Eshan Kureshi Vs the State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.46/2022 (S.C.NO.185/2022) OF SAKALESHPURA TOWN POLICE STATION MYSURU, FOR THE OFFENCES P/U/S 302, 323, 504, 120B, 149 OF IPC, PENDING ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, HASSAN.

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

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NC: 2026:KHC:39425 CRL.P No. 8778 of 2026

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HC-KAR

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CNR: KAHC010415422026

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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1. Accused No.1 in SC No.185/2022 pending before the Court of Principal District and Sessions Judge, Hassan, arising out of Crime No.46/2022 registered by Sakaleshpura Town Police Station, Hassan, for the offences punishable under Sections 302, 323, 504, 120B and 149 of IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail.

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2. Heard the learned counsel for the parties.

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3. FIR in Crime No.46/2022 was registered by Sakaleshpura Town Police Station, Hassan, against the petitioner herein and others, based on the first information dated 17.03.2022 received from Imran, who is one of the injured witnesses in the present case. During the course of investigation of the case, petitioner was arrested on 18.03.2022 and remanded to judicial custody. After completing investigation, charge sheet has been filed against ten persons and petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court was rejected. Therefore, he had

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HC-KAR

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NC: 2026:KHC:39425 CRL.P No. 8778 of 2026

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CNR: KAHC010415422026

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approached this Court in Crl.P.No.2029/2023, which was dismissed on 14.07.2023. Subsequently, he had filed fresh bail application in Crl.P.No.12319/2024, which was dismissed on 24.03.2025. Thereafter, petitioner had once again approached this Court in Crl.P.No.11800/2025 which was disposed off by the Co-ordinate Bench of this Court on 06.03.2026, reserving liberty to the petitioner to file a fresh bail application before the Sessions Court on the ground of delay in trial. Thereafter, petitioner had filed a fresh bail application before the Trial Court in SC No.185/2022, which was rejected on 25.04.2026. Therefore, he is before this Court.

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4. Learned counsel for the petitioner submits that petitioner is in custody for the last more than four years. All the material charge sheet witnesses are examined. Except the petitioner, other accused persons have been enlarged on bail. Accordingly, he prays to allow the petition.

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

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HC-KAR

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NC: 2026:KHC:39425 CRL.P No. 8778 of 2026

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CNR: KAHC010415422026

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6. Perusal of the material on record would go to show that accused persons and the deceased were all indulged in illegally selling beef and accused persons had an ill-will against the deceased for the reason that he was giving information to the police against them. It is in this background, on 17.03.2022, accused Nos.1 to 6 had abused deceased Mahamad Apsar, brother of CW1 and had committed his murder. CW1 to CW11 are said to be the eyewitnesses in the present case. Out of 47 charge sheet witnesses cited in the present case, as on this date, 21 charge sheet witnesses are examined as PW1 to PW21. It is not in dispute that all the material charge sheet witnesses, including the aforesaid eyewitnesses, are now examined before the Trial Court. Petitioner, who has no other criminal antecedents is in custody for the last more than four years. Except the petitioner, all other accused persons have been granted bail in the present case.

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In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at

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HC-KAR

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NC: 2026:KHC:39425 CRL.P No. 8778 of 2026

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CNR: KAHC010415422026

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paragraph No.19, the Hon'ble Supreme Court 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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8. Considering the aforesaid aspects of the matter and also the period of petitioner's incarceration, I am of the view that without expressing any opinion on the merits and demerits of the case, his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.185/2022 pending before the Court of Principal District and Sessions Judge, Hassan, arising out of Crime No.46/2022 registered by Sakaleshpura Town Police Station, Hassan, for the offences punishable under Sections

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HC-KAR

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NC: 2026:KHC:39425 CRL.P No. 8778 of 2026

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CNR: KAHC010415422026

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302, 323, 504, 120B and 149 of IPC, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- 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) JUDGE

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DN/List No.: 1 Sl No.: 91

Eshan Kureshi v. the State of Karnataka

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Eshan Kureshi v. the State of Karnataka

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