Abu Sulaiman Mandal & Anr. vs The State Of Karnataka

Accused Nos.1 and 2 in SC No.1119/2023 pending before the Court of LXIV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.135/2023 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Sections 302 and 34 of IPC, are before this Court in this successive bail application field under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.135/2023 was registered by Yelahanka Police Station, Bengaluru, for the aforesaid offences against petitioners herein based on the first information dated 30.03.2023 received from Hemalatha W/o Nagendra Prasad. During the course of investigation of the said case, petitioners were arrested on 13.04.2023 and remanded to judicial custody. Their bail application filed before the Trial Court was rejected and therefore, they had approached this Court in Crl.P.No.6723/2024 and 6555/2024, which was dismissed as withdrawn on 24.10.2024 with liberty to the petitioners to file a fresh bail petition after PW1 to PW7 are cross-examined before the Trial Court. Subsequently, petitioners had approached this Court in Crl.P.No.14272/2025, which was dismissed as withdrawn on 03.02.2026 with liberty to file a fresh bail application after PW1 to PW7 are cross-examined before the Trial Court. It is under these circumstances, petitioners are before this Court in this successive bail application.

Learned counsel for the petitioners submits that petitioners, who do not have any criminal antecedents are in custody for the last more than three years. PW1 to PW7 are cross-examined. He, accordingly, prays to allow the petition.

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

Perusal of the material on record would go to show that accused Nos.1 and 2 and deceased Janardhan Bhat were working in a company known as Yunix Digital Solutions India Pvt. Ltd. The management of the Company had provided accommodation to accused Nos.1 and 2 and Janardhan Bhat in Sai Samruddi Apartments within the jurisdiction of Yelahanka Police Station, Bengaluru. On 30.03.2023 at about 12.30 a.m. accused Nos.1 and 2 had quarreled with Janardhan Bhat with regard to parking of his motorbike. CW9 and CW10 had intervened and pacified the parties. Since, Janardhan had assaulted accused No.1 in front of CW9 and CW10, accused Nos.1 and 2 decided to eliminate him. Subsequently at about 01.00 a.m., accused Nos.1 and 2 went inside the room of Janardhan and assaulted him. When he fell down, accused No.2 caught hold of his legs and accused No.1 with the help of electric wire strangulated his neck and committed his murder.

The entire case of the prosecution is based on circumstantial evidence. Petitioners, who do not have criminal antecedents are in custody for the last more than three years. Out of 39 charge sheet witnesses cited in the present case, only 7 charge sheet witnesses are examined as PW1 to PW7 and they are now completely cross-examined. Considering the stage and progress of trial, the chances of the trial being completed and the case being disposed off in the near future is very remote. Since material charge sheet witnesses are already examined, there cannot be any apprehension that petitioners may tamper with the material charge sheet witnesses. Considering the aforesaid aspects of the matter more so, the period of the petitioners' incarceration, the following order:-

The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.1119/2023 pending before the Court of LXIV Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.135/2023 registered by Yelahanka Police Station, Bengaluru, for the offences punishable under Sections 302 and 34 of IPC, subject to the following conditions: