In cases of heinous offences, delay in trial is not a standalone ground for bail if material witnesses are currently being examined, especially when the accused has not demonstrated a change in circumstances following the dismissal of a previous bail application.

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO PASS ON ORDER OF BAIL ENLARGING THE PETITIONERS IN CR.NO.35/2021 OF JIGANI POLICE, NOW IN S.C.NO.14/2023 AND PENDING BEFORE VI ADDL.DIST. AND SESSIONS JUDGE BENGALURU RURAL DISTRICT FOR THE OFFENCE P/U/S 201,370,371,376D,302 R/W 34 OF IPC.

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 Nos.2 and 3 in SC No.14/2023 pending before the Court of VI Addl. District and Sessions Judge, Bengaluru Rural District, arising out of Crime No.35/2021 registered by Jigani Police Station, Bengaluru, for the offences punishable under Sections 201, 370, 371, 376D, 302 and 34 of IPC, are before this Court in this successive bail application filed under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.35/2021 was registered by Jigani Police Station, Bengaluru, initially for the offences punishable under Sections 302 and 201 of IPC against unknown persons after the dead body of unknown female was found within the jurisdiction of Jigani Police Station, Bengaluru by the first informant - Chikkannaiah. During the course of investigation, petitioners herein were arrested on 29.07.2021 and remanded to judicial custody. After completing investigation, charge sheet has been filed against four persons. Petitioners herein are arrayed as accused Nos.2 and 3 in the charge sheet. Their bail application was rejected before the Trial Court. Therefore, accused No.3 had earlier approached this Court in Crl.P.No.10254/2021, which was dismissed on 14.03.2022. Subsequently, accused Nos.2 and 3 had once again approached this Court in Crl.P.No.8810/2025 which was dismissed on 07.04.2026. It is under these circumstances, petitioners are before this Court in this successive bail application.

4. Learned counsel for the petitioners submits that petitioners are in custody for the last nearly 5 years. There is no much progress in the case. On the ground of delay in trial, their application for grant of regular bail needs to be allowed.

5. Per contra, learned HCGP has opposed the petition. He submits that petitioners' bail application was dismissed as withdrawn before the Co-ordinate Bench of this Court on 07.04.2026 and thereafter, on 08.04.2026, the present petition is filed. He submits that no liberty was granted to petitioners to file a fresh bail application. There is no change in circumstance after Crl.P.No.8810/2025, which was dismissed on 07.04.2026. Accordingly, he prays to dismiss the petition.

6. FIR in the present case was registered against unknown persons, initially for the offences punishable under Sections 302 and 201 of IPC by Jigani Police Station, Bengaluru, after the dead body of an unknown lady was found in a lake, by the first informant. During the course of investigation, accused No.4 was arrested on 23.07.2021 and subsequently, other accused were also arrested. In the charge sheet, which is filed against 4 persons, it is alleged that accused No.4 had brought deceased Supriya Sen from West Bengal to Bengaluru in the year 2020 with a promise to marry her. Thereafter, he had pushed Supriya Sen to his illegal business of prostitution, against her wishes. On 14.02.2021, accused No.4 had allegedly sent Supriya Sen along with accused Nos.1 and 2, who took her in a scooter bearing registration No.KA51 HP1459 to the house belonging to CW26, which is adjacent to the house of accused No.2 and in the said house, accused Nos.1 to 3 committed gang rape on Supriya Sen and subsequently, committed her murder by strangulating her neck using her vei