Criminal Petition No. 12894 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:4437 CRL.P No. 12894 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12894 OF 2024 BETWEEN: CHALAPATHI @ AMARESH Y S/O. YELLAPAPA V AGED ABOUT 41 YEARS, RESIDING AT NO. 50, THIGALA CHOWDADENAHALLI, DOMMASANDRA, BANGALORE 562125. (IN JUDICIAL CUSTODY) (BY SRI. PYAREJAN K. N.,ADVOCATE) AND: …PETITIONER Digitally signed by LAKSHMI T Location: High Court of Karnataka
Legal Reasoning
STATE OF KARNATAKA SHO, WHITEFIELD PS, BANGALORE - 560066 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT COMPLEX BANGALORE - 560001. …RESPONDENT
Legal Reasoning
(BY SRI.RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.3/2025 (CR.NO.189/2010) FOR THE OFFENCE P/U/S 306 OF IPC AGAINST THE PETITIONER UNDER SEC.306 OF IPC - 2 - NC: 2025:KHC:4437 CRL.P No. 12894 of 2024 AGAINST THE PETITIONER AND OTHERS, PENDING BEFORE THE VIII ADDL.DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL AT BENGALURU; THE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU HAS REJECTED THE BAIL PETITION ON 07.11.2023 IN CRL.MISC.NO.2321/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER Heard the learned counsel for petitioner and learned High Court Government Pleader and perused the material on record. 2. Petitioner is seeking to enlarge him on bail in SC No.3/2025 pending before the VIII Additional District and Sessions Judge, Bengaluru Rural District. 3. Complaint is lodged by one Sri Gopalachari alleging that his elder daughter by name Suhasini was kidnapped by the petitioner on 11.12.2009 and she was - 3 - NC: 2025:KHC:4437 CRL.P No. 12894 of 2024 traced on 30.01.2010. Case registered against the petitioner ended in a compromise. Hence, the petitioner was acquitted by the Court. 4. On 26.07.2010 at about 10.30am, his daughter who had gone to attend the computer class, did not return till night. When complainant's wife Smt. Nirmala enquired over phone, petitioner herein told her that he has kidnapped her daughter and threatened her. Further, when she telephoned to the parents of the petitioner, they too threatened her. Hence, she committed suicide by hanging to a ceiling fan using a veil on 27.07.2010 at 6am. 5. First Information Report No.189/2010 came to be registered at Whitefield Police Station, Bengaluru city against accused Nos.1 to 4 and others for the offence punishable under Section 306 of Indian Penal Code, 1860 (for short 'IPC') . On completion of investigation, charge sheet was filed showing accused Nos. 1 and 3 as absconding. - 4 - NC: 2025:KHC:4437 CRL.P No. 12894 of 2024 6. It is the case of prosecution that the complainant's wife namely, Nirmala committed suicide on account of the mental harassment and torture given by the accused persons. 7. Petitioner was arrested on 08.10.2024. His bail petition has been dismissed by the learned Sessions Judge in Crl.Misc.Petition No.2321/2024 vide order dated 07.11.2024 on the ground that he has been absconding from the date of crime and is responsible for delay of 14 years in disposing of the case and if he is released at this stage, there is every chance of absconding. 8. Learned High Court Government Pleader has contended that the petitioner is arraigned as accused No.1. He is the main accused and he is very well aware of the registration of the case against accused Nos.2 and 4, who are none other than his brother and mother. The case pending against them was known to the petitioner, but he deliberately absconded due to which there is - 5 - NC: 2025:KHC:4437 CRL.P No. 12894 of 2024 inordinate delay in trial. He contended that, if the petitioner is enlarged on bail, he will once again abscond and thereby hamper the progress of trial. 9. The learned counsel for the petitioner has contended that the entire allegations against the petitioner are false. The ingredients of the offence alleged are not made out. The petitioner has never absconded, but he was not aware of the charge sheet filed against him. Accused Nos.2 and 4 who faced trial have been acquitted. The petitioner is a permanent resident of Thigala Chowdadenahalli, Bangalore Rural District. He will furnish solvent surety and therefore seeks to enlarge him on bail. 10. Charge sheet was filed showing the petitioner as absconding. Case against him was split up. It is brought to the notice of the court that the whereabouts of accused No.3, father of the petitioner is not known. After 14 years, the petitioner has been arrested and he is in custody since 15.10.2024. - 6 - NC: 2025:KHC:4437 CRL.P No. 12894 of 2024 11. Case against petitioner has been split up and it is numbered as SC No.3/2025 on the file of the VIII Additional District and Sessions Judge, Bangalore Rural District. 12. Learned counsel for the petitioner has enclosed a copy of the judgment passed by the Sessions Court in SC No.146/2016 wherein, it is seen that accused Nos.2 and 4 who faced trial are acquitted of the charges levelled against them under section 306 IPC. It is also submitted by the learned counsel that the petitioner has married complainant's daughter, Suhasini and they have two children and the allegations that he forcibly kidnapped her etc., are completely false. 13. The petitioner has undertaken to furnish solvent surety to ensure his regular presence before the trial Court. Considering that accused Nos. 2 and 4 who have faced trial are acquitted, an opportunity may be given to the petitioner. Hence, relief sought by the petitioner can - 7 - NC: 2025:KHC:4437 CRL.P No. 12894 of 2024 be granted without expressing any view on the merits of the case. Accordingly, the following:-
Decision
ORDER Petition is allowed. Petitioner/accused No.1 in SC No.3/2025 pending before the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, shall be enlarged on bail, subject to following conditions: 1. He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court. 2. He shall furnish proof of his residential address and shall inform the Court, if there is change in the address. 3. He shall not directly or indirectly tamper with the prosecution witnesses. - 8 - NC: 2025:KHC:4437 CRL.P No. 12894 of 2024 4. He shall not indulge himself in committing any offence. 5. He shall appear before the trial Court regularly on all dates of hearing. The prosecution is at liberty to seek for cancellation of bail if any of the above conditions are violated by the petitioners. Sd/- (MOHAMMAD NAWAZ) JUDGE NV