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Kiran Shetty @ Bombay Kiran @ Gunda vs State Of Karnataka

Karnataka High Court · Decided on 29 May 2026 · Citation: (2026) 05 KAR CK 0869

HON’BLE JUDGES
R. Nataraj, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 302
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 7172 Of 2026 (439(Cr.PC) / 483(BNSS))
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Judgment

14 paragraphs · 419 words

R. Nataraj, J

1.

This petition is filed by the petitioner seeking enlargement on bail in S.C.No.270/2017 pending trial before the VII Additional District and Sessions Judge, Mysuru for the offence punishable under Section 302 of IPC.

2.

The only ground on which the petitioner is pursuing this petition is that there is an inordinate delay in conclusion of the trial and that the petitioner has been in custody since the last ten years.

3.

The learned counsel for the petitioner contends that all the eyewitnesses have been examined and it is only a few official witnesses who are yet to be examined and therefore, prays that there is no need to continue the judicial custody of the petitioner.

4.

The learned High Court Government Pleader does not dispute the fact that all the relevant eyewitnesses have been examined and that the petitioner is in custody since the date of commission of the offence i.e., 10.11.2016.

5.

In that view of the matter and in view of the judgment of the Hon'ble Apex Court in Union of India vs. K.A. Najeeb [(2021) 3 SCC 713], the petitioner is entitled to bail. Consequently, the following order is passed.

ORDER

The petition is allowed. The petitioner is ordered to be released on bail in S.C.No.270/2017 pending trial before the VII Additional District and Sessions Judge, Mysuru for the offence punishable under Section 302 of IPC, subject to the following conditions:

i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) and furnish a solvent surety for the likesum and to the satisfaction of the Trial Court.

ii. He shall appear before the Court on all dates of hearing unless exempted by the Court.

iii. He shall not commit any offence similar to the offence of which he is accused or suspected of commission of which he is suspected.

iv. He shall not, directly or indirectly, threaten the prosecution witnesses in any manner whatsoever. He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

v. He shall not leave the jurisdiction of the Court without obtaining its permission and shall surrender his passport if he has one.

In the event of violation of any of the above conditions, it is open for the Investigating Officer / prosecution to seek for cancellation of the bail.