Santhosh Dhami v. State of Karnataka

NC:(2026:KHC:15098( CRL.P(No.(17587(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(13 (DAY(OF(MARCH,(2026(

BEFORE(

THE(HON'BLE(MR.(JUSTICE(MOHAMMAD(NAWAZ(

CRIMINAL(PETITION(NO.(17587(OF(2025((

(

BETWEEN:(( ( SANTHOSH,DHAMI,

S/O,RAJENDRA,DHAMI,,, AGED,ABOUT,26,YEARS,,, R/AT,NO.251,,,

RAMLEELA,APARTMENT,,, ST TH 1 ,CROSS,,12 ,MAIN,,, NRI,LAYOUT,,PHASE-2,,,

RAMAMURTHYNAGAR,,, BENGALURU-560,016., PETITIONER,

, (BY,SRI.,MANJUNATHAGOWDA,K.S.,,ADVOCATE), ,

AND:( ( Digitally signedtiby STATE,OF,KARNATAKA, LAKSHMI0T BY,SHO,RAMAMURTHY,NAGAR,P.S.,,, Location: High0Court BENGALURU., of0Karnataka REP,BY,STATE,PUBLIC,PROSECUTOR,,, HIGH,COURT,BUILDING,,, BENGALURU-560,001., …RESPONDENT, , (BY,SRI.,RAHUL,RAI,K.,,HCGP), , , THIS, CRL.P, IS, FILED, U/S, 439, CR.PC, (FILED, U/S, 483, BNSS),PRAYING,THAT,THE,ABOVE,PETITIONER/ACCUSED,NO.1, MAY,KINDLY,BE,ORDERED,TO,BE,RELEASED,ON,BAIL,IN,THE, S.C.NO.400/2023, OF, CRIME, NO.510/2022, REGISTERED, BY, RESPONDENT,RAMAMURTY,NAGAR,POLICE,STATION,FOR,THE,

OFFENCES PUNISHABLE UNDER SECTION 302 OF IPC PENDING BEFORE THE HON'BLE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-46) MAY BE ALLOWED.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Learned High Court Government Pleader accepts notice for respondent-State.

¶2This is a successive bail petition preferred by the petitioner praying to enlarge him on bail in SC No.400/2023 pending on the file of the Court of XLV Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No. 510/2022 of Ramurthynagar Police Station, Bengaluru City.

¶3The petitioner was unsuccessful in Crl.P.No.11838/2023 and Crl.P.No.10615/2025 filed before this Court praying to enlarge him on bail.

¶4While dismissing Crl.P.No.10615/2025, this Court has observed that since CW2 has not been examined, it is not a fit case to enlarge the petitioner on bail. However, reserved liberty to the petitioner to move for bail if the trial was not concluded within 4 months.

¶5The learned counsel for petitioner contended that even after expiry of 4 months from the date of disposal of the above petition, the trial is not concluded and even CW2 has not been secured by the trial Court. He submitted that there are 26 witnesses cited in the charge sheet and as of now only 4 witnesses are examined. He submits that the petitioner is in judicial custody from

30.11.2022 i.e., for more than 3 years 3 months and therefore, seeks to allow the petition and enlarge the petitioner on bail.

¶6The prayer for bail is opposed by the learned High Court Government Pleader contending that the trial is in progress and CW2 is a material witness and if the

petitioner is enlarged on bail, he may tamper the said witness. He further contended that the petitioner is a permanent resident of Nepal and therefore, if he is released on bail, he may abscond and in that case it will be difficult to secure his presence.

¶7The petitioner was given liberty to move for bail if the trial is not completed within 4 months, in the order passed by this Court dated 31.10.2025, while dismissing Crl.P.No.10615/2025. After dismissal of the said petition, the petitioner has not approached the Sessions Court seeking bail. It is not forthcoming as to why CW2 is not yet examined. Further, on the ground of delay in trial the petitioner has not approached the trial Court.

¶8It is submitted that the charges were framed on

28.08.2024. Hence, petitioner may be granted liberty to file a fresh petition before the Sessions Court on the ground of delay in trial. In that event, the bail application

shall be considered by the learned Sessions Judge in accordance with law, as expeditiously as possible.

With the above observation, the petition is disposed of.

No observations are made on the merits of the case.

Sd/- (MOHAMMAD NAWAZ) JUDGE

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