A criminal petition under Section 439 CrPC seeking regular bail for a murder accused was dismissed. The court held that a prima facie case of direct involvement and overt acts causing death was established, denying bail relief.
Bail under Section 439 Cr.P.C. dismissed; petitioner denied bail.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 20TH DAY OF NOVEMBER 2019
BEFORE
THE HON’BLE MR. JUSTICE P.G.M.PATIL
CRIMINAL PETITION NO.102015/2019
BETWEEN:
BASAPPA @ BASAVARAJA @ BASSI S/O PULUSU YERRISWAMY, AGE: 30 YEARS, OCC: FARMER, R/O W.NO.35, SRINIVASA NAGAR, AVAMBAVI, TQ & DIST: BALLARI.
... PETITIONER
(BY SRI.B.S.SANGATI, ADVOCATE.)
AND:
THE STATE OF KARNATAKA, BY ITS SUB-INSPECTOR OF POLICE, BALLARI RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.
... RESPONDENT
(BY SMT.SEEMA SHIVA NAIK, HCGP.)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL IN S.C.NO.77/2018 (ARISING OUT OF CRIME NO.137/2018 OF BALLARI RURAL P.S.) PENDING ON THE FILE OF THE I-ADDL. DIST. & SPECIAL JUDGE, BALLARI FOR AN OFFENCES P/U/S 143, 147, 148, 323, 324, 504, 307, 302, 201 R/W SEC. 149 OF IPC.
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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
This is a bail petition filed under Section
439 of Cr.P.C. seeking to enlarge the petitioner on bail in Crime No.137/2018 of Ballari Rural Police Station now pending in S.C.No.77/2018 on the file of the I Additional District and Special Judge, Ballari for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 307, 302, 201 read with Section 149 of IPC.
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the accused persons came in a vehicle and
formed themselves into unlawful assembly armed with deadly weapons and picked up quarrel with them and asked them as to whey they have come to their area. The accused assaulted them with stones on their heads causing bleeding injuries. CW.2 Ajaykumar escaped from the spot and ran away towards Siruguppa road. The accused chased them with an intention to kill CW.2 and Ranjithkumar. CW.2 escaped and was not traced. The accused took mobile phones and damaged the vehicle of CW.2 and all the accused went in a motorcycle and caught hold and assaulted Ranjithkumar and then took him near the land of K.Mallappa situated on Kolagal-Shreedharagadde Road near Siruguppa fisted on his face with steel kadaga of accused No.1 and put size stones on his head, forehead, assaulted him with stones on his
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stomach and chest and committed his murder and in order to screen the evidence of murder, accused thrown the dead body of Ranjithkumar in the middle of the trees.
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the voluntary statement of the other accused persons which is not permissible. He is the permanent resident of Ballari belonging to respectable family, having movable and immovable properties and residing with his family members. He is ready to abide by the conditions which may be imposed by this Court and also to furnish an adequate surety.
petitioner and the learned HCGP.
show that the alleged incident took place on 07.03.2018 at 8.00 p.m. CW.2 Ajaykumar is an eyewitness to the incident and he is also the victim of the offence punishable under Section 307 of IPC as per the case of the prosecution. The statement of CW.2 is sufficient to make out a prima facie case against the
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petitioner/accused No.1 as to his direct involvement in the alleged offences and overt acts committed by him. There is material on record collected by the I.O. which sows that the accused No.1 along with other accused assaulted the deceased with the steel kadaga and put size stones on his head and caused his death.
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petitioner accused No.1 about his direct
involvement in the crime and also about his overt acts in causing the death of the deceased. Under these circumstances this Court is of the considered opinion that the petitioner is not entitled for bail under Section 439 of Cr.P.C.
dismissed.
Sd/JUDGE
Sh
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 of Cr.P.C. given the prima facie case of direct involvement in the murder.
Whether the delay in lodging the complaint or absence of specific weapon details in the complaint warrant granting bail.
3 provisions across 2 enactments
Basappa @ Basavaraja @ Bassi S/Pulusu Yerriswamy
The State of Karnataka
P.G.M.Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
