Criminal Petition No. 8477 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:25068 CRL.P No. 8477 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 8477 OF 2025 BETWEEN: RAJESH I.E.@ SHVIANNA S/O VEERAPPA AGED ABOUT 41 YEARS R/AT NO.605, 2ND CROSS 3RD PHASE, 4TH BLOCK J.C. NAGAR, BASAVESHWARA NAGAR, BENGALURU - 560 079. (BY SMT. RATTIHALLI GEETA VEERANNA, ADV.) …PETITIONER AND: STATE OF KARNATAKA BY SHO KALASIPALYA P.S REP BY HCGP HIGH COURT BENGALURU - 560 001. Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA …RESPONDENT
Legal Reasoning
this Court in Crl.P.No.7849/2023, which was dismissed on merits by the coordinate bench of this Court on 09.01.2024. It is under this circumstance, the petitioner had approached the jurisdiction Sessions Court in Crl.Misc.No.6760/2024, which was rejected on 20.08.2024. Therefore, he is before this Court in this successive bail application. 5. Learned counsel for the petitioner submits that material charge sheet witnesses including the alleged eye witness has been already examined in the present case. The petitioner, who has no criminal antecedents is in custody for the last more than three years eight months. Out of the 32 charge sheet witnesses cited in the present - 4 - NC: 2025:KHC:25068 CRL.P No. 8477 of 2025 HC-KAR case only 10 charge sheet witnesses have been examined till date. Accordingly, he prays to allow the petition. 6. Per contra, learned Addl. SPP who has opposed the petition submits that material charge sheet witnesses have supported the case of the prosecution. Even the eye witness CW.2 has also supported the case of the prosecution. Accordingly, she prays to dismiss the petition. 7. Perusal of the averments found in the first information as well as the charge sheet would go to show that, the petitioner, the deceased and the alleged eye witness were all close friends. The alleged incident had taken place on 29.10.2021 after they all had consumed alcohol and in the said incident, the petitioner allegedly had stabbed the deceased Keshava on his chest with a knife and had committed his murder. The petitioner, who has no criminal antecedents is in custody from 02.11.2021 onwards. 8. During the course of trial in the present case, the prosecution has till date examined 10 charge sheet - 5 - NC: 2025:KHC:25068 CRL.P No. 8477 of 2025 HC-KAR witnesses as PW.1 to PW.10 out of the 32 charge sheet witnesses. CW.2 who is the alleged eye witness in the present case has been examined as PW.1 before the Trial Court. Since the material charge sheet witnesses are already examined there cannot be any apprehension that the petitioner may tamper with the material prosecution witnesses in the present case. 9. The Hon'ble Apex 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 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". 10. In the case on hand, till date out of 32 charge sheet witnesses only 10 charge sheet witnesses are - 6 - NC: 2025:KHC:25068 CRL.P No. 8477 of 2025 HC-KAR examined. Therefore, the chances of trial being completed and case being disposed of on merits in the near soon is very remote. The petitioner, who has no criminal antecedents is in custody for the last more than 3 years 8 months. Under these circumstances, I am of the opinion that, without expressing any opinion on merits/demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively solely on the ground of the petitioner's incarceration. 11. Accordingly, the following:
Arguments
(BY SMT. ASMA KAUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.313/2021 AND S.C NO.603/2022 FOR ALLEGED O/P/U/S 302 IPC, REGISTERED BY THE KAMAKSHIPALYA P.S, ON THE FILE OF THE HONBLE LXIV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-65), BANGALORE. 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:25068 CRL.P No. 8477 of 2025 HC-KAR ORAL ORDER Accused in S.C.No.603/2022 pending before the Court of LXIV Addl. City Civil and Sessions Judge, Bengaluru arising out of Crime No.313/2021 registered by Kamakshipalya Police Station, Bengaluru District for the offence punishable under Section 302 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.313/2021 was registered by Kamakshipalya Police Station, Bengaluru District for the aforesaid offence against the petitioner herein, on the basis of first information dated 30.10.2021 received from Smt. Mamatha W/o Ramamurthy, who is the cousin sister of deceased Keshava. During the course of investigation, the petitioner herein was arrested on 02.11.2021 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed. - 3 - NC: 2025:KHC:25068 CRL.P No. 8477 of 2025 HC-KAR 4. The bail application filed by the petitioner before the jurisdiction Sessions Court was rejected and therefore he had approached this Court in Crl.P.No.9184/2022, which was dismissed for non prosecution on 30.01.2023. Thereafter he had approached
Decision
ORDER Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.603/2022 pending before the Court of LXIV Addl. City Civil and Sessions Judge, Bengaluru arising out of Crime No.313/2021 registered by Kamakshipalya Police Station, Bengaluru District for the offence punishable - 7 - NC: 2025:KHC:25068 CRL.P No. 8477 of 2025 HC-KAR under Section 302 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; d) The petitioner shall not involve in similar offences in future; NMS Sd/- (S VISHWAJITH SHETTY) JUDGE