RAVI R @ CHINNAPA GARDEN RAVI vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61708
CRL.P No. 15413 of 2026
CNR: KAHC010683462026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 15413 OF 2026
BETWEEN:
RAVI R @ CHINNAPA GARDEN RAVI
S/O RANGASWAMY
AGED ABOUT 37 YEARS
R/A NO.38, 3RD CROSS
OPP. MARAPPA GARDEN
BENSON TOWN, BANGALORE - 560 046.
…PETITIONER
(BY SRI HANUMANTHARAYA C.H, ADV.)
AND:
STATE OF KARNATAKA
REP. BY KORAMANGALA P.S
REPRESENTED BY STATE PUBLIC
PROSECUTOR, KARNATAKA HIGH
COURT BUILDING, AMBEDKAR VEEDHI
BANGALORE - 560 001.
…RESPONDENT
Digitally signed
by NANDINI D
Location: HIGH
COURT OF
KARNATAKA
(BY SRI RAHUL RAI K, HCGP)
THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN
S.C.NO.1416/2021 ARISING OUT OF CRIME NO.156/2021 OF
KORAMANGALA P.S., DATED 19.07.2021 NOW PENDING ON THE FILE
OF THE HONBLE 68th ADDL CITY CIVIL AND SESSIONS BENGALURU
FOR THE OFFENCE P/SU/ 302,307,143,145,147,148,120-B,201,35,37
R/W SEC.149 OF IPC 1860 AND SEC.25(1)(1-B),27(3) OF ARMS ACT
1959.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
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CRL.P No. 15413 of 2026
CNR: KAHC010683462026
ORAL ORDER
1. Accused no.1 in S.C.No.1416/2021 pending before the
Court of LXVIII Addl. City Civil & Sessions Judge, Bengaluru,
arising out of Crime No.156/2021 registered by Koramangala
Police Station, Bengaluru City, for the offences punishable
under Sections 302, 307, 143, 145, 147, 148, 120B, 201, 35,
37 read with 149 IPC and Sections 25(1)(1-B), 27(3) of Arms
Act, 1959, is before this Court in this successive bail petition
filed under Section 483 of BNSS, 2023, seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.156/2021 was registered by
Koramangala Police Station, Bengaluru City, for the offences
punishable under Sections 143, 145, 147, 148, 120B, 307, 302,
149 IPC, against nine named persons and others based on the
first information dated 19.07.2021 received from Smt. Jennifer
- wife of deceased Joseph Babu. During the course of
investigation of the said case, petitioner herein was arrested on
24.07.2021 and subsequently remanded to judicial custody. His
bail application filed before the Trial Court was earlier rejected,
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and therefore, he had approached this Court in
Crl.P.No.3636/2026, which was dismissed as withdrawn with
liberty to the petitioner to file a fresh regular bail application
before the Trial Court. Subsequently, petitioner had filed a
fresh bail application before the Trial Court in
S.C.No.1416/2021, which was dismissed on 16.09.2026.
Therefore, he is before this Court in this successive bail petition
seeking regular bail.
4. CW-1 - Smt. Jennifer who is the wife of deceased Joseph
Babu is an eye-witness to the incident in question.
Undisputedly, petitioner's name is not found in the FIR. During
the course of investigation, based on credible information,
accused nos.1 and 4 were apprehended by the police and since
the said accused tried to assault the police with weapons when
an attempt was made to apprehend them, PSI - Puttaswamy -
CW-88 after warning the accused persons had fired bullet from
his service revolver on the left leg of the petitioner and as a
result, he had suffered grievous injury on his leg. In respect of
the said incident, a separate case was registered in Begur
Police Station, in Crime No.143/2021 as against accused no.1
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and accused no.4 - Pradeep @ Chotte. Subsequently, the
injured accused were admitted in the hospital and it appears
that thereafter petitioner was arrested on 24.07.2021 and
produced before the Court and remanded to judicial custody.
After completing investigation, charge sheet has been filed in
the present case as against 11 persons. Petitioner is arrayed as
accused no.1 in the charge sheet.
5. According to the prosecution, accused persons had
enemity with deceased Joseph Babu, and therefore, they had
conspired to commit his murder, and in furtherance of such
conspiracy, on 19.07.2021, they had followed Joseph Babu who
had gone to Union Bank along with his wife - CW-1, and
thereafter, assaulted him and committed his murder. As per the
charge sheet allegations, accused nos.1 to 3 are the assailants
who had assaulted Joseph Babu with deadly weapons and also
had entered the bank after Joseph Babu ran inside the bank,
and assaulted him inside the bank with deadly weapons and
committed his murder. The other accused persons allegedly
had conspired with accused nos.1 to 3 to commit the murder
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and they were all outside the bank keeping a watch when
accused nos.1 to 3 assaulted Joseph Babu.
6. CW-1 to 3 and CW-15 to 20 are the alleged eye-
witnesses in the present case. CW-1 to 3 have been examined
as PW-1 to 3 and CW-15 to 20 who are the officials of the bank
present inside the bank when accused nos.1 to 3 assaulted
Joseph Babu with weapons, are examined as PW-11 to 15. The
prosecution, in all, has cited 111 charge-sheet witnesses in the
present case. Charges were framed against the accused in the
present case in S.C.No.1416/2021 by the Trial Court on
09.03.2023. As on this date, out of the 111 charge-sheet
witnesses, only 15 charge-sheet witnesses have been examined
as PW-1 to 15. Except the assailants - accused nos.1 to 3, all
the other accused persons have been granted bail in the
present case. Accused no.4 was granted regular bail by this
Court in Crl.P.No.5302/2026 and accused no.6 was granted
regular bail by this Court in Crl.P.No.8207/2026, both disposed
of on 14.07.2026. Accused nos.5 & 7 were granted regular bail
by this Court in Crl.P.No.280/2026 disposed of on 25.03.2026.
Accused nos.8 to 10 have been granted regular bail by the
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Coordinate bench of this Court in Crl.P.No.1984/2023 and
Crl.P.No.2039/2023 disposed of on 08.12.2023. Accused no.11
has been granted regular by the Coordinate bench of this Court
in Crl.P.No.15099/2025 disposed of on 12.01.2026.
7. A perusal of the charge sheet would go to show that at
the instance of the petitioner, no recovery has been made by
the Investigation Officer during the course of investigation.
According to the learned Counsel for the petitioner, PW-11 to
15 who are the bank officials present at the spot of crime on
the alleged date of incident, have all stated that assailants had
covered their face with mask, and therefore, they were not in a
position to identify the assailants. Learned HCGP has not
seriously disputed the said submission made by the learned
Counsel for the petitioner.
8. Be that as it may, the fact remains that all the alleged
eye-witnesses viz., PW-1 to 3 & PW-11 to 15 have been
examined in the present case. Since material charge-sheet
witnesses are now examined, there cannot be any
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apprehension that petitioner may tamper with the said
prosecution witnesses.
9. It is brought to the notice of this Court that prior to the
registration of the present case, petitioner was involved in
three other cases and out of the same, in two cases he has
been already acquitted and in the other case, he has been
granted bail.
10. Out of 111 charge-sheet witnesses cited in the present
case, as on this date, only 15 witnesses have been examined as
PW-1 to 15. A perusal of the order sheet of the Trial Court
would go to show that PW-15 was examined before the Trial
Court on 25.03.2026. Thereafter, for the last seven months,
not even a single witness has been examined before the Trial
Court, and the order sheet would reveal that the prosecution
has failed to keep witnesses present before the Trial Court.
11. From the aforesaid, it appears that chances of the trial
being completed and the case being disposed of in the near
soon on merits is very remote. Petitioner is in custody in the
present case for the last more than five years. Except accused
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nos.1 to 3, all the other accused have been granted bail in the
present case.
12. The Hon'ble Supreme Court in the case of SAHIL MANOJ
MACHARE V. THE STATE OF MAHARASHTRA - (2026) SCC
ONLINE SC 810,
wherein the accused was in custody for the
almost four years and though charges were framed, witnesses
were not examined by the Trial Court, has granted regular bail
to the accused solely on the ground of his incarceration. Similar
view has been taken by the Hon'ble Supreme Court in the case
SADDAM HUSSAIN M.K & others V. THE UNION OF INDIA
of -
SLP(Crl.)No.2717 of 2025 dated 19.05.2025 .
Javed Gulam Nabi Shaikh v. State of
13. In the case of
Maharashtra and Another - 2024 SCC OnLine SC 1693
at
paragraph No.19, the Hon'ble Supreme Court 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
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for bail on the ground that the crime committed is
serious. Article 21 of the Constitution applies
irrespective of the nature of the crime".
14. In view of the aforesaid aspects of the matter, I am of
the opinion that the prayer made by the petitioner for grant of
regular bail needs to be answered affirmatively considering the
period of his incarceration, without expressing any opinion on
the merits/demerits of the case. Accordingly, the following
order:
15. Criminal petition is allowed. Petitioner is directed to be
enlarged on bail in S.C.No.1416/2021 pending before the Court
of LXVIII Addl. City Civil & Sessions Judge, Bengaluru, arising
out of Crime No.156/2021 registered by Koramangala Police
Station, Bengaluru City, for the offences punishable under
Sections 302, 307, 143, 145, 147, 148, 120B, 201, 35, 37 read
with 149 IPC and Sections 25(1)(1-B), 27(3) of Arms Act,
1959, subject to the following conditions:
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;
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
KK