Criminal Petition No. 12319 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:12277 CRL.P No. 12319 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12319 OF 2024 BETWEEN: SRI. ESHAN KURESHI S/O HAJI KURESHI, AGED ABOUT 25 YEARS, BILAL MASZID ROAD, KUSHALANAGAR EXTENSION, SAKALESHPURA TOWN, HASSAN DISTRICT - 573 221.
Legal Reasoning
(BY SRI. SHIVARAMU H.C., ADVOCATE FOR SMT. SUNITHA A H.,ADVOCATE) …PETITIONER AND: STATE BY SAKALESHPURA TOWN POLICE SAKALESHAPURA HASSAN DISTRICT-573 221 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER IN S.C.NO.185/2022 OFFENE P/US/ 120B, 323, 324, 504, 307, 302 R/W SEC. 34 OF IPC, TOWN POLICE, SAKLESHAPURA, ON THE FILE OF PRL. DIST. AND SESSIONS JUDGE AT HASSAN Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:12277 CRL.P No. 12319 of 2024 AND DIRECT RELEASE OF THE PETITIONER ON BAIL ON SUCH CONDITIONS THAT MAY BE IMPOSED BY THIS HONBLE COURT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a second successive bail petition preferred by petitioner/accused No.1 before this Court, praying to enlarge him on bail in S.C.No.185/2022, pending on the file of Court of Principal District and Sessions Judge, Hassan arising out of Crime No.46/2022 of Sakleshpura Town Police Station. 2. Heard the learned counsel for petitioner, learned High Court Government Pleader for State and perused the material on record. 3. Petitioner/accused No.1 along with other accused persons are facing trial for the offences punishable under Sections 302, 323, 504, 120-B read with Section 149 of IPC for committing the murder of one Mohammed Apsar Pasha on 17.03.2022 at about 11.00 a.m. by stabbing him with a knife on his chest. 4. It is contended by the learned counsel for the petitioner that there are contradiction in the statements of the - 3 - NC: 2025:KHC:12277 CRL.P No. 12319 of 2024 witnesses, which goes to the root of the prosecution case. As per prosecution, there was enemity between the deceased and accused and therefore, false implication of the petitioner is not ruled out. The charge sheet is already filed in this case, petitioner is languishing in judicial custody since 18.03.2022. There are many witnesses cited in the charge sheet and therefore, the conclusion of trial may take long period. 5. Learned counsel further contended that as per inquest mahazar report, the allegations are that the petitioner has stabbed the deceased on his back, whereas the charge sheet allegations are that he has stabbed the deceased on the chest. Witnesses have given contradictory statements saying that petitioner has stabbed the deceased on his abdomen. Therefore, in view of the serious discrepancies in the prosecution case and enmity between the two families, petitioner being falsely implicated in the case is not ruled out. He submitted that petitioner is ready and willing to abide any conditions and accordingly seeks for allowing of the petition. 6. Learned High Court Government Pleader appearing for respondent-State has opposed the prayer for bail contending that C.W-3 to C.W-10 are the eye witnesses and the trial has - 4 - NC: 2025:KHC:12277 CRL.P No. 12319 of 2024 already begun and as of now C.W-1 to C.W.4 and C.W.6 have been examined. She contended that witnesses have supported the case of prosecution. It is further contended that there are prime-facie materials against the petitioner and the witnesses have categorically stated that the petitioner/accused No.1 has stabbed the deceased, therefore he is not entitled for the relief of bail. 7. This Court in Crl.P.No.2029/2023, has already considered the entire facts and circumstances of the case and after assigning reasons dismissed the said petition vide order dated 14.07.2023. This Court has observed that the petitioner was carrying a knife at the time of incident and he stabbed the deceased on his chest, which is the vital part of the body. Even the inconsistency pointed out by the learned counsel was considered in the previous petition and it is observed that at this stage the inconsistency is not fatal to the prosecution. 8. As per the post mortem report, the following external injuries are noticed on the dead body: '' External injuries: 1). Sutured wound measuring 4cm in length is present over the upper part of left side of abdomen placed 15cm from midline, 2cm above the umbilicus. After removing the sutures it is an obliquely placed stab injury. The margins are further clean cut. Both ends are sharp. On - 5 - NC: 2025:KHC:12277 CRL.P No. 12319 of 2024 dissection, it is observed that the weapon after cutting the skin, subcutaneous and the 6th costal cartilage (where it measures 1cm x 0.5cm) has entered the thoracic cavity, piercing the apex of the heart where it measures 2 x 0.2cm and entered the left ventricle and interventricular septum. The weapon is directed backwards, upwards and towards right. The pericardial sac contains blood clots of 250ml. Blood and blood clots (~600 ml) are present between the diaphragm and the stomach. The injury track is filled with blood and blood clots. 2). Stab wound measuring 4 X 0.34 cm in and muscle deep is placed over the back of lower part of left side of abdomen 5 cm from midline, 3cm below the umbilicus. The margins are clean cut. Both ends are sharp. 3). injury measuring 1 x 1cm x scalp deep is present over the right side of top of head. 4). Abrasion measuring 1 x 0.5cm is present over the left knee.. '' irregularly cut incised 9. Cause of death is due to cardiac failure as a result of chest stab injuries sustained. 10. The eye witnesses have stated that, the petitioner has stabbed the deceased and therefore, there is a prime-facie case against the petitioner for having committed an offence punishable with death or imprisonment for life. Since trial is in progress and some of the eye witnesses are yet to be examined, this is not a fit case to enlarge the petitioner on bail. Petition is accordingly dismissed. - 6 - NC: 2025:KHC:12277 CRL.P No. 12319 of 2024 11. Liberty is reserved to the petitioner to revive his application for bail before the Sessions Court after the examination of all the material witnesses. Sd/- (MOHAMMAD NAWAZ) JUDGE RL List No.: 1 Sl No.: 8