Criminal Petition No. 98 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:7302 CRL.P No. 98 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 98 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: SWAMY @ THAYA S/O LATE OF KEMPEGOWDA, AGED ABOUT 27 YEARS, RESIDING AT KALLIGAUDADANADODDY VILLAGE, UYYAMBALI HOBLI, KANAKAPURA TALUK, RAMANAGARA - 562 159. (BY SRI. OMKAR BASAVA PRABHU, ADVOCATE) …PETITIONER Digitally signed by LAKSHMI T Location: High Court of Karnataka AND:
Legal Reasoning
THE STATE OF KARNATAKA THROUGH CHANNAPATNA TOWN POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.
Legal Reasoning
(BY SRI. RANGASWAMY, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL IN FAVOUR OF THE PETITIONER IN S.C.NO.64/2024 PENDING ON THE HONBLE THIRD ADDL.DISTRICT AND SESSIONS JUDGE, RAMANAGARA - 2 - NC: 2025:KHC:7302 CRL.P No. 98 of 2025 DISTRICT WHEREIN THE PETITIONER IS ARRAYED AS ACCUSED NUMBER ONE FOR THE OFFENCE P/U/S 302 OF IPC. 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, Learned High Court Government Pleader for the State and perused the material on record. 2. Petitioner / sole accused has preferred this petition praying to enlarge him on bail in S.C.No.64/2024 pending on the file of the Court of III Additional District and Sessions Judge, Ramanagara arising out of Crime No.11/2024 of Channapatna Town Police Station, Ramanagara, registered for the offence punishable under Section 302 of IPC. 3. It is the case of prosecution that on 06.02.2024, at about 07:00 p.m. deceased Sanjith Kumar Takur had been to one Anada bar to consume alcohol, at - 3 - NC: 2025:KHC:7302 CRL.P No. 98 of 2025 that time, petitioner met him and saying that he will provide him place to sleep, took him to a vacant site near one Kabbalamma Hotel situated near Sathanur circle. At about 11:30 p.m., when Sanjith Kumar Takur was sleeping, accused picked up a size stone and dropped it on his head and after, committing the murder he robbed a sum of Rs.500/- which was in the pocket of the deceased and his mobile phone. 4. Learned counsel for the petitioner has contended that there are no eye witnesses to the incident and the case is based on circumstantial evidence. There is no motive or animosity for the petitioner against the deceased. There are no sufficient materials collected by the prosecution to accept the alleged CCTV footages, on the basis of which the prosecution is relying it's case. He contended that in the CCTV footages, apart from the deceased and accused there are even other persons are seen and therefore, it cannot be said on the basis of the CCTV screenshot that accused is the perpetrator of the crime. - 4 - NC: 2025:KHC:7302 CRL.P No. 98 of 2025 5. The learned counsel further contended that petitioner is in judicial custody form 12.02.2024. Investigation is completed and charge sheet is also filed. Petitioner is ready and willing to abide by any conditions which may be imposed by the Court. Accordingly, sought to allow the petition and enlarge the petitioner on bail. 6. Learned High Court Government Pleader has filed statement of objections. He has contended that this is a case of murder for gain. Petitioner / accused and deceased were seen together on the date of incident, which is evident from the CCTV footages. At the instance of the petitioner, one blood stained full sleeves check shirt, Black colour night pant, a jeans pant and a T-shirt as well as the mobile belonging to the deceased and cash of Rs.100/- have been recovered. He contended that the petitioner has criminal antecedents. He is involved in 3 more cases. He contended that there is a prima-facie against the petitioner and in the event of grant of bail, there are chances of petitioner committing similar offences and also fleeing from justice. - 5 - NC: 2025:KHC:7302 CRL.P No. 98 of 2025 7. The first informant by name S. Rajashekar, on 07.02.2024 at about 07:15 a.m., noticing the dead body lying in the vacant land situated near his hotel, informed the matter to the police station, on the basis of which, a case in Crime No.11/2024 came to be registered at Channapatna Town Police Station against unknown person for an offence punishable under Section 302 of IPC. During investigation, the CCTV footages were collected and on that basis, accused was arrested on 12.02.2024. From the accused incriminating articles like blood stained pant and shirts, mobile phone of the deceased etc., are recovered. The prosecution has also collected certificate under Section 65-B of the Indian Evidence Act from CW.15. Prosecution has recorded the statements of C.W.4-cashier, working in Anand Bar. He has last seen the deceased in the company of the accused in the said bar. 8. As per postmortem report, cause of death is due to head injury sustained. The deceased has sustained following injuries. - 6 - NC: 2025:KHC:7302 CRL.P No. 98 of 2025 1. Head compressed from right to left with split laceration measuring 05cm X 03 cm X Cranial cavity deep noted over back of right ear. Right ear pinna lacerated irregularly and detachd partially from the rest of the body. 2. Grazed abrasion measuring 07X05 cm noted over right side of forehead extending upto right cheek across the front of right ear. 3. Contusion measuring 03X02 noted over outer aspect of the left arm at its upper third. 4. Abrasion measuring 03X01 cm noted over back of right shoulder joint. 9. It is alleged that petitioner has committed murder by dropping a size stone on the head of the deceased and robbed the mobile phone as well as cash of Rs.500/-. In view of the material collected by the prosecution, there is a prima-facie case against the petitioner. The contention of the learned counsel that - 7 - NC: 2025:KHC:7302 CRL.P No. 98 of 2025 petitioner has no animosity against the deceased and therefore, he is innocent etc., cannot be accepted. 10. This is a case of murder committed for gain. Keeping in view the punishment prescribed and considering the nature and gravity of the offence, petitioner is not entitled for the relief sought in the petition. Petition is accordingly, dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 36 CT: BHK