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Judgment
Mohammad Nawaz, J
This is a successive bail petition filed by accused No.1 praying to enlarge him on bail in Crime No.196/2020 registered at Kadugodi Police Station, which is now pending in SC.No.29/2021 on the file of the Court of VI Additional District and Sessions Judge at Bengaluru Rural District.
Petitioner/accused No.1 along with accused No.2 is facing trial for offences punishable under Section 302, 341, 120B r/w 34 of IPC. By an order dated 20.09.2021 passed in criminal petition No.4731/2021, this Court enlarged the petitioner on bail for a period of 3 months. Thereafter, petitioner is said to have surrendered before the Court and he is in judicial custody.
The present petition is filed to enlarge the petitioner on bail on the ground of delay in trial. It is contended by the learned counsel for petitioner that there are about 50 witnesses cited in the charge sheet and only 5 witnesses are examined so far and petitioner is languishing in custody.
Both accused Nos.1 and 2 are in custody. Considering the nature and gravity of the offence, this Court in Criminal Petition No.2968/2021 by an order dated 19.07.2021 has rejected the prayer of accused No.2 for bail.
The learned High Court Government Pleader submits that within a reasonable period, the prosecution will try to conclude the trial by examining the material witnesses.
According to prosecution, both the accused have stabbed the deceased by name Rajesh with knife all over his body and committed his murder. As per Post Mortem Report, death is due to multiple injuries sustained. There are about 15 injuries sustained. Admittedly, the trial is in progress. Hence, at this stage it is not proper to release the petitioner on bail since, tampering the prosecution witnesses by the petitioner is not ruled out. Considering the nature of crime committed and the punishment prescribed, incarceration undergone is also not a ground to enlarge the petitioner on bail. However, considering that the petitioner is in judicial custody, the learned Sessions Judge is directed to expedite the trial. If the trial is not concluded within four months, petitioner is at liberty to move for bail afresh.
With the above observation, petition is dismissed.
Copy of this order shall be communicated to the trial Court.