High Court of Karnataka Grants Bail Under Section 483 BNSS: Speedy Trial Held as Fundamental Right Under Article 21 - 2026-01-31

Justice Delayed: Karnataka High Court Upholds Speedy Trial as a Fundamental Right

In a significant decision underscoring the sacrosanct nature of personal liberty, the High Court of Karnataka has granted regular bail to an accused individual who had spent over three years in custody without the conclusion of his trial. The ruling, delivered by Hon'ble Mr. Justice S. Vishwajith Shetty, highlights the judiciary's increasing intolerance toward prolonged incarceration caused by systemic delays in the prosecution of criminal cases.

The Background of the Dispute

The petitioner, M. Abhishek, was arrested in November 2022 in connection with the murder of his friend, Shivaprakash. Initially registered under Section 307 of the Indian Penal Code, the case was subsequently upgraded to Section 302 following the victim's death during treatment. The prosecution alleged that the crime was fueled by personal vengeance, with the petitioner and his co-accused allegedly conspiring to attack the victim with an axe.

Despite the gravity of the charges, the petitioner remained in judicial custody for over three years. While a trial court had initially rejected his bail pleas, the High Court had previously directed the lower court to prioritize the examination of key witnesses (CW1 to CW4). However, those witnesses never appeared, and the trial court eventually dropped them from the witness list in July 2025.

Arguments from the Bench and Bar

The petitioner’s counsel argued that the young accused, now 21, had no prior criminal record and had been held in prison far longer than the progress of the trial warranted, especially given the state's failure to produce the assigned witnesses.

The State, represented by the High Court Government Pleader (HCGP), vehemently opposed the bail, pointing to the severity of the 16 injuries sustained by the deceased and expressing concerns over potential witness tampering should the petitioner be released.

The Court’s Reasoning

In its decision, the High Court turned its focus away from the nature of the crime and toward the constitutional mandate of a speedy trial. Citing the Supreme Court’s landmark ruling in Javed Gulam Nabi Shaikh v. State of Maharashtra , the Court asserted that the state cannot cite the "seriousness of the crime" as an excuse for failing to protect an accused’s fundamental rights under Article 21 of the Constitution.

Justice Shetty observed that with 42 witnesses listed in the charge sheet and the initial crucial witnesses removed from the proceedings, the prospect of the trial concluding anytime soon was "very remote." The Court found that keeping an undertrial in prison indefinitely, when the prosecution is unable to advance the trial, violates the core tenets of the Constitution.

Key Observations

• "If the State or any prosecuting agency including the court concerned has no wherewithal to provide or protect the fundamental right of an accused to have a speedy trial as enshrined under Article 21 of the Constitution then the State or any other prosecuting agency should not oppose the plea for bail on the ground that the crime committed is serious."
• "Article 21 of the Constitution applies irrespective of the nature of the crime."
• "The petitioner, who is now aged about 21 years has no other criminal antecedents. He is in custody for the last more than three years."
• "The prosecution has in all cited 42 charge sheet witnesses in the present case and therefore, the chances of the trial being completed and the case being disposed off on merits in the near future is very remote."

Implications for the Future

The decision serves as a stern reminder to investigative agencies and public prosecutors that the right to a speedy trial is not merely a procedural guideline but a constitutional safeguard. By releasing the petitioner upon a personal bond of Rs. 1,00,000, along with strict conditions—including regular court appearances and valid travel restrictions—the Court has signaled that "justice delayed" will no longer be tolerated at the expense of an individual's liberty. For future cases, this precedent establishes that prolonged incarceration, in the absence of an active and progressing trial, creates a compelling ground for the grant of bail, regardless of the severity of the offense.