The court emphasized the right to a speedy trial under Article 21, stating that prolonged detention without trial can justify grant of bail even for serious offences.

ORDER :

S.Vishwajith Shetty, J.

Accused in S.C. No.33 of 2021 pending before the Court of I Additional District and Sessions Judge, Dharwad, sitting at Hubballi, arising out of Crime No.121 of 2020 registered by Vidyanagar Police Station, Hubballi Dharwad, for offences punishable under Sections 302 , 307, 326 of IPC, is before this Court in this successive bail application filed under Section 439 of Cr.P.C. read with Section 483 of BNSS , 2023 seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in the present case was registered in Crime No.121 of 2020 by Vidyanagar Police Station, Hubballi Dharwad, for the aforesaid offences against the petitioner hereinafter, based on the first information dated 24.10.2020 received from Annapurna (CW1), daughter of deceased Shankrappa.

4. During the course of investigation, petitioner was arrested on 24.10.2020 and remanded to judicial custody. His bail application filed before the Trial Court was rejected. Therefore, he had approached this Court in Criminal Petition No.103053 of 2022, which was rejected on merits on 08.11.2022. Subsequently petitioner had filed a fresh bail application before this Court in Criminal Petition No.101269 of 2024, which was dismissed as withdrawn on 22.04.2024, with liberty to the petitioner to file a fresh petition before the Trial Court on health grounds. Thereafter, the petitioner had filed a fresh bail application before the Trial Court in S.C. No.33 of 2021, which was rejected on 27.09.2024. It is under these circumstances, he is before this Court in this successive bail application.

5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that petitioner is a qualified doctor and the incident in question that had taken place after he had faced serious domestic problems. He has no criminal antecedent and he is in custody for the last nearly five years. Out of the 54 charge sheet witnesses cited in the present case, till date only nine witnesses have been examined as PW1 to PW9. All the material charge sheet witnesses, including the injured eye witnesses have been examined in the present case as on today. Petitioner is suffering from serious health problems and in the year 2022 itself he was diagnosed as suffering from cervical spondylitis and doctors have advised him to take treatment for the same. He accordingly prays to allow the petition.

6. Per contra, learned HCGP, who has opposed the petition, submits that petitioner had made all kind of preparations for the purpose of committing the murder of deceased and other injured persons in the present case. It is under these circumstances, his bail application was dismissed on merits earlier. There is no change in circumstance to entertain this successive bail application. All the material charge sheet witnesses, who have been examined in the present case, have supported the case of the prosecution. She submits that efforts shall be made to examine the remaining charge sheet witnesses at the earliest. Accordingly, she prays to dismiss the petition. 7. Material on record would go to show that relationship between the petitioner and his wife Smt. Lata (CW17) was strained after sometime from the date of their marriage and as a result, CW17 had left her matrimonial house along with her minor child and had taken shelter in her parents' house at Hubballi. Petitioner, therefore had initiated proceedings before the Jurisdictional Court seeking custody of his minor son, but had failed to get any relief in the said proceedings. It is in this background on 2