Karnataka High Court
Sri Chandra Shekar @ Chandu @ Chintu vs The State Of Karnataka on 7 July, 2025
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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CRL.P No. 13211 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.13211 OF 2024
BETWEEN:
1. SRI. CHANDRA SHEKAR @ CHANDU @ CHINTU
S/O GOPI
AGED ABOUT 21 YEARS
R/AT NO.137, 10TH MAIN
'F' CROSS, SHAKTHI GARDEN
KALYANA NAGARA, NAGARABHAVI
BENGALURU-560 040.
...PETITIONER
(BY SRI. NARAYANASWAMY K.N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
KEMPAPURA AGRAHARA POLICE STATION
Digitally REP. BY:- STATE PUBLIC PROSECUTOR
signed by
GEETHA P G HIGH COURT OF KARNATAKA
Location: HIGH COURT BUILDINGS
HIGH COURT BENGALURU-560 001.
OF ...RESPONDENT
KARNATAKA
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL
UNDER SECTION 439 OF Cr.P.C. IN (CRIME NO.42/2022)
S.C.NO.1207/2022 OF KEMPAPURA AGRAHARA POLICE
STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
143, 144, 147, 148, 120-B, 302, 323, 504 R/W SECTION 149
OF IPC PENDING ON THE FILE OF THE LXIV ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE (CCH-65) AT BENGALURU.
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CRL.P No. 13211 of 2024
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THIS 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.1 in S.C.No.1207/2022 pending before
the Court of LXIV Additional City Civil and Sessions Judge,
Bengaluru arising out of Crime No.42/2022 registered by
Kempapura Agrahara Police Station, Bengaluru for
offences punishable under Sections 143, 144, 147, 148,
120(B), 302, 323, 504 read with 149 of IPC is before this
Court in the successive bail application filed under Section
439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. F.I.R. in Crime No.42/2022 was registered by
Kempapura Agraha Police Station, Benglauru initially for
offence punishable under Section 302 read with 34 of IPC
against one Surya and others based on the first
information dated 11.03.2022 received from Lakshmikant,
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friend of deceased Thomas. During the course of
investigation, petitioner herein is arrested on 18.03.2022
and remanded to judicial custody. After completion of the
investigation, chargesheet has been filed against eight
persons and petitioner herein is arrayed as accused No.1
in the chargesheet. His bail application filed before the
jurisdictional Sessions Court was rejected and therefore,
he approached this Court in Crl.P.No.12576/2022 which
was dismissed as withdrawn on 06.03.2023 with liberty to
the petitioner to file a fresh petition after examination of
all the eye witnesses was completed before the trial Court.
It is under these circumstances, the petitioner is before
this Court in the successive bail application.
4. Learned counsel for the petitioner submits that
C.Ws.1 and 6 to 10 are the eye witnesses to the incident
in question. All the eye witnesses have been examined
before the trial Court and they have turned hostile to the
case of prosecution. Petitioner is aged about 21 years and
he has no criminal antecedents. He is in judicial custody
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for the last more than three years. Accordingly, he prays
to allow the petition.
5. Per contra, Learned High Court Government
Pleader who has opposed the petition does not dispute the
submissions made by the learned counsel for the
petitioner.
6. F.I.R. in the present case was initially registered
against two named persons and others. C.W.1-
Lakshmikant is an eye witness to the incident in question.
Petitioner’s name is not found in the F.I.R. During the
course of investigation, petitioner was arrested on
18.03.2022 and after completion of the investigation,
chargesheet has been filed against eight persons. In the
chargesheet, petitioner is arrayed as accused No.1. C.Ws.1
and 6 to 10 are the alleged eye witnesses to the incident
in question that had taken place on 11.03.2022. The
allegation against the petitioner is that he had stabbed the
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deceased Thomas with a dragger on his back and also on
his right thigh.
7. Out of the 44 chargesheet witnesses cited in
the present case, till date 09 chargesheet witnesses have
been examined by the prosecution as PWs.1 to 9. It is
brought to the notice of this Court that all the alleged eye
witnesses namely C.Ws.1 and 6 to 10 have already been
examined before the trial Court. Learned counsel for the
petitioner submits that the alleged eye witnesses including
the injured eye witness C.W.8 have turned hostile to the
case of prosecution. Be that as it may, fact remains that
all the material chargesheet witnesses including the
alleged eye witness have already been examined before
the trial Court. Therefore, there cannot be any
apprehension that the petitioner may tamper with the
material chargesheet witnesses. Petitioner is aged about
21 years having no criminal antecedents. He is in judicial
custody for last more than three years. Out of the 44
chargesheet witnesses cited in the present case, only 09
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chargesheet witnesses have been examined. Therefore,
the chances of the trial being completed and the case
being disposed of on merits in the near future is very
remote. Under the circumstances, I am of the view that
without expressing any opinion on merits and demerits of
the case, prayer made by the petitioner for grant of
regular bail needs to be answered affirmatively solely
considering the period of his incarceration. Accordingly,
the following:-
ORDER
The petition is allowed. The petitioner is directed to
be enlarged on bail in Crime No.42/2022 of Kempapura
Agrahara Police Station, Bengaluru registered for the
offences punishable under Sections 143, 144, 147, 148,
120(B), 302, 323, 504 read with Section 149 of IPC,
subject to the following conditions:
a) Petitioner shall execute 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;
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
PGG
List No.: 1 Sl No.: 60
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