Criminal Petition No. 3803 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14359 CRL.P No. 3803 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3803 OF 2025 BETWEEN: 1. AKRAM BABU @ BABA AGED ABOUT 28 YEARS S/O. LATE MOHAMMED ALI SATHANUR CIRCLE ANANDAPURA STRET CHANNAPATNA TOWN CHANNAPATNA TALUK RAMANAGARA DISTRICT. 2. SYED APSAR @ APSAR AGED ABOUT 20 YEARS S/O. LATE BABJAN SATHANUR CIRCLE ANANDAPURA STREET CHANNAPATNA TOWN CHANNAPATNA TALUK RAMANAGARA DISTRICT. (BY SRI SANDESH CHOUTA, SR. COUNSEL FOR SRI RAGHAVENDRA K, ADV.) …PETITIONERS AND:
Facts
STATE OF KARNATAKA BY THE STATION HOUSE OFFICER RAMANAGARA RURAL POLICE STATION RAMANAGARA, REPRESENTED BY THE SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.
Legal Reasoning
been granted regular by this Court in Crl.P.No.11438/2024 and - 4 - NC: 2025:KHC:14359 CRL.P No. 3803 of 2025 Crl.P.No.7137/2023 respectively. Trial in the case is yet to commence. Accordingly, he prays to allow the petition. 5. Per contra, learned Addl. SPP who has opposed the petition submits that CW 1 to CW 4 are the eye witnesses to the incident in question and presence of the petitioners who are the friends of accused No.1, at the spot of crime has been spoken to by the eye witnesses. There are specific allegations of overt act against the petitioners and in the event, they are enlarged on bail, they may tamper with the prosecution witnesses. Accordingly, she prays to dismiss the petition. 6. FIR in the present case was submitted by Nagaraju (CW1), who is the father of deceased Ashwath. As per the averments found in the first information Ashwath had married CW2 Sahana on 17.02.2023 against the wishes of her family members. Accused No.1 is the brother of Sahana and accused No.5 is her mother. On 11.04.2023, Ashwath and Sahana had gone out on a two wheeler bearing registration No.KA42/X5634 and the first informant and his wife Smt. Sudha (CW4) were following them in another two wheeler. At about 1.45 p.m., about five persons including accused No.1/Bharath came in two - 5 - NC: 2025:KHC:14359 CRL.P No. 3803 of 2025 motor bikes and after committing the murder of Ashwath, escaped from the spot. Immediately, first informant and his wife went near the body of their son, who had already died by then. First informant has not named the petitioners in his first information and he has referred that friends of accused No.1/Bharath were present along with accused No.1 and all of them had assaulted deceased with deadly weapons. 7. Sahana/CW2, who is the injured eye witness has also not identified petitioners herein. Accused No.1, who was named in the FIR was arrested on 12.04.2023. Based on his confession statement, accused Nos.2 and 3, who are his friends were also subsequently arrested on the very same day. Thereafter, statement of CW1 and CW2 was recorded by police under Section 161 of Cr.P.C. Perusal of the said statement would also go to show that petitioners, who were arrested were shown to CW2 in the police station and petitioners were identified by CW1 and CW2 in the police station as assailants of Ashwath. In the statement of CW2 that was recorded under Section 164 Cr.P.C. subsequently, she has not named the petitioners but she has only stated that two muslim boys were also present along with her brother/accused No.1 and they all had assaulted - 6 - NC: 2025:KHC:14359 CRL.P No. 3803 of 2025 her husband Ashwath and committed his murder. Undisputedly, no test identification parade has been held in the present case in the manner known to law. Petitioners, who were arrested based on the statement of accused No.1, were shown to the alleged eye witnesses in the police station and it is only in the police station, the alleged eye witnesses have identified the petitioners as the assailants present along with accused No.1/Bharath. 8. A perusal of the first information would go to show that physical features of the assailants, who are said to be friends of accused No.1 also is not mentioned. It is also not mentioned in the first information that the first informant had seen the said persons, who are said to be friends of accused No.1 and he would be in a position to identify them in the event they are shown to him. Accused Nos.4 and 5 have been granted regular by this Court in Crl.P.No.11438/2024 and Crl.P.No.7137/2023 respectively. Undisputedly, petitioners do not have any criminal antecedents. They are in custody for the last more than two years. The trial in the case is yet to commence and it is brought to the notice of this Court that the case before the Trial Court is at the stage of 'hearing before charge'. The prosecution has in - 7 - NC: 2025:KHC:14359 CRL.P No. 3803 of 2025 all cited 64 charge sheet witnesses in the present case and therefore, chances of trial being completed and the case being disposed of on merits in the near soon is very remote. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioners, who have no other criminal antecedents, for grant of regular bail, needs to be answered affirmatively, subject to appropriate conditions. Accordingly, the following order:- 9.
Arguments
(BY SMT. PUSHPALATHA B, ADD. SPP) …RESPONDENT Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14359 CRL.P No. 3803 of 2025 THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ORDER THEIR ENLARGEMENT ON BAIL IN RELATION TO THE CASE IN SC.NO.71/2023 (CR.NO.103/2023) REGISTERED AT RAMANAGARA RURAL P.S., FOR THE OFFENCES P/U/S 143,120(B),341,307,302,114 R/W 34 OF IPC, PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused Nos.2 and 3 in SC No.71/2023 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.103/2023 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 120B, 341, 307, 302, 114 and 34 of IPC, are before this Court in this successive bail application filed under Section 439 of Cr.P.C. seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.103/2023 was registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 120B, 341, 307, 302, 114 and 149 of IPC, against Bharath and others based on the first information dated 11.04.2023 received from Nagaraju S/o late Byraiah, who is - 3 - NC: 2025:KHC:14359 CRL.P No. 3803 of 2025 the father of deceased Ashwath. During the course of investigation, petitioners herein were arrested on 12.04.2023 and subsequently, remanded to judicial custody. After completion of investigation, charge sheet has been filed against five persons and petitioners are arraigned as accused Nos.2 and 3 in the charge sheet. Their bail application filed before the Trial Court was rejected and therefore, they had approached this Court in Crl.P.No.6120/2024, which was dismissed as withdrawn on 09.09.2024. Thereafter, petitioners had filed Crl.Misc.No.131/2025 before the Trial Court which was dismissed on 28.02.2025. Therefore, they are before this Court. 4. Learned Senior counsel for the petitioners submits that petitioners are youngsters aged about 28 years and 20 years respectively having no criminal antecedents. Their names are not found in the FIR. Based on the confession statement of accused No.1, they were arrested and arraigned as accused in the present case. No test identification parade was held in the present case and the petitioners were identified by the alleged eye witnesses in the police station. Accused Nos.4 and 5 have
Decision
The petition is allowed. The petitioners are directed to be enlarged on bail in SC No.71/2023 pending before the Court of III Addl. District and Sessions Judge, Ramanagara, arising out of Crime No.103/2023 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 120B, 341, 307, 302, 114 and 34 of IPC, subject to the following conditions: a) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless - 8 - NC: 2025:KHC:14359 CRL.P No. 3803 of 2025 the Trial Court exempts their appearance for valid reasons; c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioners shall not involve in similar offences in future; e) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE DN