Karnataka High Court
Abhishek Palan vs The State By on 19 June, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 101 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.101 OF 2025
BETWEEN:
ABHISHEK PALAN
S/O. UDAYA PALAN
AGED ABOUT 28 YEARS
RESIDENT OF OPPOSITE ST. POWL CHURCH
SUBRAMANYA NAGAR, PUTTUR VILLAGE
UDUPI DISTRICT-574 201.
...PETITIONER
(BY SRI K.V. SATEESH CHANDRA, ADVOCATE)
AND:
THE STATE
BY KOTA POLICE STATION
KOTA, BRAHMAVARA CIRCLE
UDUPI DISTRICT-576 221.
Digitally REPRESENTED BY
signed by STATE PUBLIC PROSECUTOR
KAVYA R KARNATAKA HIGH COURT BUILDING
Location: BENGALURU-560 001.
High Court of ...RESPONDENT
Karnataka (BY SMT. RASHMI PATEL, H.C.G.P.)
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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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused No.7 in Sessions Case No.11/2019 pending
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.
2. Heard the learned counsel for the parties.
3. 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
present case. During the course of investigation,
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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
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.
4. 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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two other criminal cases registered against him petitioner
has already been acquitted, he accordingly prays to allow
the petition.
5. Per contra, learned HCGP, who has opposed the
petition, does not dispute the submission made by learned
counsel for the petitioner.
6. 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
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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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:
“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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7. 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.
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 :-
ORDER
The petition is allowed. The petitioner is directed to
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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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;
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;
c) The petitioner shall not directly or indirectly threaten
or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in
future;
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.
Sd/-
(S VISHWAJITH SHETTY)
JUDGE
NG
List No.: 1 Sl No.: 28
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