Criminal Petition No. 12955 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:214 CRL.P No. 12955 of 2024 C/W CRL.P No. 13063 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12955 OF 2024 C/W CRIMINAL PETITION NO. 13063 OF 2024 IN CRL.P No. 12955/2024 BETWEEN: SRI. SUNIL KUMAR, S/O LATE PUNDALIKA, AGED ABOUT 31 YEARS, R/AT NEAR ARALIMARA, 1ST CROSS, PIPELINE PARK, T. DASHARAHALLI, NAGASANDRA POST, BENGALURU. Digitally signed by LAKSHMI T Location: High Court of Karnataka PERMANENT ADDRESS: R/AT NO. 3/164, MALAGHANA VILLAGE, KALGURTHI POST, CHITHAPURA TALUK, KALABURAGI DISTRICT - 585 312. …PETITIONER
Legal Reasoning
(BY SRI. SHIVASWAMY, ADVOCATE) AND: THE STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE, NELAMANGALA, BENGALURU DISTRICT, REPRESENTED BY: STATE PUBLIC PROSECUTOR, - 2 - NC: 2025:KHC:214 CRL.P No. 12955 of 2024 C/W CRL.P No. 13063 of 2024 HIGH COURT COMPLEX, BENGALURU - 560 009. (BY SRI. RANGASWAMY R, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS PETITION BY GRANTING BAIL IN FAVOUR OF THE PETITIONER AND DIRECT THE HONBLE TRIAL COURT TO RELEASE HIM ON BAIL WHO IS 2ND ACCUSED IN CR.NO.236/2024 REGISTERED BY THE NELAMANGALA RURAL POLICE NELAMANGALA FOR THE ALLEGED OFFENCE UNDER SEC.103 R/W 3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT NELAMANGALA BENGALURU RURAL DISTRICT IN CR.NO.236/2024 UNDER SEC.103 R/W 3(5) OF BNS 2023 ON ANY REASONABLE CONDITIONS UNDER THE FACTS AND CIRCUMSTANCES. IN CRL.P NO. 13063/2024 BETWEEN: SRI. BOJALINGA, S/O ANEPPA, AGED ABOUT 20 YEARS, R/AT NEAR ANJANEYASWAMY TEMPLE, NEAR METRO STATION, T. DASHARAHALLI, BENGALURU CITY. PERMANENT ADDRESS: R/AT MALAGANA VILLAGE, KALGURTHI POST, CHITHAPURA TALUK, KALABURAGI DISTRICT - 585 312. - 3 - NC: 2025:KHC:214 CRL.P No. 12955 of 2024 C/W CRL.P No. 13063 of 2024 ...PETITIONER (BY SRI. SHIVASWAMY, ADVOCATE) AND: THE STATE OF KARNATAKA BY NELAMANGALA RURAL POLICE, NELAMANGALA, BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 009. ...RESPONDENT (BY SRI. RANGASWAMY R, HCGP) THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNSS) OF CR.P.C PRAYING TO ALLOW THIS PETITION BY GRANTING BAIL IN FAVOUR OF THE PETITIONER AND DIRECT THE HONBLE TRIAL COURT TO RELEASE HIM ON REGULAR BAIL WHO IS ACCUSED NO.3 IN CR.NO.236/2024 REGISTERED BY THE NELAMANGALA RURAL POLICE, NELAMANGALA FOR THE ALLEGED OFFENCE P/US/ 103 R/W SEC.3(5) OF BNS 2023 WHICH IS PENDING ON THE FILE OF THE HONBLE PRINCIPAL CIVIL JUDGE (Jr.Dn.) AND JMFC AT NELAMANGALA BENGALURU RURAL DISTRICT IN CR.NO.236/2024 U/S.103 R/W SEC.3(5) OF BNS 2023. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ - 4 - NC: 2025:KHC:214 CRL.P No. 12955 of 2024 C/W CRL.P No. 13063 of 2024 COMMON ORAL ORDER These two petitions arise out of Crime No.236/2024 of Nelamangala Rural Police Station. Petitioners are accused Nos.2 and 3 respectively. They have preferred these petitions under Section 483 of the BNSS, 2023 to enlarge them on bail. 2. The aforementioned FIR came to be registered on a complaint lodged by one Manjunatha son of Channigappa, on the basis of which case was registered against the driver of a bolero pickup vehicle bearing registration number No.KA-04-AC-4112 and two others, for the offence punishable under Section 103 and 3(5) of the BNS 2023. On completion of investigation charge sheet has been filed. 3. Heard both sides and perused the material on record. 4. The case of prosecution is that on 02.09.2024, at about 08:30 p.m., deceased-Mahesh, driver of a tipper - 5 - NC: 2025:KHC:214 CRL.P No. 12955 of 2024 C/W CRL.P No. 13063 of 2024 bearing registration number KA-52-C-2053 after unloading the jelly at Nelamangala town jelllyard was returning in the said vehicle. At about 10:45 p.m., he stopped his vehicle at Mallarabanavadi cross, near one green park daba. Accused No.1 who was driving a bolero pickup vehicle bearing registration No.KA-04-AC-4112, while taking reverse, caused damage to the tipper vehicle. When the deceased Mahesh questioned him, accused No.1 and accused Nos.2 & 3 who were along with him picked up quarrel and abused and assaulted him with hands. Accused No.1 took an iron pipe which was in the pickup vehicle and assaulted him on his head, on account of which he sustained fatal injuries. 5. As per post mortem report, cause of death is due to shock consequent to extensive head injury. The victim was initially shifted to J.P. hospital in Nelamangala wherein he was given first aid treatment and thereafter, at about 04:00 a.m., on 03.09.2024 he was brought back to his house. Once again at about 07:00 a.m. he was taken - 6 - NC: 2025:KHC:214 CRL.P No. 12955 of 2024 C/W CRL.P No. 13063 of 2024 to one Samraksha hospital in Honnaganahalli wherein, the doctor after examining declared him dead. 6. The first informant who is none other than the cleaner of the tipper vehicle is an eye witness to the incident. A perusal of the complaint shows that it was accused No.1 who assaulted the deceased with an iron pipe, consequent to which he sustained grievous injuries to his head and succumbed to the said injury. The allegation against the petitioners who are arraigned as accused Nos.2 and 3 are that they have abused the deceased and also assaulted him with hands etc. There is no allegation against them that they were armed with weapons or assaulted the deceased with any dangerous weapons. The entire episode appears to have taken place in a sudden quarrel where accused No.1 while taking his vehicle in the reverse direction, caused damage to the vehicle of the deceased. A quarrel ensued between accused No.1 and deceased and in the said quarrel, accused No.1 is alleged to have brought an iron pipe from - 7 - NC: 2025:KHC:214 CRL.P No. 12955 of 2024 C/W CRL.P No. 13063 of 2024 the bolero pickup vehicle which he was driving and assaulted the deceased on his head. At his stage, no intention can be attributed to these petitioners that they have shared common intention along with accused No.1 to commit any such offence that led to the death of the deceased. Petitioners have no criminal antecedents. The investigation is completed and charge sheet is also filed. Hence, by imposing suitable conditions, petitioners can be admitted to bail. Accordingly, the following:
Decision
ORDER i) Petitions are allowed. ii) Both the petitioners / accused Nos.2 and 3 in Crime No.236/2024 of Nelamangala Rural Police Station, shall be enlarged on bail subject to following conditions: a) Petitioners shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court. - 8 - NC: 2025:KHC:214 CRL.P No. 12955 of 2024 C/W CRL.P No. 13063 of 2024 b) They shall furnish proof of their residential addresses and shall inform the Investigation Officer/Court, if there is any change in the addresses. c) They shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge. d) They shall not tamper with the prosecution witnesses either directly or indirectly. e) They shall appear before the trial Court on all dates of hearing without fail. iii) Observations made in this order are confined to the disposal of these petitions and shall not have any bearing on the trial of the case. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC: List No.: 1 Sl No.: 40