Karnataka High Court
Shivaprasad @ Shivu @ Tinku vs The State Of Karnataka on 6 June, 2025
-1-
NC: 2025:KHC:19244
CRL.A No. 1419 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO. 1419 OF 2023
Between:
1. Shivaprasad @ Shivu @ Tinku (A-3),
S/o Srinivas,
Aged about 21 years.
R/at C/o Ashwathamma,
3rd Main Road, 3rd Cross,
Bachanna Layout, B.Channasandra,
Kasturi Nagara, Bengaluru-560043.
2. Abhishek @ Abhi
S/o Kumar K., (A-4),
Aged about 25 years,
R/at No.135, 5th Cross,
BEML Layout, Near IJ Factory,
Digitally signed T.C.Palya, Bengaluru-560049.
by VEERENDRA ...Appellants
KUMAR K M
(By Sri Veeranna G. Tigadi, Advocate)
Location: HIGH
COURT OF
KARNATAKA And:
1. The State of Karnataka
by Avalahalli Police Station,
Rep. by State Public Prosecutor,
High Court of Karnataka,
Bengaluru-560001.
2. Roopa V.,
W/o Venkatesh @ Kulla Venkatesh,
Aged about 42 years,
-2-
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CRL.A No. 1419 of 2023
HC-KAR
No.244, 3rd Main, 2nd Cross,
Bhovi Colony, Rammurthy Nagar,
Bengaluru-560016.
...Respondents
(By Sri P.Thejesh, HCGP, for R1;
Sri B.S.Prasad, Advocate, for R2)
This Criminal Appeal is filed u/s.14(A)(2) of SC/ST (POA)
Act praying to set aside the order dated 15.07.2023 passed by
the Court of I Additional District and Sessions Judge, c/c II
Additional District and Sessions Judge, Bengaluru, in
Crime.No.257/2021 of Avalahalli Police Station for the alleged
offence p/u/s 341, 302, 143, 120(B), 147, 148 r/w 149 of IPC
and Section 3(1)(r)(s) and 3(2)(va) of SC/ST (POA) Act.
This Criminal Appeal, coming on for admission, this day,
judgment was delivered therein as under:
CORAM: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR
ORAL JUDGMENT
This is an appeal against the order dated 15.07.2023
passed by the II Additional District and Sessions Judge,
Bengaluru Rural District, in Special Case 5/2022 rejecting
the bail application filed on behalf of accused 3 and 4.
2. The appellants moved the sessions court for bail
for the second time. It is to be mentioned here that
appeal filed by the appellants earlier, i.e., Criminal Appeal
1574/2022 against the order on the first application for
bail was withdrawn and the trial court was directed to
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expedite trial. Thereafter the appellants moved the trial
court for bail and it was dismissed by virtue of the
impugned order.
3. Heard Sri V.G.Tigadi, learned counsel for the
appellants and Sri P. Thejesh, learned HCGP for
respondent No.1 and Sri B.S.Prasad, learned advocate for
respondent No.2.
4. The accused are facing trial in connection with the
incident dated 25.09.2021 in relation to homicidal death of
one Venkatesh @ Kulla Venkatesh in the background of a
land dispute. The projected motive is that there was a
civil dispute between accused No.1 and the deceased and
for that reason accused No.1 took the help of the other
accused to cause the death of the deceased. It is clear
that the motive is attributable to accused No.1. But it is
the argument of Sri V.G.Tigadi that in spite of a specific
direction given by this court in Criminal Appeal 1574/2022
the trial court has not fixed the date for trial. Because of
delay in commencement of trial, the appellants can take
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advantage for claiming bail. He refers to the order sheet
of the proceedings in the sessions trial to submit that since
September 2002 the trial court has been adjourning the
case for fixing date for trial and thereby there is delay in
commencing the trial, let alone its completion. Since the
appellants are in custody, they are not responsible for the
delay and for this reason they shall be released on bail.
5. Sri P. Thejesh and Sri Prasad in turn argued that
the incident occurred in the broad daylight. There are
three eyewitnesses to the incident. If the appellants are
released on bail, it is sure that they will threaten the
witnesses and tamper with the evidence and thereby fair
trial cannot be expected.
6. If the application for bail dated 26.06.2023 filed
on behalf of the appellants is perused, it becomes clear
that the appellants have just stated that if they are not
released on bail, they have to languish in judicial custody
till disposal of the case which may take considerable time.
Very specifically their entitlement for bail on the ground of
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delay in and commencement of trial is not taken, however
what is stated in para 19 of the bail application gives an
inkling to gather the meaning that there is delay in
commencement of trial. The appellants are not seeking
bail on merits of the case, their specific contention is about
delay in commencement of trial, which is a good ground.
As has been argued by Sri V.G.Tigadi, the appellants
cannot be held responsible for delay in commencement of
trial as they are in custody. If the trial court has not fixed
the date for trial since 19.09.2022 without any valid
reasons, it is a matter of serious concern. Therefore on
this ground appellants become entitled to bail. However,
to obviate the apprehension expressed by the
respondents, the appellants may be subjected to stringent
conditions. Hence, the following :
ORDER
Appeal is allowed.
The order dated 15.07.2023 passed
by the II Additional District and Sessions
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Judge, Bengaluru Rural District, in Special
Case 5/2022 rejecting the application of
the appellants filed under Section 439
Cr.P.C. is set aside. The said
application is allowed.
The appellants are admitted to bail
on obtaining from each of them a bond
for Rs.2,00,000/- (Rupees two lakhs
only) and providing two sureties for the
likesum to the satisfaction of the trial
court. The appellants are also
subjected to following conditions:-
i. They shall not tamper with the
evidence collected by the
investigating officer and threaten
the witnesses.
ii. They shall regularly appear before
the trial court till conclusion of the
trial.
iii. Till conclusion of the trial, the
appellants shall appear once in a
week before the Avalahalli police
station preferably on Sunday
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between 9 am and 12 noon and mark
their attendance.
iv. They shall not indulge in criminal
activity in future. Registration of
any FIR against them for any serious
offence at any place will give a right
to the prosecution for seeking
cancellation of bail.
Sd/-
(SREENIVAS HARISH KUMAR)
JUDGE
CKL
