Criminal Petition No. 7072 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 7072 OF 2025 BETWEEN: 1. SMT. RENUKA W/O SIDDARAMAPPA AGED ABOUT 38 YEARS OCC HOUSEHOLD WORK R/O GOUDAHANUMAYYANA BEEDI TARIKERE TOWN, CHIKKAMAGALURU DISTRICT - 577 228. (IN THE ORDER COPY ADDRESS IS MENTIONED AS R/O HANUMAYYANA BEEDI) 2. SIDARAMAPPA W/O LATE VEERABHADRAPPA AGED ABOUT 50 YEARS OCC AGRICULTURIST R/O GOWDAHANUMAYYANA BEEDI TARIKERE TOWN, CHIKKAMAGALURU DISTRICT - 577 228, PERMANENT AT CHIRANAHALLI VILLAGE, SHIVANI HOBLI AJJAMPURA TALUK, CHIKMAGALURU DISTRICT - 577 547. 3. SMT. SUDHA W/O SHIVANNA AGED ABOUT 45 YEARS OCC HOUSEHOLD WORK R/O CHIKKAMARADI VILLAGE HASUDI VILLAGE, SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 222. 4. SHIVANNA D.L S/O LATE NINGAPPA AGED ABOUT 50 YEARS OCC AGRICULTURIST
Legal Reasoning
Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR R/O CHIKKAMARADI VILLAGE HASUDI VILLAGE, SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT - 577 222 (IN THE ORDER COPY NAME IS MENTIONED AS SHIVANNA AND ADDRESS IS MENTIONED AS CHIFKKAMARADI VILLAGE SHIVANI HOBLI, AJJAMPURA TALUK)
Legal Reasoning
5. SRINIVASA B.S S/O SANNATHIMAMIAH AGED ABOUT 47 YEARS OCC AGRICULTURIST R/O OLD AJAMPURA ROAD BACKSIDE OF ANTHRAGHATTAMMA TEMPLE BIRUR TOWN, KADUR TALUK CHIKKAMAGALURU DISTICT - 577 548. 6. SMT. SUMA W/O SRINVIASA (IN THE CHARGE SHEET HUSBAND'S NAME IS MENTIONED AS SHIVANNA WHICH IS TYPOGRAPHICAL ERROR) AGED ABOUT 40 YEARS OCC HOUSEHOLD WORK R/O AJJAMPURA ROAD BIRUR TOWN, KADUR TALUK CHIKKAMAGALURU DISTRICT - 577 548. (BY SRI RAVINDRA B. DESHPANDE, ADV.) AND: THE STATE OF KARNATAKA BY TARIKERE TOWN POLICE STATION TARIKERE SUB DIVISION CHIKKAMAGALURU DISTRICT - 577 228 (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU - 560 001) (BY SMT. WAHEEDA M.M, HCGP) …PETITIONERS …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME - 3 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR NO.183/2024 OF TARIKERE TOWN POLICE STATION, TARIKERE SUB- DIVISION, CHIKKAMAGALURU DISTRICT (CHARGE SHEETED FOR THE OFENCES P/U/S 189(3), 189(4), 191(2), 191(3), 61(2), 332(B), 332(C), 103, 333, 238, 49 R/W 190 BNS-2023 (CORRESPONDING PROVISIONS : SECTION 145, 144, 147, 148, 120(B), 450, 451, 302, 452, 201, 109 R/W 149 IPC) NOW PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL.JMFC TARIKERE, CHIKKAMAGALURU DISTRICT PENDING THE TRIAL. 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.1 to 6 in Crime No.183/2024 registered by Tarikere Town Police Station, Chikkamagaluru District, for the offences punishable under Sections 189(3), 189(4), 191(2), 191(3), 61(2), 332(b), 332(c), 103, 333, 238, 49 read with 190 of BNS, 2023, are before this Court under Section 483 of BNSS, 2023, seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.183/2024 was registered by Tarikere Town Police Station, Chikkamagaluru District, initially for the offences punishable under Sections 189(2), 191(2), 191(3), 118(1), 103, 61(2), 190 of BNS, 2023, against the petitioners herein based on the first information dated 22.08.2024 - 4 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR received from Shankar.T., S/o Eshwarappa. During the course of investigation, accused nos.1, 2, 3, & 6 were arrested on 22.08.2024 and accused nos.4 & 5 were arrested on 14.10.2024. After completing investigation, charge sheet has been filed against six persons and bail application filed by the petitioners who are arrayed as accused nos.1 to 6 in the charge sheet had filed Crl. Misc. No.20/2025 before the jurisdictional Sessions Court, was rejected on 11.02.2025. Therefore, they are before this Court. 4. Learned Counsel for the petitioners submits that there is no eye-witness to the alleged incident and only based on the voluntary statement of the arrested accused, overt acts have been attributed to them. Accused nos.1, 3 & 6 are the sisters of the deceased and the other accused persons are the brothers- in-law of the deceased. Undisputedly, there is a civil dispute between the family members and it is under these circumstances, all the family members have been implicated in the criminal case. Investigation of the case is already completed, and accordingly, he prays to allow the petition. - 5 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR 5. Per contra, learned HCGP has opposed the petition. She submits that there are witnesses who have seen the accused persons near the house of the deceased on the alleged date of incident. Accused persons had a strong motive to commit the murder. Accordingly, she prays to dismiss the petition. 6. Perusal of the material on record would go to show that petitioners had a dispute with the deceased with regard to certain family property and the allegation in the first information is that in the background of the civil dispute between the parties, accused persons had arrived near the house of the deceased on the early morning of 22.08.2024 and had assaulted him and committed his murder. 7. In the first information which is submitted by the friend of the deceased, it is found that he was informed by Anitha - CW- 11 at about 6.45 a.m. on 22.08.2024 that there was a quarrel near the house of deceased Raghavendra and immediately thereafter, when the first informant went near the house, he found the accused persons outside the house and they allegedly informed him that they had committed the murder of Raghavendra. Subsequently, the first informant called the - 6 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR police and in the meanwhile accused persons allegedly escaped from the spot of crime. Thereafter, the first informant entered into the house of Raghavendra and found his dead body. During the course of investigation, all the accused persons were arrested. After completing the investigation, charge sheet has been filed. 8. As per the charge sheet allegations, accused no.6 had instigated accused nos.1 to 5 to commit the murder of Raghavendra and in furtherance of such conspiracy, accused nos.1 to 5 had arrived near the house of the deceased on 22.08.2025 and at about 6.45 a.m., they had gained entry to the house. Raghavendra was allegedly sleeping on a cot inside the house and accused no.4 allegedly threw chilly powder on the face of Raghavendra and when Raghavendra raised a cry, accused no.2 assaulted Raghavendra with a wooden club and accused no.1 assaulted Raghavendra with a machete. Accused no.4 also assaulted Raghavendra with a sickle and committed his murder. Accused no.3 who was present along with the other accused persons was holding chilly powder in a plastic cover. As per the charge sheet allegations, accused no.6 was not at the - 7 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR spot of crime and the only allegation against her is that she had conspired and instigated the other accused persons to commit the murder of Raghavendra. However, in the first information, even she was named by the first informant, and therefore, a serious doubt arises with regard to the correctness of the allegations found in the first information. 9. Undisputedly, there is no eye-witness to the alleged incident in question. The overt acts are attributed to the accused persons based on their confession statement. Petitioners do not have criminal antecedents. Accused nos.1, 2, 3 & 6 are in custody for the past 10 months and accused nos.4 & 5 are in custody for the last more than eight months. Investigation in the case is completed and charge sheet has been filed. The entire case of the prosecution is based on circumstantial evidence. Accused nos.1, 3 & 6 are married ladies and the other accused persons are their respective husband. Under the circumstances, I am of the opinion that petitioners' prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order: - 8 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR
Decision
10. The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.183/2024 registered by Tarikere Town Police Station, Chikkamagaluru District, for the offences punishable under Sections 189(3), 189(4), 191(2), 191(3), 61(2), 332(b), 332(c), 103, 333, 238, 49 read with 190 of BNS, 2023, subject to the following conditions: a) Petitioners shall execute 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 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 - 9 - NC: 2025:KHC:21067 CRL.P No. 7072 of 2025 HC-KAR the said Court until the case registered against them is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KK