Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2506 OF 2026 (439(CR.PC) / 483(BNSS)) BETWEEN: RAVIKUMAR S/O CHALAPATHI AGED ABOUT 35 YEARS AGRICULTURIST NOW R/O APPAJIHALLI VILLAGE NAGALAMADIKE HOBLI PAVAGADA TALUK TUMKUR DIST-572 101 …PETITIONER (BY SRI. NAVEEN.HM., ADVOCATE) AND: STATE OF KARNATAKA BY THIRUMANI P.S.
Digitally signed by TUMKUR DISTRICT DHANALAKSHMI REP. BY STATE PUBLIC PROSECUTOR MURTHY HIGH COURT OF KARNATAKALocation: HIGH COURTOF BENGALURU- 560 001. KARNATAKA …RESPONDENT (BY SRI.VINAY MAHADEVAIAH, HCGP. FOR RESPONDENT) THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C (FILED U/S 483 BNSS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CR.NO.83/2021 OF RESPONDENT TIRUMANI P.S. REGISTERED FOR OFFENCE P/U/S. 302, 120(B) R/W 34 OF BNS AND ALSO SC.NO.5014/2022, WHICH IS PENDING BEFORE HON’BLE 4TH ADDL. DISTRICT AND SESSIONS JUDGE AT TUMKUR SITTING AT MADHUGIRI. -2- THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused No.1 in S.C.No.5014/2022, pending before
the Court of IV Addl. District and Sessions Judge, Tumakuru, sitting at Madhugiri, arising out of Crime No.83/2021 registered by Thirumani Police Station for offences punishable under Sections 302, 120B read with 34 of IPC, is before this Court in this successive bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail.
2. Heard learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State.
3. FIR in Crime No.83/2021 was registered by
Thirumani Police Station, Tumakuru, initially for offence punishable under Sections 302 and 149 of IPC against the petitioner and five others based on the first information dated 07.12.2021 received from Narendra Guruprasad, -3- brother of deceased, Prasanna Kumar. In the said case, the petitioner herein was arrested on 08.12.2021 and remanded to judicial custody. After completing investigation in the case, charge sheet has been filed against two persons. Petitioner is arraigned as accused No.1 and his father is arraigned as accused No.2 in the charge sheet.
4. Bail application filed by the petitioner before the Trial
Court was rejected and therefore, he had earlier approached this Court in Criminal Petition No.4163/2022, which was dismissed on 23.05.2022 in respect of the petitioner. Subsequently, the petitioner filed Criminal
Petition No.4499/2023, which was dismissed on 14.06.2023 with liberty to the petitioner to approach this Court after examination of other circumstantial witnesses including CW9 and CW10. Subsequently, the petitioner approached this Court in Criminal Petition No.6421/2024, which was dismissed on 18.07.2024, with liberty to the petitioner to approach this Court after examination of the
-4- recovery witnesses and FSL witnesses. Thereafter, the petitioner had approached this Court in Criminal Petition No.13456/2024, which was rejected on 17.02.2025. It is under these circumstances, the petitioner is before this Court in this successive bail application.
5. FIR in the present case was registered against the petitioner and 5 others, who are his family members. In the said case, the petitioner was arrested on 08.12.2021
and remanded to judicial custody. After completing investigation in the case, charge sheet has been filed against petitioner and his father. Accused Nos.3 to 6, who are the brothers and close relatives of the petitioner are dropped from the charge sheet.
6. In the charge sheet, it is alleged that petitioner's
relationship with his wife, CW4 got strained after few years of his marriage with her and it appears that she had gone to the police station and submitted a complaint against the petitioner and his family members. Petitioner and his -5- family members allegedly presumed that deceased Prasanna Kumar was the cause for CW4 to approach the police, and it is under these circumstances, accused Nos.1 and 2 allegedly decided to eliminate him.
7. On 07.12.2021, accused Nos.1 and 2, armed with weapons, allegedly followed Prasanna Kumar in their motorbike bearing Registration No.KA-64-E-1037 and at about 05.00 p.m., they intercepted the motorbike of
Prasanna Kumar bearing No.KA-64-L-4395, in which Prasanna Kumar was traveling, and thereafter, assaulted him with the weapon, which they had brought and committed his murder. The entire case of the prosecution is based on circumstantial evidence. Petitioner, who has no other criminal antecedents is in custody for the last more than 4½ years. All the material charge sheet witnesses are now examined including CW9, CW10 and other official witnesses.
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8. Learned counsel for the petitioner has brought to the
notice of this Court that out of 54 charge sheet witnesses cited in the present case, as on this date, only 25 charge sheet witnesses have been examined as PW1 to PW25.
9. The Hon'ble Supreme Court in the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - (2024) 9 SCC 813 at paragraph No.17, has observed as follows:
"17. 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. Considering the aforesaid aspects of the matter and also taking into consideration the period of petitioner’s incarceration, I am of the opinion that the prayer made by -7- the petitioner for grant of regular bail needs to be answered affirmatively subject to appropriate conditions. Accordingly, the following order:
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5014/2022, pending before the Court of IV Addl. District and Sessions Judge, Tumakuru, sitting at Madhugiri, arising out of Crime No.83/2021 registered by Thirumani Police Station for offences punishable under Sections 302, 120B read with 34 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; 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- 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 DM LIST NO.: 1 SL NO.: 43