Allowed

Ajjaiah S @ Ajjaya S/O Basavaraja v. the State of Karnataka

Karnataka HC9 Oct 2020CRL.P/101169/2020

Case brief

AI extract

What is this about?

In a bail petition filed under Section 439 Cr.P.C. regarding murder charges, the High Court allowed the petitioner to be released on bail by imposing conditions including a personal bond, sureties, prohibitions on witness tampering and leaving jurisdiction, and requirements to attend court proceedings.

What did the court decide?

Petitioner released on bail subject to execution of a personal bond with sureties, prohibition on witness tampering, no leaving jurisdiction without permission, and attendance at court proceedings.

Ajjaiah S @ Ajjaya S/O Basavaraja Vs the… — Murder and Culpable Homicide | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 09^TH DAY OF OCTOBER 2020

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRL.P. NO.101169 OF 2020

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BETWEEN:

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AJJAIAH S @ AJJAYA S/O BASAVARAJA AGE:24 YEARS, OCC:STUDENT, R/O NEAR OLD HOUSING BOARD COLONY, RASTROTHANA SCHOOL RAMANAGARA, H.B.HALLI TQ, DIST:BALLARI DIST.

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…PETITIONER

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(BY SRI.ANWAR PASHA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH HAGARIBOMMANAHALLI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD.

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…RESPONDENT

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(BY SMT. SEEMA SHIVA NAIK, HCGP)

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THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING THIS HON’BLE COURT TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME NO.190/2019 REGISTERED IN HAGARIBOMMANAHALLI POLICE STATION FOR THE OFFENCES UNDER SECTION 302 OF IPC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed under Section 439 of Cr.P.C. seeking to enlarge the petitioner on bail in Crime No.190/2019 of Hagaribommanahalli Police Station, registered for the offence punishable under Section 302 of IPC.

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The case of the prosecution is that, the deceased Basavaraja is the father of the petitioner/accused. The deceased was in the habit of consuming alcohol and picking up quarrel with his wife and children and assaulting them. On 20.12.2019, at about 10.30. p.m., without any reason, the deceased picked up quarrel with the petitioner and both of them came out of the house quarrelling with each other. At that time, the accused picked up a brick and assaulted the deceased on his face, head and other parts of the body. On account of which, the deceased succumbed to the injuries sustained by him.

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Learned counsel for the petitioner submits that the deceased was a drunkard and he was in the habit of picking up quarrel with his wife and children and assaulting them. On the date of the incident, when the petitioner went to the house, the deceased picked up quarrel and started assaulting the petitioner. In the said quarrel, without any intention, the petitioner is said to have assaulted the deceased with a brick. He submits that even if the entire allegations are taken into consideration, the offence committed by the accused will not fall within the definition of Section 300 of IPC. He submits that the petitioner was arrested on 23.12.2019, since then he is in judicial custody. Now the investigation is complete and charge sheet is filed. The petitioner is the eldest son and he is a B.E. graduate. Hence, he may be enlarged on bail by imposing any conditions. Accordingly, he seeks to allow the petition.

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The learned HCGP submits that the

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complainant is an eye-witness to the incident in question. Apart from him, CW13 and others have witnessed the incident. They have clearly stated that this petitioner has assaulted the deceased with a brick and caused injuries and committed the murder. She contends that in the event of release of the petitioner on bail, he may tamper with the prosecution witnesses and also flee from justice. Accordingly, she seeks to reject the petition.

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The complaint has been lodged by one Sri. Vaddara Sureshbabu. He is the owner of the house, where the deceased and his family members were residing. It is stated in the complaint that the deceased Basavaraja was addicted to alcohol. He was always in the habit of consuming alcohol and quarreling with his wife and children and in this regard, he was being advised

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by the complainant and others. It is further stated that under intoxication, the deceased was always assaulting his wife and children. On 20.12.2019 at about 10.30 p.m., the deceased without any reasons picked up quarrel with the accused. In the said quarrel, being upset with the behavior of the deceased, accused/petitioner assaulted him with a brick on his face, head and other parts of the body.

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Having appreciated the complaint

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averments and charge sheet material, at this stage, I do not see any intention on the part of the petitioner to commit the murder of his father Basavaraja. The statement of the witnesses discloses that the brick was lying on the road and when the deceased started quarreling with the petitioner, the petitioner picked up the brick which was lying on the road and assaulted him. The prosecution has to establish the charges against

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the petitioner in the course of trial. The petitioner was arrested on 23.12.2019 and since then, he is in judicial custody. The investigation is already completed and charge sheet is filed. Considering the facts and circumstances, I am of the view that the petitioner can be enlarged on bail by imposing suitable conditions. Hence, the following:

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ORDER

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a) Petition is allowed.

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b) The petitioner shall be released on bail in Crime No.190/2019 of Hagaribommanahalli Police Station, registered for the offence punishable under Section 302 of IPC subject to the following conditions:

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i) The petitioner shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the likesum to the satisfaction of the jurisdictional Court.

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ii) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly.

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iii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission.

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iv) The petitioner shall furnish his correct address proof and shall intimate, if there is any change in his address.

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v) The petitioner shall be regular in attending the court proceedings. The observations made herein above is

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confined to the disposal of this petition.

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Sd/JUDGE

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JTR/LAD

Ajjaiah S @ Ajjaya S/O Basavaraja v. the State of Karnataka

Case brief

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Ajjaiah S @ Ajjaya S/O Basavaraja v. the State of Karnataka

Case brief

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