Sri Kempanna S/O. Arjuna Nesargi Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

Sri Kempanna S/O. Arjuna Nesargi Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner directed to be enlarged on regular bail in S.C.No.5107/2022 (arising out of Crime No.185/2022, Yamakanmardi Police Station, Belagavi District) subject to conditions: execution of personal bond of Rs.1,00,000/- with two sureties for the likesum; regular appearance before the Trial Court unless exempted for valid reasons; no direct or indirect threatening or tampering with prosecution witnesses; no involvement in similar offences in future.

Issue for consideration

Whether the petitioner, accused no.2 in S.C.No.5107/2022 (arising out of Crime No.185/2022, Yamakanmardi Police Station), in custody since 21.07.2022 with trial yet to commence, is entitled to regular bail under Section 439 Cr.P.C. in this successive bail application. +1 more

Court's answer

Considering the period of custody (from 21.07.2022), non-commencement of trial, absence of other criminal antecedents, bail already granted to co-accused including accused no.10, the petitioner's medical condition, and the speedy-trial principle in Javed Gulam Nabi Shaikh (supra), the prayer for regular bail needed to be answered affirmatively.

Ratio / Principle

The Court found that accused no.10, who along with the petitioner is alleged to have assaulted the deceased with talwars, had already been granted regular bail by a coordinate bench of this Court, and that the petitioner undisputedly has no other criminal antecedents — factors weighing in favour of bail.

Key takeaways

Material on record showed the petitioner suffers from kidney stone and heart ailments; he had undergone treatment for kidney stones and was advised to undergo an operation for his heart ailment; interim bail had been granted on 29.05.2025 on health grounds — a further ground supporting release on bail.ratio¶45
In granting bail, the Court applied the principle from Javed Gulam Nabi Shaikh v. State of Maharashtra, (2024) 9 SCC 813, para 17, that the fundamental right of an accused to a speedy trial under Article 21 applies irrespective of the nature or gravity of the crime, and that the prosecuting agency should not oppose bail merely because the crime is serious when speedy trial cannot be ensured.ratio¶44

Detailed headnote1 paragraphs

Karnataka High Court, Dharwad Bench (S. Vishwajith Shetty, J.), Criminal Petition No. 101836 of 2025, decided 07.08.2025 (NC: 2025:KHC-D:9972): Successive regular bail application under S.439 Cr.P.C. (S.483 BNSS, 2023) by Kempanna, accused no.2 in S.C.No.5107/2022 pending before the VII Additional District & Sessions Judge, Belagavi at Chikkodi, arising out of Crime No.185/2022 of Yamakanmardi Police Station for offences u/SS.143, 147, 148, 120B, 302, 504, 506, 201, 149 IPC r/w S.25(1A) Indian Arms Act, 1959 — murder of Parashuram on 15.07.2022 by talwar assault after the conspirators' car was dashed against his motorbike. Petitioner in custody since arrest on 21.07.2022; charge sheet against eleven persons; trial not commenced; bail earlier rejected by the Sessions Court; Crl.P.No.100942/2023 dismissed as withdrawn (13.07.2023); Crl.Misc.No.5075/2025 rejected (22.02.2025); interim bail granted 29.05.2025 for kidney-stone treatment, heart operation now advised. All other accused, including co-assailant accused no.10 (regular bail in Crl.P.No.103865/2022, 15.12.2022), already released; petitioner has no other criminal antecedents. Relying on Javed Gulam Nabi Shaikh v. State of Maharashtra, (2024) 9 SCC 813, para 17 (Art.21 speedy-trial right applies irrespective of gravity of crime), the Court allowed the petition and enlarged the petitioner on bail on a personal bond of Rs.1,00,000/- with two sureties, subject to conditions of regular trial-court appearance, no tampering with or threatening of prosecution witnesses, and no involvement in similar offences.

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NC: 2025:KHC-D:9972 CRL.P No. 101836 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,

DHARWAD BENCH

DATED THIS THE 7^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

CRIMINAL PETITION NO. 101836 OF 2025

(439(Cr.PC)/483(BNSS)-)

BETWEEN:

SRI. KEMPANNA S/O. ARJUNA NESARGI, AGED ABOUT 27 YEARS, OCC: AGRICULTURE, R/O: HOSPETE VILLAGE, HUKKERI TALUK, DISTRICT BELAGAVI, PIN - 591309

…PETITIONER

(BY SRI. ANAND R. KOLLI, ADVOCATE)

AND:

RAKESH S HARIHAR

Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA REPRESENTED BY: STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD, THROUGH PSI YAMAKAN MARDI POLICE STATION, HUKKERI TALUKA, DISTRICT BELAGAVI.

…RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SEC. 483 OF BNSS, 2023) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CONNECTION WITH NO. 0185/2022 REGISTERED BY YAMAKANMARDI POLICE STATION, FOR THE OFFENCE P/U/SC. 143, 147, 148, 120(B), 302, 504, 506, 201, 149 OF IPC R/W SEC.25(1)(a) OF INDIAN ARMS ACT 1959. THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2025:KHC-D:9972 CRL.P No. 101836 of 2025

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused No.2 in S.C.No.5107/2022 pending before the Court of VII Additional District & Sessions Judge Belagavi sitting at Chikkodi arising out of Crime No.185/2022 registered by Yamakanmardi Police Station, Belagavi District for offences punishable under Sections 143, 147, 148, 120B, 302, 504, 506, 201, 149 of IPC and Section 25(1A) of the Indian Arms Act, 1959 is before this Court in this successive bail application filed under Section 439 of Cr.P.C, seeking regular bail.

Heard the learned counsel appearing for the parties.

FIR in Crime No.185/2022 was filed by

Yamakanmardi Police Station, Belagavi District initially for offences punishable under Section 143, 147, 148, 109, 120B, 302, 504, 506 and 149 of IPC against Basavaraja Bharamappa and others, based on the first information dated 16.07.2022 received from Smt. Ashwini Halakarni, wife of deceased Parashuram. During the course of investigation of the case, petitioner who was arraigned as accused no.2 in the FIR was arrested on 21.07.2022. After completing investigation, charge

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sheet has been filed against eleven persons and the petitioner is arraigned as accused no.2 in the charge sheet. His bail application filed before the Jurisdiction Sessions Court was rejected and therefore he had approached this Court in Crl.P.No.100942/2023, which was dismissed as withdrawn with liberty to file a fresh petition vide order dated 13.07.2023. Thereafter, petitioner had filed a fresh bail application before the trial Court in Crl.Misc.No.5075/2025, which was rejected on 22.02.2025. It is under these circumstances, the petitioner is before this Court in this successive bail application.

Learned counsel for the petitioner submits that, except the petitioner all the other accused in the present case have been granted regular bail. The petitioner is in custody from 21.07.2022 onwards. Trial in the case is yet to commence. Considering the health condition of the petitioner, this Court has granted interim bail to the petitioner by order dated 29.05.2025. The petitioner who has undergone treatment for his kidney stone is advised to undergo an operation for his heart ailment. He accordingly prays to allow the petition.

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Per contra, learned HCGP has opposed the petition. She submits that petitioner and accused no.10 are the persons who have assaulted the deceased with talwar and had committed his murder. There are eye witnesses to the incident in question. Accordingly, she prays to dismiss the petition.

Perusal of the material on record would go to show that accused no.1 had ill-will against the deceased Parashuram and he had conspired with accused nos.1, 2, 5, 8, 9 and 10 to commit the murder of Parashuram. In furtherance of said conspiracy, on 15.07.2022, the aforesaid accused armed with two talwars, dashed the car in which they were travelling against the motorbike of Parashuram and when he fell down, accused nos.2 and 10 assaulted him with the talwars and committed his murder. Accused no.10, Suresh S/o Appayya Shivapure has been granted regular bail by the coordinate bench of this Court in Crl.P.No.103865/2022, disposed of on 15.12.2022. Undisputedly, the petitioner has no other criminal antecedents. He is in custody in the present case from 21.07.2022. Till date, trial in the case has not commenced.

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NC: 2025:KHC-D:9972 CRL.P No. 101836 of 2025

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The Hon'ble Supreme Court in the case of JAVED

GULAM NABI SHAIKH VS. STATE OF MAHARASHTRA - (2024) 9

SCC 813 in paragraph 17 has observed as follows

"17. 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."

Material on record would go to show that the petitioner is suffering from kidney stone and certain heart ailments and considering the same, this Court has granted him interim bail on 29.05.2025. It is brought to the notice of this Court that the petitioner has undergone treatment for his kidney stones and he is now advised to undergo operation for his heart ailment.

Considering the aforesaid aspects of the matter, I

am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

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10. Accordingly, the following:

ORDER

Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in S.C.No.5107/2022 pending before the Court of VII Additional District & Sessions Judge Belagavi sitting at Chikkodi arising out of Crime No.185/2022 registered by Yamakanmardi Police Station, Belagavi District for offences punishable under Sections 143, 147, 148, 120B, 302, 504, 506, 201, 149 of IPC and Section 25(1A) of the Indian Arms Act, 1959, subject to the following conditions:

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

ii. 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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iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

iv. The petitioner shall not involve in similar offences in future.

Sd/(S.VISHWAJITH SHETTY)

JUDGE

NMS/CT:ANB