Dismissed¶¶38

Swappan Barman v. State of Karnataka

Karnataka HC10 Dec 2025CRL.P/12136/2025

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; Justice Mohammad Nawaz; CRL.P No. 12136 of 2025; decided 10.12.2025; successive/third bail petition; Section 439 Cr.PC; Section 483 BNSS; Section 302 IPC; murder; Crime No.47/2023 Whitefield Police Station; S.C.No.168/2023; 9th Additional City Civil and Sessions Judge; CW-4 turned hostile; ten witnesses examined; trial in progress; incarceration not a ground for bail; repeat bail application dismissed; Swappan Barman; State of Karnataka.

What did the court decide?

The Court declined to consider the case on merits afresh, since the nature and gravity of the offence had already been considered in the earlier petitions and the previous bail petitions were dismissed on those very grounds. ¶¶34

Swappan Barman Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

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NC: 2025:KHC:52568 CRL.P No. 12136 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF DECEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12136 OF 2025 (439(Cr.PC) / 483(BNSS))

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BETWEEN:

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SWAPPAN BARMAN S/O. DEERAN BARMAN, AGED ABOUT 51 YEARS, R/AT C/O. RENTED HOUSE OF PUSHPA NEAR VINAYAKA TEMPLE, HAGADUR, WHITEFIELD, BANGALORE-560 066.

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PERMANENT RESIDENT OF PURIAL VILLAGE, KANTOR POST, BHAGILATA, UTTAR DINAJPUR DISTRICT, WEST BENGAL-733 156.

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…PETITIONER

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(BY SRI. RAKSHITH R., ADVOCATE)

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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AND:

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STATE OF KARNATAKA STATE BY WHITEFIELD PS, REP BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.

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…RESPONDENT

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(BY SRI. JAGADEESHA.B.N., ADD. SPP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL B IN CR.NO.47/2023 OF WHITEFILED P.S. PENDING ON THE FILE OF THE IX ADDL.DISTRICT AND SESSIONS JUDGE AT BENGALURU

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NC: 2025:KHC:52568 CRL.P No. 12136 of 2025

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HC-KAR

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RURAL IN S.C.NO.168/2023 FOR THE OFFENCE P/U/S 302 OF IPC.

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

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CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This is the third successive bail petition preferred by the petitioner to enlarge him on bail in Crime No.47/2023 of Whitefiled Police Station, now pending trial in S.C.No.168/2023 on the file of the 9^th Additional City Civil and Sessions Judge, at Bengaluru.

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Criminal Petition No.1260/2024 was dismissed by this Court vide order 01.03.2024 on merits. Thereafter, the petitioner preferred Criminal Petition No.456/2025 for bail on the ground that the material witness namely, CW-4 examined by the trial court turned hostile and not supported the prosecution case. The said petition was dismissed vide order dated 18.02.2025, observing that the hostility of CW-4 and even the incarceration of the petitioner are not sufficient to enlarge him on bail. The fact

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NC: 2025:KHC:52568 CRL.P No. 12136 of 2025

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HC-KAR

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that the trial was in progress and the petitioner hails from

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a different State was also taken into consideration.

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The learned Additional SPP submits that already

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ten witnesses are examined in this case and the trial is in progress and therefore at this stage, if the petitioner is enlarged on bail, he may flee from justice.

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The grounds now urged by the learned counsel for the petitioner are that the petitioner is innocent and the material witnesses have turned hostile and the petitioner is languishing in judicial custody. In the earlier petitions, this Court has considered the nature and gravity of the offence. Hence, considering the case on merits once again does not arise. The grounds urged were taken into consideration earlier and the previous bail petitions were dismissed. Considering that the trial is in progress and the punishment prescribed for the offence, incarceration undergone by the petitioner is not a ground to enlarge him on bail.

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NC: 2025:KHC:52568 CRL.P No. 12136 of 2025

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HC-KAR

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Petition is dismissed .

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Sd/(MOHAMMAD NAWAZ) JUDGE

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JJ List No.: 1 Sl No.: 6