Criminal Petition No. 13646 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:23336 CRL.P No. 13646 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 13646 OF 2024 BETWEEN: 1. VISHAL PRAJAPATHI, S/O VEERPAL PRAJAPATHI, AGED ABOUT 24 YEARS, R/AT C/O RAJENDRA HOUSE, ROOM NO.3, 2ND FLOOR, NO.37/1, NEAR A1 FRESH WORLD AYYAPPASWAMY TEMPLE, BELATHURU, KADUGODI, BANGALORE - 560 067. PERMANENT R/AT 1629/1850, KDA COLONY ARRA, BINGHWAH, SAGAPURI, GALLAMANDI, NAUBASTA, KASIGAWAN, KANPUR, UTTAR PRADESH - 208 021. (BY SRI. M KRISHNE GOWDA., ADVOCATE) AND: STATE OF KARNATAKA, STATE BY KADUGODI P.S., RPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. (BY SRI.RANGASWAMY R., HCGP) …PETITIONER …RESPONDENT Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:23336 CRL.P No. 13646 of 2024 HC-KAR THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS AN ORDER ON REGULAR BAIL ENLARGING THE PETITIONER IN CR.NO.124/2022 OF KADUGODI POLICE, NOW IN S.C.NO.127/2023 AND PENDING TRIAL BEFORE HONBLE 9TH ADDL. DIST. AND SESSIONS JUDGE AT BANGALORE RURAL, FOR THE OFFENCES 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 ORAL ORDER Accused No.1 in S.C.No.127/2023 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.124/2022 registered by Kadugodi Police Station, Bengaluru City, for offences punishable under Sections 302, 201 and read with Section 34 of IPC is before this Court in this successive bail application filed under Section 439 of Cr.PC seeking regular bail.
Facts
2. Heard the learned counsel for the parties. 3. FIR in Crime No.124/2022 was registered by Kadugodi Police Station, Bengaluru City, for offences punishable under Sections 302, 201 of IPC against - 3 - NC: 2025:KHC:23336 CRL.P No. 13646 of 2024 HC-KAR unknown persons, based on the first information dated 05.07.2022 received from Venkatesh M s/o Late.Marappa. 4. During the course of investigation of the case, petitioner herein was arrested on 08.07.2022. After completing investigation, charge sheet has been filed against three persons and petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the trial Court was rejected and therefore, he had approached this Court in Crl.P.No.9130/2023 which was dismissed on merits on 29.02.2024. It is under these circumstances, petitioner is
Legal Reasoning
before this Court in this successive bail application. 5. Learned Counsel for the petitioner submits that though the petitioner is in custody for the last nearly three years, there is no progress in the trial before the trial Court. Prosecution has till date examined five charge sheet witnesses as P.W-1 to P.W-5 and all the said witnesses have turned hostile to the case of the prosecution. The - 4 - NC: 2025:KHC:23336 CRL.P No. 13646 of 2024 HC-KAR entire case of the prosecution is based on circumstantial evidence. Accused Nos.2 and 3 have been already enlarged on bail. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that there are strong circumstances against the petitioner. Petitioner hails from Uttar Pradesh State. In the event petitioner is enlarged on bail, it may be difficult to secure his presence. Accordingly, he prays to dismiss this petition. 7. Perusal of the material on record would go to show that FIR in the present case was registered against unknown persons. Petitioner and other accused persons were arrested during the course of investigation and charge sheet is filed. It is alleged that deceased Omnath Singh and the petitioner were friends. Accused No.3 is the wife of deceased Omnath Singh and accused No.2 is the wife of petitioner. It is alleged that deceased had illicit - 5 - NC: 2025:KHC:23336 CRL.P No. 13646 of 2024 HC-KAR relationship with accused No.2 and after petitioner came to know about the same he was blackmailing the deceased. Since the deceased allegedly refused to pay the money demanded by accused No.1, he along with other accused persons conspired to commit the murder of deceased and on the alleged date of incident accused Nos.1 and 2 allegedly strangulated the neck of the deceased and committed his murder. Accused No.3 allegedly had assisted accused Nos.1 and 2 to commit the murder of deceased Omnath Singh. The entire case of the prosecution is based on circumstantial evidence. Accused Nos.2 and 3 have been already enlarged on bail in the present case. Out of the 58 charge sheet witnesses cited in the present case, only five charge sheet witnesses are examined till date as P.W-1 to P.W-5. Therefore, the chances of the trial being completed in the near future is very remote. 8. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH VS. STATE OF - 6 - NC: 2025:KHC:23336 CRL.P No. 13646 of 2024 HC-KAR MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19, the Hon'ble Apex 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." 9. Undisputedly, petitioner has no other criminal antecedents. Apprehension expressed by the HCGP can be taken care of by imposing appropriate conditions on the petitioner. Therefore, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. - 7 - NC: 2025:KHC:23336 CRL.P No. 13646 of 2024 HC-KAR Considering his period of incarceration. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.127/2023 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.124/2022 registered by Kadugodi Police Station, Bengaluru City, for offences punishable under Sections 302, 201 and read with Section 34 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be local surety, 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; - 8 - NC: 2025:KHC:23336 CRL.P No. 13646 of 2024 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 disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 27