Allowed

Byrijayraj v. State of Karnataka

Karnataka HC18 Jan 2022CRL.A/1086/2021

Case brief

AI extract

What is this about?

The Hon'ble High Court allowed the criminal appeal filed by the appellant seeking regular bail. The Court set aside the order terminating the earlier bail application and granted bail, noting that co-accused facing similar offences were already on bail and there was a long delay in judicial process.

What did the court decide?

The impugned order is set aside and the appellant is granted regular bail subject to execution of a personal bond of Rs.50,000/ and furnishing of two sureties.

Byrijayraj Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2022)

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CRL.A.No.1086/2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JANUARY 2022

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BEFORE

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THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

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CRIMINAL APPEAL NO.1086/2021

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BETWEEN :

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BYRIJAYRAJ S/O ASHRAYYA AGED ABOUT 23 YEARS R/AT BENS CIRCLE, BEHIND TRAIN SHED NALANDA SCHOOL ROAD PITINGALPETE, VIJAYWADA KRISHNA DISTRICT ANDRAPRADESH – 560 012 ... APPELLANT

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(BY SRI SUNIL KUMAR S., ADVOCATE)

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AND :

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STATE OF KARNATAKA BY D.J.HALLI POLICE STATION (REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA

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BENGALURU - 01)

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SMT.KRISHNAVENI

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W/O ANAND

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AGED ABOUT 39 YEARS R/AT NO.147, NEAR DODDAMMA TEMPLE SHAMPURA, D.J.HALLI

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BENGALURU – 45 ... RESPONDENTS

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(BY SRI.SHANKAR H.S., HCGP FOR R1; VIDE ORDER DATED 18.01.2022 NOTICE TO R2 IS HELD SUFFICIENT)

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CRL.A.No.1086/2021

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2) OF SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED 30.06.2021 IN CRL.MISC.NO.4944/2021 AND RELEASE HIM ON REGULAR BAIL IN CR.NO.75/2020 OF DEVARAJEEVANAHALLI POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 120(B) R/W 34 OF IPC AND SECTION 3(2)(v)(va) OF SC/ST (POA) ACT, WHICH IS NOW PENDING ON THE FILE OF THE HON’BLE 70^TH ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU IN SPL. CASE NO.692/2020.

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THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT THROUGH VIDEO CONFERENCE DELIVERED THE FOLLOWING:

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JUDGMENT

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Heard.

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Aggrieved by the rejection of his application for bail, accused No.2 in Cr.No.75/2020 of Devarajeevanahalli Police Station, which is now pending in Spl.C.No.692/2020 on the file of LXX Additional City Civil and Sessions Judge & Special Judge (CCH-71), Bengaluru, has preferred the above appeal.

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The appellant and accused Nos.1 and 3 are

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facing trial in the said case for the offences punishable under Sections 302, 201 120(b) r/w 34 of IPC and Section 3(2)(v)(va) of SC/ST (POA) Act, 1989 on the basis of the

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CRL.A.No.1086/2021

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charges filed by the respondent Police in Crime No.75/2020.

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The deceased Vinod belonged to Scheduled Caste. Vinod and accused No.3 were married about 12 years back and have three daughters. On 26.02.2020 at 9.00 a.m. near BBMP Park Road, Muniveerappa Layout, Shampura, Bengaluru he was assaulted on his neck with a sickle and was murdered. C.W.2 informed C.W.1 about the incident and he was the eyewitness to the incident. C.W.1 filed the complaint.

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5. Prosecution’s case is as follows:

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Accused Nos.1 and 3 were having illicit relationship

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and they together had eloped to Andhra Pradesh twice. On the complaint of the deceased, accused No.3 was brought back. In that background accused Nos.1 and 3 decided to eliminate Vinod and they hired the appellant(accused No.2) to kill Vinod. In execution of such conspiracy of accused Nos.1 to 3, on 26.02.2020 at 9.00 a.m., the appellant boarded the auto-rickshaw of deceased

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CRL.A.No.1086/2021

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Vinod in the disguise of a passenger and when the autorickshaw proceeded near BBMP Park road, the appellant assaulted the victim with a sickle and committed his murder.

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The appellant and accused No.1 were arrested on 29.02.2020. On the basis of the voluntary statement of accused No.1, this appellant is implicated in the case. The allegations of conspiring to commit murder was against accused Nos.1 and 3. Soon after commission of murder, accused No.1 picked up the appellant on his motor bike and harbored him.

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CW2 is the solitary eyewitness. The appellant was stranger to C.W.2. No test identification parade is conducted. Even in his further statement dated 07.05.2020, the I.O. did not get the appellant identified by C.W.2.

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The other circumstances prosecution relies is recovery of sickle and vehicle used in the commission of

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CRL.A.No.1086/2021

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the offences etc. That was a joint recovery from accused Nos.1 and 2.

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This Court in Crl.A.No.865/2021 and Crl.P.No.791/2021 has granted bail to accused Nos.1 and 3. Appellant has no other criminal antecedents. Under such circumstances it is not just and reasonable to subject the appellant to pretrial conviction and sentence. The trial Court failed to consider all these aspects. Therefore, the appeal is allowed.

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The impugned order is hereby set aside. The appellant is granted bail in Cr.No.75/2020 of Devarajeevanahalli Police Station, which is now pending in Spl.C.No.692/2020 on the file of LXX Additional City Civil and Sessions Judge & Special Judge (CCH-71), Bengaluru, subject to following conditions:

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(i) The appellant shall execute a personal bond in a sum of Rs.50,000/- and furnish two sureties, one of whom shall be a local surety in the likesum to the satisfaction of

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CRL.A.No.1086/2021

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the trial Court for his appearance before the Court whenever required.

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(ii) The appellant shall appear before the Trial Court as and when required.

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(iii) The appellant shall not tamper the prosecution witnesses.

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(iv) The appellant shall mark his attendance before I.O. on first Sunday of every month till trial is concluded.

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Sd/JUDGE

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pgg

Byrijayraj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Byrijayraj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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