Criminal Petition No. 1098 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14007 CRL.P No. 1098 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1098 OF 2025 BETWEEN: SRI. KRISHNA ALIAS DODDAMANE, S/O MADAPPA ALIAS KAKUMA, AGED ABOUT 26 YEARS, R/O 9TH CROSS, SUNNADAKERI, NEAR SIDDAPPA CHOWK, MYSURU - 571 602. (BY SRI. PREREET JAIN, ADVOCATE FOR SRI. P. MAHESHA, ADVOCATE) AND: …PETITIONER
Legal Reasoning
Digitally signed by KAVYA R Location: High Court of Karnataka STATE OF KARNATAKA BY MYSORE SOUTH POLICE STATION, (REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 01) …RESPONDENT
Legal Reasoning
(BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BALL TO THE PETITIONER IN CONNECTION WITH SC NO 185/2024 (ARISING OUT OF CRIME NO 94/2024 OF MYSORE SOUTH POLICE STATION) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS - 2 - NC: 2025:KHC:14007 CRL.P No. 1098 of 2025 302 AND 504 OF THE INDIAN PENAL CODE, PENDING ON THE FILE OF V ADDITIONAL SESSIONS JUDGE, MYSURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.185/2024 pending before the Court of V Addl. Sessions Judge, Mysuru, arising out of Crime No.94/2024 registered by Mysuru South Police Station, Mysuru, for the offences punishable under Sections 302 and 504 of IPC, is before this Court under Section 439 of Cr.P.C., seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.94/2024 was registered by the Mysuru South Police Station, for the aforesaid offences against the petitioner herein, based on the first information report dated 18.04.2024 received from one Ningaraju, elder brother of deceased Krishna @ Honnavalli. During the course of investigation, petitioner - 3 - NC: 2025:KHC:14007 CRL.P No. 1098 of 2025 herein was arrested on 18.04.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Petitioner's bail application filed before the trial Court in S.C.No.185/2024 was rejected on 12.11.2024. Therefore, he is before this court. 4. Learned Counsel for the petitioner submits that petitioner is youngster having no criminal antecedents. The incident in question has taken place in a spur of the moment after the deceased who was drunk spoke ill of petitioner's wife. The petitioner had no motive or intention to commit the murder of the deceased. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP who has opposed the bail petition submits that C.W.2 to C.W.4 are the eyewitnesses to the incident in question. Death of Krishna @ Honnavall is caused as a result of stab injury caused by - 4 - NC: 2025:KHC:14007 CRL.P No. 1098 of 2025 the petitioner. Accordingly, he prays to dismiss the petition. 6. Perusal of the material on record would go to show that petitioner is married to C.W.24 Smt.Aishwarya, who is the daughter of C.W.22 and C.W.23. It appears that there was a dispute between the petitioner and his wife and therefore, his wife had taken shelter in her parents' house. On 18.04.2024, at about 2.30 A.M., petitioner came in a motor bike bearing registration No.KA-55-X- 5517 to the house of his in-laws and asked them to send his wife along with him. However, in-laws of the petitioner had refused to send his wife and thereafter, at about 4.45 A.M., petitioner came near the tea shop of C.W.2-Nagaraj. Deceased Krishna @ Honnavalli who had consumed alcohol was sitting near the tea shop of C.W.2- Nagaraj. He allegedly spoke ill of the petitioner and his wife and also teased him for marrying C.W.24. The Petitioner who got enraged, took out the knife which was kept in his motor bike and allegedly stabbed Krishna @ - 5 - NC: 2025:KHC:14007 CRL.P No. 1098 of 2025 Honnavalli who suffered grievous injuries and ran away from the said spot and thereafter collapsed at a distance and succumbed to the injuries sustained. C.W.2 to C.W.4 are alleged eyewitnesses to the incident in question. 7. From the allegations found in the charge sheet, it is apparent that petitioner had no ill will or vengeance against the deceased Krishna @ Honnavalli and he had come near the tea shop of C.W.2-Nagaraj, after his in-laws C.Ws.22 & 23 had refused to send his wife along with him. It is only after deceased Krishna spoke ill of the petitioner and his wife and teased him with reference to his marriage, petitioner had assaulted him with a knife. Therefore, it appears that incident has taken place in a spur of the moment after the deceased who had consumed alcohol had spoken ill of the petitioner and his wife. Undisputedly, petitioner has no other criminal antecedents. The post mortem report of the deceased would go to show that deceased had consumed alcohol. The petitioner is in custody for the last nearly one year. - 6 - NC: 2025:KHC:14007 CRL.P No. 1098 of 2025 The prosecution has cited 45 charge sheet witnesses in the present case and before the trial Court, the charge is yet to be framed. Considering the aforesaid aspects of the matter, I am of the opinion that petitioner's request for grant of regular bail is required to be answered in the affirmative. 8. Accordingly, the following:
Decision
ORDER The Criminal Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.94/2024 registered by Mysuru South Police Station, Mysuru, for the offences punishable under Sections 302 and 504 of IPC, subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court - 7 - NC: 2025:KHC:14007 CRL.P No. 1098 of 2025 unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE YN List No.: 1 Sl No.: 34 CT: BHK