SRI. KARIAPPA N.A., ADVOCATE) v. (BY SMT. RASHMI PATEL, HCGP)

Digitally signed by SWAPNA V Location: high court of karnataka (BY SRI. HASHMATH PASHA, SR. ADVOCATE SRI. KARIAPPA N.A., ADVOCATE) …PETITIONER AND: STATE OF KARNATAKA BY KUNDAPURA POLICE STATION UDUPI DISTRICT - 574 111 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001) (BY SMT. RASHMI PATEL, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN CRIME NO.111/2023 OF KUNDAPURA POLICE STATION, UDUPI DISTRICT WHICH IS PENDING IN S.C.NO.505/2024 ON THE FILE OF THE HONBLE ADDL. DISTRICT AND SESSIONS JUDGE, UDUPI - 2 - NC: 2025:KHC:4121 CRL.P No. 706 of 2025 SITTING AT KUNDAPURA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 504,302 READ WITH SECTION 34 OF IPC. THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner being accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.111 of 2023 of Kundapura Police Station, pending in SC No.505 of 2024 on the file of the learned Additional District and Sessions Judge, Udupi sitting at Kundapura, registered for the offences punishable under Sections 504, 302 read with Section 34 of Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informant Chandra Amin.

Heard Sri Hashmath Pasha, learned senior advocate for Sri N A Kariappa, learned counsel for the petitioner and Smt Rashmi Patel, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: - 3 - NC: 2025:KHC:4121 CRL.P No. 706 of 2025 “Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Negative’ for the following: R E A S O N S

The petitioner being accused No.1 is before this Court seeking grant of bail. He was apprehended on

05.10.2023 and since then he is in judicial custody. One of the eyewitness to the incident has lodged the first information alleging commission of offences punishable under Sections 504, 307 read with Section 34 of IPC. After the death of the injured, Section 302 of IPC is invoked in the charge sheet.

It is alleged that accused have picked up quarrel with the deceased, abused him in filthy language, taking advantage of the situation where the car in which the accused were proceeding had touched the hind portion of the car in which the deceased was proceeding. The accused have chased and overtaken his car and started quarrelling with him. During altercation, accused No.2 caught hold of the deceased, while accused No1 stabbed him with a knife on his right thigh. - 4 - NC: 2025:KHC:4121 CRL.P No. 706 of 2025 Immediately, he was shifted to Chinmaya Hospital, Kundapur and thereafter, shifted to KMC hospital, Manipal, where he breathed his last, on the next day.

The wound certificate discloses that the injured had sustained stab injury measuring 2.5 X 1 cm muscle deep with tailing upwards was present over the front of right thigh, situated at a point, 20 cm above right knee joint, which was grievous in nature. The injured died on 02.10.2023 and as per the post mortem report, he died due to haemorrhage, secondary to complications of stab injury to the thigh.

Earlier, the petitioner - accused No.1 had approached this Court seeking bail by filing Criminal Petition No.4529 of 2024. The said petition came to be dismissed vide order dated 23.09.2024, considering the cause of death mentioned in the postmortem report and the conduct of the petitioner in chasing the deceased, stabbing him with a knife on his right thigh taking advantage of his own wrong, as the car driven by the accused had hit the hind portion of the car in which the deceased was proceeding. CW1 who was a passerby took the injured to the hospital and filed the first information. It is stated that CWs.3 and 4 are the eye witnesses to the - 5 - NC: 2025:KHC:4121 CRL.P No. 706 of 2025 incident. If the petitioner is enlarged on bail at this stage, the eye witnesses may dissuaded from deposing before the Court.