Abhishek Palan Vs the State by

THE STATE BY KOTA POLICE STATION KOTA, BRAHMAVARA CIRCLE UDUPI DISTRICT-576 221. REPRESENTED BY STATE PUBLIC PROSECUTOR KARNATAKA HIGH COURT BUILDING BENGALURU-560 001.

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(BY SMT. RASHMI PATEL, H.C.G.P.)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C PRAYING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER ON BAIL IN S.C.NO.11 OF 2019 (CRIME NO.15 OF 2019 OF KOTA POLICE STATION) ON THE FILE OF THE COURT OF THE PRINCIPAL AND ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI DISTRICT, UDUPI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 449, 323, 307, 302, 120-B, 109, 342, 504, 324, 506, 201, 212 READ WITH SECTION 149 OF IPC AND DIRECT THAT THIS PETITIONER BE RELEASED ON BAIL.

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NC: 2025:KHC:21187 CRL.P No. 101 of 2025

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HC-KAR

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.7 in Sessions Case No.11/2019 pending

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before the Court of Principal District and Sessions Judge, Udupi District, Udupi, arising out of Crime No.15/2019, registered by Kota Police Station, Udupi, for offences punishable under Sections 143, 147, 148, 449, 323, 307, 302, 120B, 109, 342, 504, 324, 506, 201, 212 red with Section 149 of IPC is before this Court under Section 439 of code of Criminal Procedure, seeking regular bail.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.15/2019 was registered by Kota Police Station for the aforesaid offences against Rajashekar Reddy and others based on the first information dated 27.01.2019 received from Lohith Poojari S/o. Ramachandra, who is the injured victim in the

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present case. During the course of investigation,

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3 - NC: 2025:KHC:21187 CRL.P No. 101 of 2025

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HC-KAR

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petitioner herein was arrested on 09.02.2019 and subsequently remanded to judicial custody. After completing investigation charge sheet has been filed against 18 persons and petitioner is arrayed as accused No.7 in the charge sheet. His bail application filed before

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the jurisdictional Sessions Court in S.C.No.11/2019 was rejected on 05.09.2019 and therefore, he had approached this Court in Criminal Petition No.2072/2020, which was rejected by the Co-ordinate Bench of this Court by order dated 09.07.2020. The petitioner is now before this Court in this successive bail application on the ground of delay in filing.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that prosecution has already completed its side of evidence and though the matter was posted for the purpose of recording the statement of the accused under Section 313 of Cr.P.C. on 10.04.2024, there is no progress in the case thereafter. Petitioner is in custody for the last more than six years. In

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4 - NC: 2025:KHC:21187 CRL.P No. 101 of 2025

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HC-KAR

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two other criminal cases registered against him petitioner has already been acquitted, he accordingly prays to allow the petition.

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Per contra, learned HCGP, who has opposed the petition, does not dispute the submission made by learned counsel for the petitioner.

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F.I.R. in the present case was registered in Crime No.15/2019 by Kota Police Station, Udupi, against Rajashekar Reddy and others. Undisputedly, petitioner's

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name is not found in the FIR. During the course of investigation he was arrested on 09.02.2019 and ever since then he is in custody. His bail application filed before this Court, earlier in Criminal Petition No.2072/2020 was rejected on 08.07.2020 wherein it is observed that if the accused are enlarged on bail, the chances of they tampering the prosecution witness cannot be ruled out. Thereafter the prosecution has examined its witnesses and closed its side before the Trial Court and the

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5 - NC: 2025:KHC:21187 CRL.P No. 101 of 2025

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HC-KAR

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matter was adjourned on 10.04.2024 for the purpose of recording the statement of the accused under Section 313 of Cr.P.C. Order sheet of the Trial Court which is made available to this Court by the learned HCGP today would go to show that till date the statement of the accused under Section 313 of Cr.P.C. has not been recorded by the Trial Court. The Hon'ble Supreme Court in the case of JAVED GULAM NABI SHAIKH V. STATE OF MAHARASHTRA AND ANOTHER - 2024 SCC ONLINE SC 1693 at paragraph No.19 has observed as follows:

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"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".

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6 - NC: 2025:KHC:21187 CRL.P No. 101 of 2025

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HC-KAR

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It is not dispute that in the other two criminal cases which were registered against the petitioner, he has been already acquitted and the said judgment and order of acquittal has attained finality. In the present case petitioner is in custody for the last more than six years.

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For the last more than one year there is absolutely no progress in the case, before the Trial Court. Under the circumstances, I am of the view that without expressing any opinion on the merits and demerits of the case, prayer made by the petitioner for grant of regular bail needs to be answered in the affirmative, considering his period of incarceration. Accordingly the following :-

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ORDER

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The petition is allowed . The petitioner is directed to

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be enlarged on bail in Crime No.15/2019 of Kota Police Station registered for the offences punishable under Sections 143, 147, 148, 449, 323, 307, 302, 120B, 109, 342, 504, 324, 506, 201, 212 r/w 149 of IPC subject to the following conditions:

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7 - NC: 2025:KHC:21187 CRL.P No. 101 of 2025

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HC-KAR

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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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.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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NG

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List No.: 1 Sl No.: 28

Abhishek Palan v. the State by

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Abhishek Palan v. the State by

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