Criminal Petition No. 5508 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:20534 CRL.P No. 5508 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 5508 OF 2025 BETWEEN: HARSHITH, AGED ABOUT 25 YEARS, S/O LATE KITTU, R/O MAYIPADKA HOUSE, KUKKUJUADKA, AMARAPADNOOR VILLAGE AND POST, SULLIA TALUK, DAKSHINA KANNADA - 574 212. …PETITIONER (BY SRI. SHARADHI RAJ., ADVOCATE) AND:
Legal Reasoning
STATE OF KARNATAKA BY BY BELLARE PS, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGAOLORE - 560 001.
Legal Reasoning
(BY SRI.RANGASWAMY R., HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THE BAIL APPLICATION AND GRANT BAIL TO THE PETITIONER S.C.NO.5014/2024 ARISING OUT OF CR.NO.0026/2023 REGISTERED BY BELLARE POLICE STATION FOR THE ALLEGED OFFENCE P/U/S 447, 504, 323, 302 OF IPC ARRAIGNING THE PRESENT PETITIONER AS ACCUSED IN THE CHARGE SHEET, PENDING ON THE FILE OF THE HONBLE V ADDL. DIST. AND SESSIONS JUDGE, MANGALORE, SITTING AT PUTTUR, D.K. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:20534 CRL.P No. 5508 of 2025 HC-KAR CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.5014/2024 pending before the Court of V Additional District and Sessions Judge, Mangaluru sitting at Puttur, Dakshina Kannada District, arising out of Crime No.26/2023 registered by Bellare Police Station, Dakshina Kannada District, for offences punishable under Sections 447, 504, 323, 302 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.26/2023 was registered by Bellare Police Station, Dakshina Kannada District, initially for offences punishable under Sections 447, 504, 506, 324 and 307 of IPC, based on the first information dated 12.05.2023 received from Nithyananda K son of deceased Kittu. - 3 - NC: 2025:KHC:20534 CRL.P No. 5508 of 2025 HC-KAR 4. During the course of investigation of the case, petitioner herein was arrested on 12.05.2023 and subsequently remanded to judicial custody. It appears that injured Kittu had subsequently died in the hospital on 17.05.2023 and thereafter offence punishable under Section 302 of IPC was invoked in the present case. After completing investigation, charge sheet has been filed against petitioner for the aforesaid offences. Bail application filed by the petitioner before the trial Court in S.C.No.5014/2024 was rejected on 11.03.2025. Therefore, petitioner is before this Court. 5. Learned Counsel for the petitioner having reiterated the grounds urged in this petition has prayed to allow this petition. 6. Per contra, learned HCGP has opposed the petition, on the ground that they are eye-witnesses to the incident in question who are all relatives of accused. In the event, he is enlarged on bail, he is likely to tamper with - 4 - NC: 2025:KHC:20534 CRL.P No. 5508 of 2025 HC-KAR the material charge sheet witnesses. Accordingly, he prays to dismiss this petition. 7. First informant is the son of deceased Kittu. Deceased Kittu was married to Girija and it appears that the said marriage had failed and Kittu had divorced his first wife Girija. From the aforesaid wedlock, Kittu had two children and petitioner is the son of Kittu from his first wife Girija. After Kittu had divorced Girija, he had married Lakshmi and the first informant is the son born to Kittu from his second wife Lakshmi. In the first information, it is alleged that the house of Girija was situated near the house of Kittu and on 11.05.2023 at about 15:30 hours petitioner allegedly came near the house of Kittu and after quarreling with him, assaulted him with a wooden club which was lying nearby the house and thereafter had left the spot. Immediately thereafter, injured Kittu was shifted to a hospital in an ambulance. 8. In respect of the alleged incident that had taken place on 11.05.2023 at about 15:30 hours, first - 5 - NC: 2025:KHC:20534 CRL.P No. 5508 of 2025 HC-KAR information was belatedly submitted on 12.05.2023 at about 18:00 hours, which is after a delay of more than 26 hours. In the first information, it is stated that the younger sister of the first informant Bhavya and their neighbour Neelamma were eye-witnesses to the incident in question. Statement of Bhavya, who is the alleged eye-witness has been recorded in the present case on 19.05.2023, which is after a period of eight days from the date of incident and the statement of Neelamma, who is the another eye-witness has been recorded on 26.06.2023, which is after a period of more than one month from the date of alleged incident. 9. Undisputedly, petitioner has no criminal antecedents and it appears that there is a property dispute between two families. It is also not in dispute that petitioner had arrived at the spot of crime unarmed and it is only after he had quarreled with his father he alleged had assaulted him with a wooden club which was lying nearby. Investigation of the case is completed and charge - 6 - NC: 2025:KHC:20534 CRL.P No. 5508 of 2025 HC-KAR sheet has been filed. Trial in the case is yet to commence. Prosecution has in all cited 25 charge sheet witnesses in the present case and therefore, the chances of the trial
Decision
being completed and the case being disposed of on merits in the near future is very remote. Petitioner is aged about 25 years. He is the sole breadwinner of the family. Under the circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5014/2024 pending before the Court of V Additional District and Sessions Judge, Mangaluru sitting at Puttur, Dakshina Kannada District, arising out of Crime No.26/2023 registered by Bellare Police Station, Dakshina Kannada District, for offences punishable under Sections 447, 504, 323, 302 of IPC subject to the following conditions: - 7 - NC: 2025:KHC:20534 CRL.P No. 5508 of 2025 HC-KAR a) The 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 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 KVR List No.: 1 Sl No.: 56