Criminal Petition No. 12731 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12731 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: KIRAN @ CHITTI S/O NAGARAJA, AGED ABOUT 23 YEARS, R/AT NEAR ANGANAWADI, NAGANNANAPALYA, SIRA GATE, TUMAKURU-572 106. (BY SRI. GIREESHA R.J., ADVOCATE FOR SRI. PRASHANTH KUMAR K.B., ADVOCATE) AND: …PETITIONER Digitally signed by LAKSHMI T Location: High Court of Karnataka STATE OF KARNATAKA BY KORA PS, TUMAKURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. …RESPONDENT
Legal Reasoning
(BY SRI. HARISH GANAPATI, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN FOR ALLEGED CR.NO.39/2024 AND S.C.NO.135/2024 OFFENCES FOR PUNISHABLE UNDER SECTIONS 201, 120B, 202, 435, 302 R/W 34 OF IPC REGISTERED BY KORA P.S., NOW PENDING ON THE FILE OF THE III ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU. - 2 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS, THIS DAY, PRONOUNCED THE FOLLOWING: DATE OF RESERVED THE ORDER : 24.02.2025 DATE OF PRONOUNCEMENT OF THE ORDER : 05.03.2025 CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ CAV ORDER This petition is preferred by accused No.7 in S.C.No.135/2024, on the file of the Court of III Additional District and Sessions Judge, Tumkuru, praying to enlarge him on bail. 2. Heard the arguments of the learned counsel for petitioner, learned HCGP for the State and perused the material on record. 3. Brief facts:- On 22.03.2024 at 1.15 p.m., on receiving an information from Tumkuru Rural CPI that one Nagaraju working in a JCB has discovered a burnt car with three dead bodies in kuchangi lake, the complainant – PSI, Kora Police Station, Tumkuru went to the spot along with PC 664-Chetan Kumar and found a completely burnt S- - 3 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 Presso Car in the dried up lake surrounded by bushes. Inside the Car, three completely burnt human bodies were found, making it impossible to determine their gender. It was suspected that some miscreants brought the victims and burnt the Car and body by pouring petrol or some other fuel. Based on the registration number (KA-43-N- 1571) the registered owner of the car was identified as one Rafiq, Belthangadi, D.K. District. On enquiry he informed that about 13 days prior, one Isak had borrowed the car along with his friend sahul. 4. A case in Crime No.39/2024 was registered at Kora Police Station against unknown persons for the offence punishable under Section 302 and 201 of IPC. 5. In the course of investigation, accused were arrested and their voluntary statements were recorded. Incriminating articles were recovered at their instance. On completion of investigation, charge sheet was filed against accused Nos.1 to 8. - 4 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 6. Petitioner was arrested on 25.03.2024. He is arraigned as accused No.7 in the charge sheet. His bail petition was rejected by the learned Sessions Judge in Crl.Misc No.1192/2024 vide order dated 10.09.2024. 7. Briefly stated, it is the case of prosecution that accused No.1 deceitfully induced the victims, siddique, Siman Mohiddin Isak and Sahul Hameed to invest Rs.8,00,000/- by promising them to retrieve a valuable hidden treasure. He showed photographs and videos of the purported treasure on his mobile phone. In the month of September – November 2023, he brought a Ganesha idol from Kadrinarasimhaswamy Temple of Huluvangala Village and an ancient Shivalinga from a dilapidated Naga temple situated in Satyamangala, Tumkuru apprising the deceased that they contain diamonds, but no treasure was found in the idols. Since the deceased started demanding accused No.1 to return their money and also threatened to lodge a complaint, accused No.1 along with accused No.2 and his associates, accused Nos.3 to 8 conspired to - 5 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 eliminate the deceased. Accused No.1 promised them that he will settle their lives by giving them 3 Kgs of gold . 8. It is the further case of prosecution that on the night of 21.03.2024, accused armed themselves with lethal weapons travelled in different vehicles and at about 12.30 a.m., on 22.03.2024 accused No.1 called the three deceased and asked them to come near Beranakallu Betta. When the deceased came in the car (KA-43-N-1571) the accused held them and assaulted with the weapons they were carrying and committed triple murder. 9. Learned counsel for petitioner has contended that the petitioner is innocent of the alleged offence and he is falsely implicated in this case. FIR is registered against unknown persons and on the statement of the co- accused he has been arraigned as an accused without any material against him. There are no eye witnesses to the incident. There is no motive for the petitioner to commit the offence. Entire case is based on circumstantial evidence. The prosecution has created a fictitious story - 6 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 that even the petitioner is involved in the offence. There are no allegations in the charge sheet that petitioner was armed with any weapon and there are no overt acts attributed against him. 10. Learned counsel further contended that the petitioner is in judicial custody since 25.03.2024. He is the only bread earner of his family. There are 108 witnesses cited in the charge sheet, hence, conclusion of trial will take a long time. He contended that petitioner has no criminal antecedents and he is ready to abide by any conditions which may be imposed by the Court. Accordingly, he has sought to enlarge the petitioner on bail. 11. Per contra, learned HCGP has contended that this is a case where three persons are brutally murdered and burnt. Petitioner was not only a conspirator but actively participated in the commission of offence. He along with accused No.3 has gone to the spot on a two wheeler bearing No.KA-06-HN-4275. There is recovery of - 7 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 a dagger, bike, mobile phones of the deceased, at the instance of the petitioner. Further, pieces of half burnt clothes, slippers and sim cards are also recovered. He contended that the offence committed by the accused is heinous in nature and therefore, the petitioner is not entitle for bail. 12. The Hon’ble Apex Court has held in catena of decisions the criteria for granting or refusing bail. The relevant considerations the Courts have to keep in mind while disposing of a bail petition are (i) seriousness of the offence; (ii) character of the evidence and circumstances which are peculiar to the accused; (iii) likelihood of the accused fleeing from justice; (iv) the impact that his release may make on the prosecution witnesses, its impact on the society; and (v) likelihood of his tampering the witnesses. 13. This is a case of triple murder, wherein the deceased were induced by accused No.1 that he will retrieve valuable hidden treasure and received - 8 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 Rs.8,00,000/- from them. Since he could not get any treasure, deceased started demanding to return the amount paid by them and also threatened to lodge a complaint with the police. Hence, accused No.1 conspired with other accused persons to eliminate them and in furtherance of the conspiracy hatched, they secured the three deceased near Beranakallu Betta and attacked them with deadly weapon like dagger, chopper and long. It is alleged that after committing the murder, the three dead bodies were dumped in the dicky of the car and the car along with the dead bodies was burnt near Kuchangi lake. The accused are alleged to have burnt the blood stained clothes and washed the weapons, in order to destroy evidence. The mobile phones of the deceased, the weapons and the two wheelers were then concealed. 14. After the arrest, the mobile phones of the deceased, a dagger and the two wheeler have been recovered at the instance of petitioner. Petitioner/accused No.7 has gone to the spot along with accused No.3 on his - 9 - NC: 2025:KHC:9350 CRL.P No. 12731 of 2024 motorcycle bearing No.KA-06-HN-4275, as per the conspiracy hatched. He was present at the spot when the incident took place. As per CCTV footages, petitioner was seen along with other accused at one Veerabhadreshwara Deluxe Wine shop on 20.03.2024 at about 10.45 p.m. The prosecution has collected the CCTV footages and stored in a pen drive. The pieces of half burnt clothes of the accused is recovered at the instance of the petitioner. There are prima facie materials showing the complicity of the petitioner. The offence committed being grave in nature and considering the evidence collected against the petitioner, this Court is of the considered view that this is not a fit case to enlarge the petitioner on bail. Petition is Dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 1 Ct:ar