Karnataka High Court
Mohan @ Mohan Kumar vs State Of Karnataka By on 17 March, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2025:KHC:10835
CRL.P No. 9130 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9130 OF 2024 (439(Cr.PC) /
483(BNSS))
BETWEEN:
MOHAN @ MOHAN KUMAR
S/O MUNIVENKATAPPA
AGED ABOUT 28 YEARS,
R/O CHOWDENAHALLI VILLAGE,
NARASAPURA HOBLI,
KOLAR TALUK-563133
...PETITIONER
(BY SRI. K. RAM SINGH ASSOCIATES., ADVOCATES)
AND:
STATE OF KARNATAKA BY
VEMAGAL POLICE STATION, KOLAR
REP. BY STATE PUBLIC PROSECUTOR
HON'BLE HIGH COURT OF KARNATAKA
Digitally signed by AT BENGALURU - 560001.
NANDINI B G ...RESPONDENT
Location: High
Court of Karnataka
(BY SRI. K. NAGESHWARAPPA, HCGP.)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483
BNSS) PRAYING TO ENLARGE HIM ON REGULAR BAIL IN
S.C.NO.05/2021 FOR ALLEGED OFFENCE P/U/S 143, 147, 148,
302, 307, 323, 324, 504, 201 R/W SEC. 149 OF IPC
REGISTERED BY THE VEMAGAL POLICE STATION AT KOLAR
AND ALSO IN CR.NO.165/2020, NOW PENDING ON THE FILE
OF THE IN THE COURT OF THE II ADDL. DIST. AND SESSIONS
JUDGE AT KOLAR.
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NC: 2025:KHC:10835
CRL.P No. 9130 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 in S.C.No.5/2021, pending before the Court
of II Additional District and Sessions Judge, Kolar, arising out of
Crime No.165/2020 registered by Vemagal Police Station,
Kolar, for offences punishable under Sections 143, 147, 148,
302, 307, 323, 324, 504, 506, 201 read with Section 149 of
Indian Penal Code (for short 'IPC') is before this Court under
Section 439 of Cr.PC seeking regular bail.
2. Heard the learned counsels for the parties.
3. Learned counsel for the petitioner submits that the
petitioner is in judicial custody from 06.08.2020 onwards.
Petitioner has no other criminal antecedents. Accused Nos.2 to
7 have been already enlarged on regular bail. Till date, only
three charge sheet witnesses have been examined before the
Trial Court. Accordingly, he prays to allow the petition.
4. Per contra, learned High Court Government Pleader
who has opposed the petition, does not dispute the submission
made by the learned counsel for the petitioner.
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5. Petitioner, who has no other criminal antecedents is
in judicial custody from 06.08.2020 onwards. It is not in
dispute that accused Nos. 2 to 7 have been enlarged on regular
bail in this case. The prosecution has in all cited 48 charge
sheet witnesses in the present case and out of the 48 charge
sheet witnesses, till date, only 3 charge sheet witnesses have
been examined as PWs.1 to 3.
6. The Hon'ble Supreme Court in the case of JAVED
GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA AND
ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph
No.19, has observed as follows:
"19. 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."
7. In the background of the aforesaid judgment,
considering the period of petitioner's incarceration and the
stage of the case before the Trial Court, I am of the opinion
that the prayer made by the petitioner for grant of regular bail
NC: 2025:KHC:10835
is required to be answered affirmatively. Accordingly, the
following:-
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime
No.165/2020 registered by Vemagal Police Station, Kolar, for
the offences punishable under Sections 143, 147, 148, 302,
307, 323, 324, 504, 201 read with Section 149 of IPC, subject
to the following conditions:
a) Petitioner shall execute personal bond
for a sum of Rs.1,00,000/- with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court;
b) The petitioner shall appear regularly on
all the dates of hearing before the Trial Court
unless the Trial Court exempts his appearance for
valid reasons;
c) The petitioner shall not directly or
indirectly threaten or tamper with the prosecution
witnesses;
d) The petitioner shall not involve in
similar offences in future;
NC: 2025:KHC:10835
e) The petitioner shall not leave the
jurisdiction of the Trial Court without permission of
the said Court until the case registered against him
is disposed off.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
SPV
