Disposed¶33

Vinod, v. State of Karnataka

Karnataka HC9 Jul 2025CRL.P/4415/2025

Case brief

AI extract

What is this about?

Successive regular bail application, Section 439 Cr.P.C., delay in trial, charges framed August 2024, murder case Section 302 r/w 34 IPC, Crime No.168/2023 Chikkajala Police Station, S.C.No.15009/2024, V Additional District Judge Bengaluru Rural Devanahalli, earlier bail application Crl.P.No.2542/2024 dismissed on merits 20.06.2024, material witness CW.11 to be examined within four months, petition disposed with liberty to reapply, High Court of Karnataka, S Vishwajith Shetty.

What did the court decide?

No bail granted; petition disposed of with liberty to the petitioner to approach this Court afresh after examination of CW.11 is completed before the trial Court, with a direction that the trial Court and prosecution examine CW.11 on priority within four months. ¶33

Vinod, Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, whose earlier bail application (Crl.P.No.2542/2024) was dismissed on merits, should be granted regular bail in S.C.No.15009/2024 on the ground of delay in trial.

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Court's answer

The successive bail petition was disposed of with liberty to the petitioner to approach this Court afresh once examination of CW.11 is completed before the trial Court.

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Ratio / Principle

The trial Court as well as the prosecution shall make endeavors to examine the material charge sheet witness CW.11 before the trial Court on priority.

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Key takeaways

Examination of CW.11 is to be completed as expeditiously as possible, not later than a period of four months from the date of receipt of copy of this order.ratio¶37

Detailed headnote1 paragraphs

Karnataka High Court (S Vishwajith Shetty J) disposed of a successive regular bail application filed under Section 439 of Cr.P.C. by Vinod s/o Durgi, an accused in S.C.No.15009/2024 arising out of Crime No.168/2023 of Chikkajala Police Station for offences punishable under Section 302 read with Section 34 of IPC, pending before the V Additional District Judge, Bengaluru Rural, sitting at Devanahalli. The petitioner's earlier application (Crl.P.No.2542/2024) had been dismissed on merits by the Coordinate Bench on 20.06.2024; the fresh application was grounded on delay in trial, charges having been framed in August 2024 with the matter since adjourned only for fixing the date of trial and producing the property. Without granting bail, the Court disposed of the petition with liberty to the petitioner to approach it afresh once examination of material charge sheet witness CW.11 is completed, and directed the trial Court and prosecution to examine CW.11 on priority, as expeditiously as possible, not later than four months from receipt of copy of the order.

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NC: 2025:KHC:24935 CRL.P No. 4415 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO.4415 OF 2025

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BETWEEN:

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VINOD S/O DURGI, AGED ABOUT 25 YEARS, R/AT KAIVAR VILLAGE, CHINTAMANI TALUK, CHIKKABALLAPURA - 562 101.

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…PETITIONER

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(BY SRI. M. KRISHNE GOWDA, ADVOCATE FOR SRI. ESHWARA H.H, ADVOCATE)

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AND:

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Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka

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STATE OF KARNATAKA, STATE BY CHIKKAJALA P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001.

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(BY SRI. RANGASWAMY R, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO ORDER OF BAIL ENLARGING THE PETITIONER IN CRIME NO.168/2023 OF CHIKKAJALA PS, NOW IN S.C.NO.15009/2024 AND PENDING TRAIL BEFORE THE V ADDITIONAL DISTRICT JUDGE, BENGALURU RURAL, SITTING AT DEVANAHALLI FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 R/W 34 OF IPC.

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

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NC: 2025:KHC:24935 CRL.P No. 4415 of 2025

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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The petitioner is before this Court in this successive bail application filed under Section 439 of Cr.P.C., seeking regular bail in S.C.No.15009/2024 pending before the Court of V Additional District Judge, Bengaluru Rural, sitting at Devanahalli, arising out of Crime No.168/2023 registered by Chikkajala Police Station for the offence punishable under Section 302 read with Section 34 of IPC.

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Petitioner had earlier approached this Court in Crl.P.No.2542/2024, which was dismissed on merits by the Coordinate Bench of this Court on 20.06.2024. It is under these circumstances, the petitioner is before this Court in successive bail application on the ground of delay in trial.

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Learned counsel for the petitioner having produced the order sheet of the trial Court submits that though charge has been framed in the present case in the month of August-2024 itself, thereafter there is no

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3 - NC: 2025:KHC:24935 CRL.P No. 4415 of 2025

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HC-KAR

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progress in the case and the matter is adjourned fixing the date of trial.

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Perusal of the order sheet of the trial Court would go to show that after charges were framed against the accused, the matter is being adjourned for the purpose of fixing the date of trial and also to produce the property.

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Learned High Court Government Pleader submits that by the next date of hearing, the property shall be produced before the trial Court and CW.11 who is material charge sheet witness shall be examined before the trial Court on priority. The said submission is placed on record.

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Accordingly, petition is disposed off with liberty to the petitioner to approach this Court afresh after examination of CW.11 is completed before the trial Court. It is needless to state that trial Court as well as the prosecution shall make endeavors to examine the material charge sheet witness - CW.11 before the trial Court on

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NC: 2025:KHC:24935 CRL.P No. 4415 of 2025

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HC-KAR

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priority, as expeditiously as possible but not later than a period of four months from the date of receipt of copy of

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this order.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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