The right to a speedy trial under Article 21 necessitates granting bail when material witnesses have been examined, irrespective of the seriousness of the crime.

ORDER :

(S. VISHWAJITH SHETTY, J.)

1. Accused No.7 in S.C.No.47/2021 pending before the Court of VI Addl. District and Sessions Judge, D.K., Mangaluru arising out of Crime No.38/2020 registered by the Mulki Police Station, Mangaluru, for the offences punishable under Sections 143 , 147, 148, 114, 109, 120B, 341, 307, 302 read with Section 149 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 for the parties.

3. FIR in Crime No.38/2020 was registered by Mulki Police Station, Mangaluru, 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. During the course of investigation, petitioner herein was arrested on 06.06.2020. After investigation, charge sheet has been filed against ten persons and petitioner is arraigned as accused No.7 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court was initially allowed and the said order was questioned by the defacto complainant before this Court in Crl.P.No.2557/2021 and connected petitions which were allowed by the Co-ordinate Bench of this Court vide order dated 26.08.2021 and the bail granted to the petitioner and other accused was cancelled. The said order was confirmed by the Hon'ble Supreme Court in SLP(Crl)Nos.7586-7592/2021 disposed off on 20.10.2021. Thereafter, petitioner had once again filed Crl.P.No.11045/2022 before this Court which was dismissed by the Co-ordinate Bench of this Court vide order dated 11.04.2023. As against the same, petitioner had approached the Hon'ble Supreme Court in SLP (Crl.) Diary No.46671/2023 and the said petition was disposed off reserving liberty to the petitioner to file a fresh bail application before the Trial Court after examination of the alleged eye witnesses is completed. Petitioner had thereafter filed a fresh bail application before the Trial Court in SC No.47/2021 which was dismissed on 05.12.2024. Therefore, he is before this Court in this successive bail application.

4. Learned Senior counsel for the petitioner submits that petitioner, who has no other criminal antecedents is in custody for the last more than five years. All material charge sheet witnesses have been examined in the present case. Accused Nos.6, 9 and 10 as against whom similar allegations are found in the charge sheet have been granted regular bail by this Court. He submits that accused No.1 also has been granted regular bail by this Court. Accordingly, prays to allow the petition.

5. Learned Addl. SPP for the State and learned counsel for the defacto complainant have seriously opposed the petition. They submit that petitioner is one of the assailants and earlier, he had threatened CW20 after he was released on bail. In the event, he is enlarged on bail, he is likely to tamper with the remaining prosecution witnesses. Accordingly, they pray to dismiss the petition.

6. Learned Senior counsel for the petitioner in reply submits that case registered against the petitioner for having allegedly threatened CW20 has been stayed by the Co-ordinate Bench of this Court in Crl.P.No.8036/2023 and the said petition is pending.

7. A perusal of the charge sheet allegations would go to show that accused No.1 had conspired with accused Nos.2 to 10 to commit the m