Criminal Petition No. 14293 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3714 CRL.P No. 14293 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 14293 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SACHIN KUMAR R @ SACHIN S/O RAMALINGAM, AGED ABOUT 19 YEARS, PRESENTLY RESIDING AT, No. 15, 2ND CROSS, OPPOSITE TO MOHAN TENT HOUSE, NAGASHETTYHALLI, BENGALURU 560 094.
Legal Reasoning
(BY SRI. HARISH PRABHU S., ADVOCATE) AND: …PETITIONER Digitally signed by LAKSHMI T Location: High Court of Karnataka THE STATE OF KARNATAKA BY SANJAYNAGAR PS, REPRESENTED ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SRI. RANGASWAMY R., HCGP FOR R/STATE) THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN S.C.NO.1032/2024 (CR.NO.85/2024) REGISTERED BY - 2 - NC: 2025:KHC:3714 CRL.P No. 14293 of 2024 SANJAYNAGAR P.S. BENGALURU FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC PENDING BEFORE THE HONBLE 69TH ADDL.CITY CIVIL AND SESSIONS JUDGE AT BENGALURU THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 439 of Cr.P.c., is filed by accused No.2 praying to enlarge him on bail in Crime No.85/2024 of Sanjay Nagar Police Station, Benglauru City, pending on the file of 69th Additional City Civil and Sessions Judge, Bengaluru in S.C.No.1032/2024. 2. Heard the learned counsel for the petitioner, learned High Court Government Pleader for the State and perused the material on record. 3. Brief facts of the prosecution case are that on 02.05.2024 about 10:45 p.m., deceased Murthy. R, an auto driver after finishing his duty, parked his auto near Nagashettyhalli bus stop. He saw accused No.2 and asked him as to why he was standing there. A verbal quarrel took place between accused No.2 and deceased Murthy. Accused No.2 was - 3 - NC: 2025:KHC:3714 CRL.P No. 14293 of 2024 assaulted by Murthy. CWs.2 to 4 who were present in the bus stop intervened and pacified the quarrel. Accused No.2 went away threatening Murthy that he will teach him a lesson. Accused No.2, thereafter, telephoned accused No.1 and informed the incident to him and told him that Murthy should be taught a lesson. Since, earlier there was a quarrel between deceased Murthy and accused No.1, he also having ill-will against him. At about 11:10 p.m., accused No.2 telephoned accused No.1 once again and informed about the whereabouts of Murthy. Immediately, accused No.1 came with a knife near Iyengar bakery and found Murthy alighting from his auto rikshaw. Accused No.2 held him and accused No.1 stabbed him 4 to 5 times on his abdomen, shoulder etc. Accused No.2 took the knife from the hands of accused No.1 and stabbed Murthy 5 to 6 times indiscriminately on his chest and other parts of the body. 4. Learned counsel for petitioner has contended that there are no allegations in the complaint that this petitioner has stabbed the deceased. Subsequently, the statement of alleged eye witnesses are recorded to suit the prosecution case claiming that even the petitioner has stabbed the deceased. He - 4 - NC: 2025:KHC:3714 CRL.P No. 14293 of 2024 contended that one of eye witnesses namely Kiran has narrated the incident to the complainant and he being an eye witness, would not have omitted to mention the overt acts of the petitioner. He contended that the petitioner is innocent of the offence alleged against him. He is a youngster aged about 19 years and therefore, his further detention will ruin his entire future and right to Education. He contended that the petitioner is a victim of circumstance and even according to the prosecution, initially it was the deceased who assaulted him. He therefore, prayed to enlarge the petitioner on bail. 5. Learned High Court Government Pleader on the other hand has opposed the prayer for bail contending that CWs.2 to 4 are the eye witnesses to the incident and they have clearly stated that the petitioner has stabbed the deceased several times on the vital parts of the body. As per post mortem report, there are 13 injuries sustained by the deceased. He contended that the incident has been recorded in CCTV, wherein, even the petitioner / accused No.2 stabbing the deceased is clearly seen. He contended that offence committed by the petitioner is punishable with death or imprisonment for life and therefore, he is not entitled for bail and if he is released - 5 - NC: 2025:KHC:3714 CRL.P No. 14293 of 2024 on bail, he may threaten the prosecution witnesses and hamper the case of prosecution. 6. First informant is not an eye witness. He is the brother of the deceased. He was informed about the incident by one Kiran-CW.2. The incident took place at about 10:45 to 11:00 p.m., on 02.05.2024. Without any loss of time at about 02:45 a.m., complaint was lodged. Petitioner is arraigned as accused No.2 in the FIR. The statement of eye witnesses are recorded on 03.05.2024. Wherein, they have stated that the petitioner herein took the knife from the hands of accused No.1 and stabbed the deceased 5 to 6 times. As per post mortem report, there are 13 injuries sustained by the deceased. Cause of death is due to shock and haemorrhage as a result of injuries sustained to the abdomen (stab injuries). 7. The offence committed by the petitioner is heinous in nature. CWs.2 to 4 are the eye witnesses to the incident. Considering the nature and gravity of the offence and the manner in which it is committed, this Court is of the considered view that this is not a fit case to enlarge the petitioner on bail. As rightly contended by the learned High Court Government Pleader, in the event of grant of bail to the petitioner, - 6 - NC: 2025:KHC:3714 CRL.P No. 14293 of 2024 possibility of threatening the witnesses is not ruled out. Hence, the following:-
Decision
ORDER i) Petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 31 CT:SNN