Criminal Petition No. 12887 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3421 CRL.P No. 12887 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12887 OF 2024 BETWEEN: CHANDRASHEKAR T.N @ CHANDRU AGED ABOUT 31 YEARS, S/O. NANJAPPA R/O AT NO. GIRISH RENTED HOUSE, ABBAYYA REDDY LAYOUT, GAREBHAVIPALYA, BENGALURU - 560 068. PERMANENTLY R/O AT NO. TUVEKERI VILLAGE, YADIYURU HOBLI, KUNIGAL TALUK, TUMAKURU - 572 101. (BY SRI. PRASANNA RAO R, ADVOCATE) AND:
Legal Reasoning
STATE BY BEGURU P S REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …PETITIONER
Legal Reasoning
(BY SRI. RANGASWAMY R, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.267/2022 OF RESPONDENT BEGURU P.S., REGISTERED FOR ALLEGED OFFENCE P/US/ 201, 302 OF IPC 1860 PENDING ON THE FILE OF THE HONBLE XLV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-46) AT BENGALURU PENDING IN S.C.NO.359/2023. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:3421 CRL.P No. 12887 of 2024 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioner is the sole accused in Crime No.267/2022 registered at Beguru Police Station, Bangaluru City, for the offence punishable under Section 302 and 201 of IPC. 2. It is the case of prosecution that deceased Smt. Geetha Bayi was working in a garments shop in Bengaluru for about 9 years. About 5 months prior, she went to Goa and stayed in the house of her relative by name Kenchappa. On 21.10.2022, she returned to Bengaluru to collect the PF amount. On 22.10.2022, she stayed in the house of the accused, with whom she had illicit relationship. On 23.10.2022, at about 02:30 p.m., she left the house saying that she will be going to Garvebavi Palya. When she returned at 09:30 p.m., accused picked up quarrel with her, questioning as to why she has come so late. He fisted her and hit her head to the wall, due to which she collapsed instantly. In the morning - 3 - NC: 2025:KHC:3421 CRL.P No. 12887 of 2024 of 24.10.2022, as she was found dead, accused made a video call to CW.6-brother of the deceased and informed him about the incident. Since his brother did not come to the house, accused shifted the dead body and dumped it in a dilapidated house belonging to one Pilya Reddy, situated near his house. 3. It is the case of prosecution that accused committed the murder of Geetha Bayi by assaulting her and also hitting her head to the wall and then to cause disappearance of evidence, dumped the dead body in a dilapidated house, situated near his house. 4. Learned High Court Government Pleader has contended that CW.12-Vijayamma, is a witness who has last seen the deceased in the company of the accused and also speak about the accused informing her that the deceased was un-well on 24.10.2022 at about 10:40 a.m. Further, CW.6, brother of the deceased has given statement that accused has made video call and informed him that his sister is dead. He further contended that - 4 - NC: 2025:KHC:3421 CRL.P No. 12887 of 2024 mobile phone belonging to the deceased has been recovered at the instance of the accused, apart from two more mobile phones of the accused, hence, there are sufficient material against the petitioner. He contended that the offence committed is heinous in nature and therefore, accused is not entitled for the relief of bail. 5. Learned counsel for petitioner has contended that there are no eye witnesses to the incident, entire case is based on circumstantial evidence. The last seen theory is not acceptable, since CW.12 has stated that she saw the deceased and the accused together two days prior to the incident in question. He contended that the petitioner has been falsely implicated in this case and he is languishing in judicial custody for more than two years and three months. Therefore, sought to allow the petition. 6. According to prosecution, the incident took place in the house of the accused. It is alleged, accused after quarreling with the deceased, fisted her and hit her head to the wall and he went to sleep in the night. He was - 5 - NC: 2025:KHC:3421 CRL.P No. 12887 of 2024 not aware till morning that the deceased had died. Only in the morning when he woke up, he saw the deceased still lying in the hall and then came to know that the deceased was dead. 7. Cause of death is due to head injury, as per post mortem report. There are no eye witnesses to the incident. Prosecution is relying on the circumstantial evidence. Even accepting the case of prosecution, the accused, did not use any weapon. On the other hand, it is the case of prosecution that he fisted the deceased after questioning her as to why she came late to the house. He then pushed and hit her head to the wall, on account of which, deceased collapsed and died. 8. From the above material on record, at this stage, it cannot be held prima-facie that there was intention on the part of the accused to commit the murder. He was arrested on 28.10.2022 and in judicial custody, for more than two years two months. He is a permanent resident of, Kunigal Taluq, Tumakuru. He has no criminal - 6 - NC: 2025:KHC:3421 CRL.P No. 12887 of 2024 antecedents. Prosecution has to establish its case against the petitioner in a full fledged trial. Investigation is completed and charge sheet is filed. 9. Considering the above facts and circumstances, the relief sought by the petitioner can be granted by imposing suitable conditions. Accordingly, the following: OREDER i) Petition is allowed. ii) Petitioner / accused in Crime No.267/2022 of Beguru Police Station, Bengaluru City, pending in S.C.No.359/2023 on the file of XLV Additional City Civil and Sessions Judge at Bengaluru shall be enlarged on bail subject to following conditions: a) Petitioner shall execute a bond in 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) He shall furnish proof of his residential address and shall inform the - 7 - NC: 2025:KHC:3421 CRL.P No. 12887 of 2024 Investigation Officer/Court, if there is any change in the address. c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) He shall not tamper with the prosecution witnesses either directly or indirectly. e) He shall appear before the trial Court on all dates of hearing without fail. 10. Observations made in this order shall not influence the trial of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 23 CT: BHK