The right to a speedy trial under Article 21 necessitates granting bail if prolonged detention occurs without substantive progress in proceedings.

ORDER :

S.VISHWAJITH SHETTY, J.

1. Accused No.2 in S.C.No.5018/2022 pending before the Court of XI Additional District and Sessions Judge, Belagavi, sitting at Athani, arising out of Crime No.170/2021 registered by Kagwad Police Station, Athani taluk, Belagavi district for the offences punishable under Sections 302, 307, 341, 504, 506 read with Section 34 of Indian Penal Code, is before this Court in this successive bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS 2023) seeking regular bail.

2. Heard learned counsel for the parties.

3. FIR in Crime No.170 of 2021 was registered by Kagwad Police Station, Belagavi district initially for offences punishable under Sections 506, 341, 504, 143, 147, 148, 149, 307, 326 of IPC against Shekhar Mallappa Vaghamode and others based on the first information dated 13.10.2021 received from Sukhadev Shivaram Shingade, relative of deceased Eerappa Balu Shingade. During the course of investigation, petitioner herein who was arrayed accused No.2 in the FIR was arrested on 13.10.2021 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against two persons. Father of the petitioner is arrayed as accused No.1 and the petitioner is arrayed as accused No.2 in the charge sheet. His bail application filed before the Jurisdictional Sessions Court was rejected and therefore he had approached this Court in Criminal Petition No.101072/2022 which was dismissed on merits by the Coordinate Bench of this Court on 24.05.2022. Subsequently, petitioner had filed Criminal Petition No.100282/2023, which was dismissed on merits by the Coordinate Bench of this Court on 14.02.2023. Thereafter, petitioner had filed Criminal Petition No.103479/2024, which was dismissed on merits by the Coordinate Bench of this Court on 17.01.2025. Petitioner had once again approached the trial Court in Criminal Misc.No.10088 of2025, which was dismissed on 06.06.2025. It is under these circumstances, he is before this Court in this successive bail application.

4. Learned counsel for the petitioner submits that petitioner having no criminal antecedent, is in custody for the last 3 years 10 months. All the material charge sheet witnesses have been already examined. The petitioner was serving in Indian Army and his higher officers have issued a communication dated 15.04.2025 addressed to the Presiding Officer of the Trial Court, with a request to enlarge the petitioner on bail since his services are required by the Army. He submits that there is no progress in the trial after dismissal of Criminal Petition No.103479 of 2024 by the Coordinate Bench of this Court on 17.01.2025. Accordingly, he prays to allow the petition.

5. Per contra, learned HCGP has opposed the petition. She submits that earlier bail applications filed by the petitioner have been dismissed on merits and no change in circumstance has been pointed out and therefore this petition cannot be entertained. She further submits that trial Court may be directed to dispose of the main case within a time frame since only few more witnesses are required to be examined by the prosecution.Accordingly, she prays to dismiss the petition.

6. First informant, who is the father of deceased Eerappa Balu Shingade, is the alleged eyewitness to the incident in question. Though FIR was initially registered against 5 persons, after completing investigation, charge sheet has been filed only against 2 persons. As per the charge sheet allegations, there was an enmity between the accused and the deceased, for the reason that deceased had made complaint to the police alleging that accused had committed theft of sheep. In the alleged incident that had taken place on 13.10.2021 at about 02.20