Sri Chethan Kumar B @ Chethu vs State Of Karnataka

Accused no.1 in S.C.No.5005 of 2024 pending before the Court of V Addl. District & Sessions Judge, Dakshina Kannada, Mangaluru District (Sitting at Puttur), arising out of Crime No.106/2023 registered by Puttur Town Police Station, Dakshina Kannada District, for the offences punishable under Sections 341, 506, 504, 307 & 302 read with 34 of IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.106/2023 was registered by Puttur Town Police Station for the aforesaid offences against Chethan and others based on the first information dated 07.11.2023 received from Sri Vikhyath B, who is the alleged witness in the present case. During the course of investigation, petitioner was arrested on 07.11.2023 and remanded to judicial custody. His bail application filed before the Trial Court was rejected, and therefore, he had earlier approached this Court in Crl.P.No.2656/2025 which was disposed of with liberty to the petitioner to file a fresh bail application before the Trial Court, after examination of the alleged eye-witnesses viz., CW-1 & CW2 is completed before the Trial Court. Subsequently, petitioner had filed a fresh bail application before the Trial Court in S.C.No.5005/2024 which was dismissed on 23.04.2026. Therefore, he is before this Court.

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, the petitioner is a person without any criminal antecedents. He is in custody for the last 2 years 9 months. CW1 and CW2 are now examined. Accordingly, he prays to allow the petition.

Per contra, learned HCGP who has opposed the petition submits that, petitioner is one of the assailants and CW1 and CW2 who are the eye-witnesses have supported the case of the prosecution. Accordingly, he prays to dismiss the petition.

FIR was registered against one Chethan and others, based on the first information dated 07.11.2023 received from CW-1, Vikhyath B, who is the injured eye-witness in the present case. In the first information, it is alleged that on 06.11.2023 at about 09.00 p.m., when deceased Akshay Kallega was standing near a Beeda shop, at Nehru Nagar in Puttur along with CW-1 and CW-2, a bike dashed against a boy and as a result the boy had suffered injuries. Immediately, CW-1, CW-2 and the deceased shifted the injured boy to Mahaveera Hospital at Puttur and thereafter, asked the bike rider to pay the bill in the hospital. It is alleged that the rider of the bike spoke to his friends Chethan and Manish, who are arrayed as accused nos.1 & 2 in the present case, and thereafter, accused nos.1 & 2 allegedly informed the deceased over phone that the hospital bill will not be paid by them. Thereafter, CW-1 had paid the hospital bill and they had returned home.

Subsequently, Akshay Kallega appears to have spoken to accused nos.1 & 2 once again over phone and asked them to come near his house, and therefore, accused persons came to the house of deceased at about 11.30 p.m. on 06.11.2023 and in the alleged incident that took place thereafter they had assaulted him with deadly weapons and committed his murder. CW-1 and CW-2 who were along with deceased, allegedly managed to escape when the assailants were assaulting Akshay Kallega who succumbed to the injures at the spot and it is under these circumstances, FIR was registered against four persons in Crime No.106/2023.

Petitioner's earlier bail petition in Crl.P.No.2656/2025 was disposed of by this Court with liberty to the petitioner to renew his bail application before the Trial Court after CW-1 and CW-2 who are the alleged witnesses, are examined. CW-1 and CW-2 are now examined before the Trial Court as PW-1 & PW-2. Out of the 55 charge sheet witnesses cited in the present case, as on this date, only two charge sheet witnesses are examined. Therefore, the chances of the trial being completed and the case being disposed of on merits in the near future is very remote.

In the case of Javed Gulam Nabi Shaikh v. State of Maharashtra and Another - 2024 SCC OnLine SC 1693 at paragraph No.19, the Hon'ble Supreme Court has observed as follows:

It is not in dispute that petitioner has no other criminal antecedents. He is in custody in the present case for the last 2 years 9 months. It is trite that the accused cannot be detained in custody as a preventive or punitive measure. Since the material charge sheet witnesses are now examined, there cannot be any apprehension that petitioner may tamper with said witnesses.

Considering the aforesaid aspects of the matter, more so, the period of petitioner's incarceration, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:

Criminal petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5005 of 2024 pending before the Court of V Addl. District & Sessions Judge, Dakshina Kannada, Mangaluru District (Sitting at Puttur), arising out of Crime No.106/2023 registered by Puttur Town Police Station, Dakshina Kannada District, for the offences punishable under Sections 341, 506, 504, 307 & 302 read with 34 of IPC, subject to the following conditions: