Criminal Petition No. 13211 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:24426 CRL.P No. 13211 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.13211 OF 2024 BETWEEN: 1. SRI. CHANDRA SHEKAR @ CHANDU @ CHINTU S/O GOPI AGED ABOUT 21 YEARS R/AT NO.137, 10TH MAIN 'F' CROSS, SHAKTHI GARDEN KALYANA NAGARA, NAGARABHAVI BENGALURU-560 040. (BY SRI. NARAYANASWAMY K.N., ADVOCATE) …PETITIONER AND:
Facts
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA 1. THE STATE OF KARNATAKA KEMPAPURA AGRAHARA POLICE STATION REP. BY:- STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU-560 001.
Legal Reasoning
this Court in the successive bail application. 4. Learned counsel for the petitioner submits that C.Ws.1 and 6 to 10 are the eye witnesses to the incident in question. All the eye witnesses have been examined before the trial Court and they have turned hostile to the case of prosecution. Petitioner is aged about 21 years and he has no criminal antecedents. He is in judicial custody - 4 - NC: 2025:KHC:24426 CRL.P No. 13211 of 2024 HC-KAR for the last more than three years. Accordingly, he prays to allow the petition. 5. Per contra, Learned High Court Government Pleader who has opposed the petition does not dispute the submissions made by the learned counsel for the petitioner. 6. F.I.R. in the present case was initially registered against two named persons and others. C.W.1- Lakshmikant is an eye witness to the incident in question. Petitioner's name is not found in the F.I.R. During the course of investigation, petitioner was arrested on 18.03.2022 and after completion of the investigation, chargesheet has been filed against eight persons. In the chargesheet, petitioner is arrayed as accused No.1. C.Ws.1 and 6 to 10 are the alleged eye witnesses to the incident in question that had taken place on 11.03.2022. The allegation against the petitioner is that he had stabbed the - 5 - NC: 2025:KHC:24426 CRL.P No. 13211 of 2024 HC-KAR deceased Thomas with a dragger on his back and also on his right thigh. 7. Out of the 44 chargesheet witnesses cited in the present case, till date 09 chargesheet witnesses have been examined by the prosecution as PWs.1 to 9. It is brought to the notice of this Court that all the alleged eye witnesses namely C.Ws.1 and 6 to 10 have already been examined before the trial Court. Learned counsel for the petitioner submits that the alleged eye witnesses including the injured eye witness C.W.8 have turned hostile to the case of prosecution. Be that as it may, fact remains that all the material chargesheet witnesses including the alleged eye witness have already been examined before the trial Court. Therefore, there cannot be any apprehension that the petitioner may tamper with the material chargesheet witnesses. Petitioner is aged about 21 years having no criminal antecedents. He is in judicial custody for last more than three years. Out of the 44 chargesheet witnesses cited in the present case, only 09 - 6 - NC: 2025:KHC:24426 CRL.P No. 13211 of 2024 HC-KAR chargesheet witnesses have been examined. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near future is very remote. Under the circumstances, I am of the view that without expressing any opinion on merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered affirmatively solely considering the period of his incarceration. Accordingly, the following:-
Arguments
(BY SRI. RANGASWAMY R., HCGP) …RESPONDENT THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SECTION 439 OF Cr.P.C. IN (CRIME NO.42/2022) S.C.NO.1207/2022 OF KEMPAPURA AGRAHARA POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 120-B, 302, 323, 504 R/W SECTION 149 OF IPC PENDING ON THE FILE OF THE LXIV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-65) AT BENGALURU. - 2 - NC: 2025:KHC:24426 CRL.P No. 13211 of 2024 HC-KAR THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.1207/2022 pending before the Court of LXIV Additional City Civil and Sessions Judge, Bengaluru arising out of Crime No.42/2022 registered by Kempapura Agrahara Police Station, Bengaluru for offences punishable under Sections 143, 144, 147, 148, 120(B), 302, 323, 504 read with 149 of IPC is before this Court in the successive bail application filed under Section 439 of Cr.P.C. 2. Heard the learned counsel for the parties. 3. F.I.R. in Crime No.42/2022 was registered by Kempapura Agraha Police Station, Benglauru initially for offence punishable under Section 302 read with 34 of IPC against one Surya and others based on the first information dated 11.03.2022 received from Lakshmikant, - 3 - NC: 2025:KHC:24426 CRL.P No. 13211 of 2024 HC-KAR friend of deceased Thomas. During the course of investigation, petitioner herein is arrested on 18.03.2022 and remanded to judicial custody. After completion of the investigation, chargesheet has been filed against eight persons and petitioner herein is arrayed as accused No.1 in the chargesheet. His bail application filed before the jurisdictional Sessions Court was rejected and therefore, he approached this Court in Crl.P.No.12576/2022 which was dismissed as withdrawn on 06.03.2023 with liberty to the petitioner to file a fresh petition after examination of all the eye witnesses was completed before the trial Court. It is under these circumstances, the petitioner is before
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.42/2022 of Kempapura Agrahara Police Station, Bengaluru registered for the offences punishable under Sections 143, 144, 147, 148, 120(B), 302, 323, 504 read with Section 149 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 7 - NC: 2025:KHC:24426 CRL.P No. 13211 of 2024 HC-KAR 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; 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 disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE PGG List No.: 1 Sl No.: 60