was arrested on 29.10.2018. After completing investigation, charge sheet has been filed for the aforesaid offence against the petitioner herein. Bail application filed by him before the jurisdictional Sessions Court in Crl. Misc. No.881/2022 was rejected on 25.02.2022, and therefore, petitioner had approached this Court in Crl.P.No.3479/2020 which was - 3 - NC: 2025:KHC:22058 CRL.P No. 7701 of 2025 HC-KAR dismissed on merits on 05.10.2020. It is under these
Decision
disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK