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2025 Supreme(Online)(Kar) 17410
KARNATAKA HIGH COURT
MOHAMMAD NAWAZ, J
SUNIL @ SUNIL @ THAMILU SUNIL S/O MANI AGED ABOUT 30 YEARS R/O YALAVATTI VILLAGE SHIVAMOGGA TALUK DISTRICT - 577 222 – Appellant
Versus
STATE OF KARNATAKA BY NYAMATHI POLICE STATION DAVANAGERE – Respondent
CRIMINAL PETITION NO. 4736 OF 2025 | CRIMINAL PETITION NO. 4734 OF 2025
For the Appellants/Petitioners: SRI CHAKRAVARTHY T.S
For the Respondents: SRI RANGASWAMY R
Bail may be granted considering prolonged custody and absence of framed charges, with provisions for future applications.
Headnote:Statute Analysis: This petition is filed under Section 439 of the Criminal Procedure Code for bail in connection with Crime No. 46/2023 under various sections of IPC. Facts: Petitioners seek bail after being in custody for over two years while other accused have been granted bail.
Findings of Court:
The court noted that charges are not framed, and there is a potential risk of tampering with witnesses.
Issues: The court addressed whether the petitioners should be granted bail considering their prolonged custody.
Ratio Decidendi: The court reasoned that, due to a stay on proceedings and absence of framed charges, it may be justifiable to allow the petitioners the option to file new bail applications if necessary.
Result: Petitions are disposed of with liberty for petitioners to file fresh petitions if charges are not framed within three months.
| Table of Content |
|---|
| 1. petitioners seek bail after lengthy custody for charges under ipc. (Para 1 , 2 , 3 , 4 , 5) |
| 2. prosecution expresses concerns over witness tampering. (Para 6 , 7) |
| 3. petitioners may file new bail applications if charges not framed in three months. (Para 8) |
| 4. court disposes of petitions allowing for future applications. (Para 9) |
ORAL ORDER
1. Crl.P.No.4736/2025 is preferred by accused no.2 and 3 and Crl.P.No.4734/2025 is preferred by accused no.6.
2. Petitioners are seeking to enlarge them on bail in Crime No.46/2023 of Nyayamathi Police Station, Davanagere, now pending in SC No.175/2023 on the file of the Principal District and Sessions Judge, Davanagere.
3. Charge sheet is filed against accused no.1 to 19 for the offences punishable under Section 143, 147, 148, 324, 326, 302, 307, 120B, 201, 212 read with Section 149 of IPC.
4. It is submitted by the learned counsel for the petitioners that accused nos.4, 5, 7 to 12, 14 to 19 are already enlarged on bail, whereas petitioners namely, accused no.2, 3 and 6 are languishing in judicial custody for nearly two years four months. As against accused no.13 since he was absconding, case has been split-up. Further, accused no.8 has preferred criminal petition before this Court seeking quashing of the proceedings, in Crl.P.No.12644/2023 and this Court has granted an order of stay of the further proceedings. Learned HC-KAR counsel submits that in view of the stay granted by this Court, the entire proceedings have been stayed and therefore, petitioners who are languishing in judicial custody may be enlarged on bail.
5. It is also submitted that accused no.4 and 5 as against whom specific overt acts are attributed are enlarged on bail by this Court.
6. Learned HCGP contends that CWs 45, 46 and 47 are the eye witnesses and therefore, if the petitioners are enlarged on bail they may tamper with the prosecution witnesses and thereby hamper the case of prosecution.
7. In this case, charges are not yet framed. The proceedings are said to have been stalled in view of the stay granted by this Court in a petition preferred by accused no.8. It is submitted by learned counsel for the petitioners that a memo was filed before the trial Court to split-up the case insofar as accused no.8 is concerned and to proceed against the petitioners, but the said memo has been rejected by the trial Court on 10.03.2025. He submits that if charges are not framed within a HC-KAR reasonable time, petitioners may be permitted to renew their petitions seeking bail.
8. In the light of the above submissions, liberty is reserved to the petitioners to file a fresh petition before the Sessions Court, if the charges are not framed within a period of three months from the date of receipt of a copy of this order. In the meanwhile, it is open for the petitioners to file appropriate application in Crl.P.No.12644/2023 for necessary orders.
9. With the above observations, petitions are disposed of Sd/-
(MOHAMMAD NAWAZ)
