Criminal Petition No. 13709 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13709 OF 2024 (438(Cr.PC) / 482(BNSS)) BETWEEN: 1. MR. BASHEER @ BASHEER HUSSAIN, S/O MAYYADI, AGED ABOUT 40 YEARS, RESIDING AT REETA MARIYA COMPOUND, PAKSHIKERE, MANGALURU, D K DISTRICT-575 001. 2. MR MAYYADDI @ NAVAZ, S/O ABDUL KHADER, AGED ABOUT 31 YEARS, RESIDING AT ISMAIL KASI HASANABBA, D. NO. 2-153/74, KAPIKADU VILLAGE, KOIKUDE MANGALURU TALUK, D K DISTRICT-574 146. (BY SRI. KARUNAKARA P., ADVOCATE) AND: THE STATE BY KARNATAKA, REPRESENTED BY INSPECTOR OF POLICE, MULKY POLICE STATION, MULKY, DAKSHINA KANNADA, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, …PETITIONERS Digitally signed by PRAJWAL A Location: High Court Of Karnatka - 2 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR
Legal Reasoning
are before this court in this successive bail application. 5. Learned counsel for the petitioners submits that similarly placed accused Nos.1 and 6 have been granted regular bail by this court in Crl.P.No.12761/2024 and Crl.P.No.7507/2025. He further submits that all the material charge sheet witnesses have been examined in the present case and therefore there cannot be any apprehension that the petitioners are likely to tamper with the prosecution witnesses. Out of the 78 charge sheet witnesses cited in the present case, till date only 18 charge sheet witnesses have been examined. - 5 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR Therefore, trial is not likely to be concluded in the near future, Accordingly, prays to allow the petition. 6. Per contra, learned HCGP has opposed the petition and he submits that the accused No.1 has been granted regular bail by this court in Crl.P.No.12761/2021 for the reason that the witnesses who have been examined before the Trial Court have not spoken about his presence at the spot of crime. He submits that PW3 has spoken about presence of accused Nos.9 and 10 on the spot and accused No.9 is a person with criminal antecedents. Accordingly, prays to dismiss the petition. 7. As per the charge sheet allegations, accused Nos.2 to 10 had conspired along with the accused No.1 to commit the murder of deceased Abdul Lathif, CW2 and CW3. In furtherance of said conspiracy on 05.06.2020 accused Nos.2 to 10 had followed CW2 to 4 who were traveling in a car bearing registration No.MH-06-AB-7677 and at about 04.05 p.m. accused Nos.2 to 10 allegedly intercepted them and thereafter assaulted them. At the said time, deceased Abdul Lathif came to the spot and it is alleged that accused No.6 had pushed him - 6 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR and all the other accused persons had chased Abdul Lathif and assaulted him with deadly weapons and committed his murder. In the charge sheet, allegation of assaulting Abdul lathif and committing his murder is as against accused Nos.2 to 10. 8. Out of 78 charge sheet witnesses in the present case, till date only 18 charge sheet witnesses have been examined as PW1 to PW18. Copy of the depositions of the aforesaid witnesses is made available to the court by learned counsel for the petitioners. On perusal of the same, it goes to show that all the material charge sheet witnesses including the eye witnesses have been already examined by the Trial Court. Considering the aforesaid aspects of the matter, accused No.1 was granted regular bail by this court in Crl.P.No.12761/2024 which was disposed of on 29.04.2025. Subsequently, the accused No.6 as against whom allegations in the charge sheet are similar to that of the petitioners herein, has been granted regular bail by the coordinate bench of this court in Crl.P.No.7507/2025 disposed of on 29.05.2025, on the ground of parity. Since the allegations against petitioners and accused - 7 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR No.6 are similar, petitioners are entitled for the relief of regular bail on the ground of parity. 9. In addition to the same, out of the 78 charge sheet witnesses cited in the present case, till date only 18 charge sheet witnesses have been examined. The petitioners are in custody from 24.09.2020 onwards. The Hon'ble Supreme Court in case of Javed Gulam Nabi Shaik Vs Sate of Maharashtra and Another reported in 2024 SCC Online SC 1693 in paragraph No.19 has observed as follows; to provide or protect "19. If the State or any prosecuting agency including the court concerned has no wherewithal 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 is serious. Article 21 of the committed Constitution applies irrespective of the nature of the crime." 10. The prosecution is yet to examine the remaining 60 charge sheet witnesses cited in the present case and therefore the chances of trial being completed in the near future and the case being disposed of on merits, is very remote. Since, the - 8 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR material charge sheet witnesses including the eye witnesses have been already examined before the Trial Court, there cannot be any apprehension that the petitioners may tamper with the material charge sheet witnesses. In view of the aforesaid aspects of the matter and also considering the period of the petitioners in custody, without expressing any opinion on the merits and demerits of the case, I am of the view that the petitioner’s prayer for grant of regular bail is required to be answered affirmatively. 11. Accordingly, the following:
Arguments
(BY SRI. RANGASWAMY .R, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNSS) PRAYING TO DIRECT THE RESPONDENT TO RELEASE THE PETITIONERS ON BAIL IN S.C.NO.47/2021 PENDING ON THE FILE OF PRL. DIST. AND SESSIONS JUDGE, MANGALURU ARISING OUT OF CR.NO.38/2020 MULKY POLICE STATION, MULKY FOR THE OFFENCE P/U/S 143, 147, 148, 341, 307, 302, 109, 114 AND 120B R/W SEC. 149 OF IPC. 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 Nos.9 and 10, in S.C.No.47/2021 pending before the court of Prl. District and Sessions Judge, Mangaluru arising out of Crime No.38/2020 registered by the Mulki Police station for the offence punishable under Sections 143, 147, 148, 341, 307, 302, 109, 114 and 120B read with Section 149 of IPC are before this Court in this successive bail application filed under Section 439 of Cr.P.C., seeking regular bail. - 3 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR 2. Heard the learned counsel for the parties. 3. FIR in Crime No.38/2020 was registered by Mulki Police station, initially for the offences punishable under Sections 143, 147, 148, 341, 307, 302, 395, read with Section 149 of IPC against one Davood Hakeem, and others based on first information dated 05.06.2020 received from Imran, son of the deceased. 4. During the course of investigation, the petitioners herein were arrested on 24.09.2020. Investigation of the case was completed and charge sheet has been filed against 10 persons and the petitioners are arraigned as accused Nos.9 and 10 in the charge sheet. The bail application filed by the petitioners before the jurisdictional sessions court was allowed. The said order was questioned by the defacto complainant as well as by the State before this court in Crl.P.No.2557/2021 and connected criminal petitions which were allowed by the coordinate bench of this court vide order dated 26.8.2021 and the bail granted to the petitioners was cancelled. The said order was confirmed by the Hon'ble Supreme Court in - 4 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR SLP Cr.No.7586-7592/2021 disposed off on 20.08.2021. Thereafter, the petitioners had once again filed Crl.P.No.2053/2023 and Crl.P.No.2054/2023 before this court which was dismissed by the coordinate bench of this court vide order dated 13.07.2023. Subsequently, the trial in the case had commenced and after examination of the material charge sheet witnesses, petitioners had once again filed an bail application before the Trial Court in S.C.No.47/2021 which was rejected vide order dated 9.11.2024. Therefore, the petitioners
Decision
ORDER The petition is allowed. The petitioners are directed to be enlarged on bail in S.C.No.47/2021 pending before the court of Prl. District and Sessions Judge, Mangaluru arising out of Crime No.38/2020 registered by Mulki Police station, for the offences punishable under Sections 143, 147, 148, 341, 307, 302, 109, 114 and 120B read with Section 149 of IPC, subject to the following conditions: - 9 - NC: 2025:KHC:19234 CRL.P No. 13709 of 2024 HC-KAR a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; and e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. SD/- (S VISHWAJITH SHETTY) JUDGE AKV List No.: 1 Sl No.: 38