Criminal Petition No. 12939 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12939 OF 2024 BETWEEN: JEEVAN @ BANDLI, S/O. DEVARAJA, AGED ABOUT 23 YEARS OCC LABORER, R/O. NEAR CHURCH, KAMANABHAVI BADAVANE, CHITRADURGA TOWN, CHITRADURGA - 577 501. …PETITIONER (BY SRI. UMESH P.B., ADVOCATE FOR SRI.R B DESHPANDE., ADVOCATE) AND: Digitally signed by KAVYA R Location: High Court of Karnataka THE STATE OF KARNATAKA BY CHITRADURGA TOWN POLICE STATION, CHITRADURGA SUB-DIVISION, CHITRADURGA - 577 501. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) …RESPONDENT
Legal Reasoning
(BY SRI.VINAY MAHADEVAIAH., HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE - 2 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 PETITIONER/ACCUSED NO.1 ON BAIL IN SC.NO.78/2023, ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA, CHARGE SHEETED FOR THE OFFENCES P/U/S 143, 147, 148, 504, 323, 506, 302 R/W 149 OF IPC, IN CR.NO.24/2023 OF CHITRADURGA TOWN P.S., CHITRADURGA, PENDING THE TRAIL. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused No.1 in S.C.No.78/2023 pending before the Court of Principal District and Sessions Judge, Chitradurga arising out of Crime No.24/2023 registered by Chitradurga Town Police Station, Chitradurga District, for offences punishable under Sections 143, 147, 148, 504, 323, 506, 302 r/w Section 149 of IPC is before this Court in this successive bail petition filed under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.24/2023 was registered by Chitradurga Town Police Station, Chitradurga District - 3 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 initially for offences punishable under Section 302 r/w Section 34 of IPC against Jeevan and others. 4. During the course of the investigation, petitioner herein who was arraigned as accused No.1 in the FIR was arrested on 20.02.2023 and subsequently, remanded to judicial custody. Investigation of the case was completed and chargesheet was filed as against four persons and another juvenile accused. Bail application filed by the petitioner before the Sessions Court was rejected and therefore, he had approached this Court in Crl.P.No.866/2024 which was dismissed as withdrawn on 10th September, 2024. Thereafter, petitioner had once again filed bail application before the Trial Court in S.C.No.78/2023 which was rejected on 05th November, 2024. Therefore, petitioner is before this Court in this successive bail petition. 5. Learned Counsel for the petitioner submits that C.W.2 and C.W.3 are the alleged eye-witnesses to the incident in question. They have been examined before the - 4 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 Trial Court. C.W.3 has not supported the case of the prosecution and statement of C.W.2 becomes doubtful, considering the deposition of C.W.1 (P.W.1), who is the mother of deceased Maruthi. Material on record would go to show that deceased and his friends were the aggressors. Petitioner who has no other criminal antecedents is in custody for the last more than two years. Accordingly, he prays to allow this petition. 6. Per contra, learned HCGP has opposed the petition. He submits that the bail application filed by accused No.2 has been rejected by the coordinate Bench of this Court, even after examination of C.W.2 and C.W.3 is completed. There are allegations against the petitioner about he assaulting the deceased with the deadly weapon. In the event petitioner is enlarged on bail, he is likely to tamper with the material chargesheet witnesses. Accordingly, he prays to dismiss this petition. 7. First informant in the present case is the mother of deceased Maruthi. In the first information she has - 5 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 stated that on the intervening night of 18.02.2023 and 19.02.2023 at about 3:45 a.m., Hemant (C.W.2) knocked the door of her house and informed her that her son Maruthi had met with an accident and he was admitted in the hospital. Immediately, first informant and her husband went to the hospital and on enquiry, Maruthi allegedly informed her that he was assaulted by Jeevan, Anjini and others. Subsequently, injured Maruthi had succumbed to the injuries on 19.02.2023 and thereafter, first informant had approached the police and based on her first information, FIR in Crime No.24/2023 was registered against Jeevan, Anjini and others. 8. During the course of investigation, accused persons named in the FIR and others were arrested. As per the chargesheet allegations on the intervening night of 18.02.2023, on which day Shivarathri Festival was being celebrated, the accused persons allegedly came to the area in which Harish (C.W.4) was residing. Therefore C.W.4 questioned the accused persons who went away - 6 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 after quarreling with him. At about 1:15 a.m., on the intervening night of 18.02.2023 and 19.02.2023, C.W.4 allegedly informed Maruthi about accused persons quarreling with him and therefore, Maruthi along with Hemanth (C.W.2) went in search of the accused persons and found them sitting behind the gate of Maharani College and questioned them, why they had come to their area. In the quarrel that took place between two parties thereafter, accused No.1 allegedly assaulted Maruthi with a radium cutter blade on his forehead and accused No.2 stabbed Maruthi with a knife on his abdomen. Accused Nos.3, 4 and the juvenile accused allegedly assaulted Maruthi with their hands and thereafter, accused persons left the place. 9. During the course of trial C.W.1 is examined as P.W.1 and C.W.2 & C.W.3 are examined as P.W.2 & P.W.3. C.W.2 and C.W.3 are the alleged eye-witnesses to the incident in question. C.W.3 has not supported the case of the prosecution. - 7 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 10. Learned Counsel for the petitioner had submitted that considering the statement made by C.W.1 (P.W.1) during the course of her examination in Chief, it is not safe to place reliance on the evidence of C.W.2 (P.W.2). Be that as it may be, only allegation against the petitioner is that he had assaulted deceased with a radium cutter blade on his forehead. The postmortem report of the deceased would go to show that death was due to the stab injuries suffered by the deceased on his abdomen. Accused Nos.3 and 4 have been already enlarged on bail. Petitioner who has no other criminal antecedents is in custody for the last more than two years. Out of the 44 chargesheet witnesses cited in the present case, till date only 5 witnesses have been examined. Since the material chargesheet witnesses have been already examined, there cannot be any apprehension that petitioner is likely to tamper with the prosecution witnesses. 11. Considering the allegation against the petitioner who has no other criminal antecedents and also taking into - 8 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 consideration his period of incarceration, I am of the view that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:-
Decision
ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.78/2023 pending before the Court of Principal District and Sessions Judge, Chitradurga arising out of Crime No.24/2023 registered by Chitradurga Town Police Station, Chitradurga District, for offences punishable under Sections 143, 147, 148, 504, 323, 506, 302 r/w Section 149 of IPC, subject to the following conditions: a) The petitioner shall execute 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; - 9 - NC: 2025:KHC:9347 CRL.P No. 12939 of 2024 b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 46