Allowed

Nagaraj S/O Ramesh Budihal v. the State of Karnataka

Karnataka HC21 Sept 2023CRL.P/102100/2023

Case brief

AI extract

What is this about?

This criminal petition under Section 439 Cr.P.C. sought bail for the petitioner accused of attempting murder and culpable hurt. The High Court allowed bail, imposing stringent conditions to safeguard prosecution interests.

What did the court decide?

Petitioner/accused released on bail in Crime No. 164/2023 subject to stringent conditions including a personal bond with sureties and prohibition on tampering with witnesses.

Nagaraj S/O Ramesh Budihal Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC-D:10977 CRL.P No. 102100 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21^ST DAY OF SEPTEMBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MS. JUSTICE J.M.KHAZI

¶6

CRIMINAL PETITION NO. 102100 OF 2023

¶7

BETWEEN:

¶8

NAGARAJ, S/O RAMESH BUDIHAL, AGE: 20 YEARS, OCC: STUDENT, R/O. SULLA VILLAGE, TQ: HUBBALLI, DIST: DHARWAD-591110.

¶9

…PETITIONER

¶10

(BY SRI. V.M.BANAKAR, ADVOCATE)

¶11

AND:

¶12

CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.22 15:21:17 +0530

¶13

THE STATE OF KARNATAKA, (HUBBALLI RURAL POLICE STATION) REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.

¶14

…RESPONDENT

¶15

(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, ADVOCATE)

¶16

THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER WHO IS ARRAYED AS ACCUSED ON BAIL IN CONNECTION WITH HUBBALLI RURAL P.S. CRIME NO. 164/2023, PENDING ON THE FILE OF JMFC II COURT HUBBALLI, FOR THE OFFENCES PUNISHABLE U/SEC. 326, 307 AND 504 OF IPC.

¶17

¶18

NC: 2023:KHC-D:10977 CRL.P No. 102100 of 2023

¶19

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

¶20

ORDER

¶21

Petitioner who is the sole accused has filed this petition under Section 439 of Code of Criminal Procedure (for short, ‘the Cr.P.C.’) to grant him bail in Crime No.164/2023 of Hubballi Rural Police Station for the offences punishable U/sec.326, 307, 504 IPC.

¶22

In support of his petition, petitioner has contended that he is innocent and law abiding citizen and has not committed the alleged offences. The reading of the entire complaint averments does not attract the provisions of Section 307 IPC and as such, there is no impediment to grant bail. Complainant is not an eye witness. The allegations made in the complaint are vague and concocted to suit the prosecution case. The Sessions Court has rejected the bail petition on the ground that the offence under Section 307 IPC is punishable up to

¶23

3 - NC: 2023:KHC-D:10977 CRL.P No. 102100 of 2023

¶24

imprisonment for life. There is no motive on the part of the petitioner to commit the murder of the injured.

¶25

2.1. Already the injured is discharged from the hospital and there is no danger to his life. Investigation including recovery of the material object is concluded and charge sheet is filed. Therefore, no longer custodial interrogation of the petitioner is required. Petitioner is a student studying in ITI at Kanakadas ITI College, Hubballi and his continued detention would cause hardship and hinder his education. Petitioner is having aged parents to care of. Petitioner is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

¶26

Learned High Court Government Pleader submitted oral objections stating that on 05.07.2023 at 4.30 p.m. while injured was in his house and was outside to feed sheep, accused went there and all of a sudden picked up a knife and assaulted the injured on his back 4-5 times and left the place by abusing him. He was

¶27

4 - NC: 2023:KHC-D:10977 CRL.P No. 102100 of 2023

¶28

shifted to KIMS Hospital, Hubballi and treated. Complainant who is no other than the father of the injured came to know about the same and lodged the complaint.

¶29

3.1 Based on the complaint, investigation is taken up. Petitioner was arrested on 06.07.2023 and at his instance, the weapon used for assaulting the injured is recovered. The statement of witnesses are recorded. After completing the investigation, charge sheet is filed which makes out a strong prima facie case. In the event of granting bail, petitioner may threaten or tamper with the witnesses. He may also abscond and thereby delay and protract the proceedings and prays to reject the petition.

¶30

Heard arguments and perused the record.

¶31

During the course of arguments, learned

¶32

counsel for petitioner submitted that charge sheet is filed and certified copy of the charge sheet is produced. The charge sheet reveal that the injured was in the habit of harassing and teasing the sister of accused and being

¶33

5 - NC: 2023:KHC-D:10977 CRL.P No. 102100 of 2023

¶34

enraged by the same, on 05.07.2023 at 4.30 p.m. accused went to the house of injured and stabbed him with the knife about 4-5 times on his back. This was witnessed by CWs.5 to 8. Immediately he was shifted to KIMS Hospital, Hubballi wherein he underwent treatment. At the time of incident, the parents of the injured were out of station and after coming to know about the incident through the friend of the injured, the father of the complainant has filed the complaint.

¶35

During investigation, petitioner/accused was arrested and at his instance knife used for assaulting the injured is recovered. Motorbike which the petitioner/accused used for going to the house of injured, which he left at the spot, is also recovered from the scene of occurrence. The injured is discharged from the hospital. Injury certificate states that the injured sustained 8 stab injuries and they are grievous in nature. The statement of the injured is also recorded. After completing detailed

¶36

6 - NC: 2023:KHC-D:10977 CRL.P No. 102100 of 2023

¶37

investigation, charge sheet is filed for the offences punishable under Sections 326, 307, 504 IPC.

¶38

Though the offences alleged are non-bailable,

¶39

they are not exclusively punishable with death or imprisonment for life. There are eyewitnesses to the incident including the injured. The petitioner is aged 21 years and is studying ITI. It appears under a spur of moment unable to bear humiliation of the injured harassing his sister, the petitioner/accused has chosen to assault the injured. Taking into consideration these aspects, this Court is of the considered opinion that the petitioner/accused is entitled for bail. Of course the interest of the prosecution is required to be safeguarded by imposing stringent conditions and accordingly the following:

¶40

ORDER

¶41

Petition is allowed. Petitioner/accused is released on bail, Crime No.164/2023 of Hubballi

¶42

¶43

NC: 2023:KHC-D:10977 CRL.P No. 102100 of 2023

¶44

Rural Police Station for the offences punishable U/sec.326, 307, 504 IPC, subject to following:

¶45

CONDITIONS

¶46

a) The petitioner/accused shall execute a personal bond in a sum of Rs.1,00,000/with two sureties for the like-sum.

¶47

b) Petitioner/accused shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

¶48

c) Petitioner/accused shall not tamper with the prosecution witnesses either directly or indirectly.

¶49

d) Petitioner/accused shall not indulge in any criminal activities.

¶50

e) Petitioner/accused shall be regular in attending the Court proceedings.

¶51

CLK,KGK

¶52

List No.: 1 Sl No.: 26

¶53

Sd/JUDGE

Nagaraj S/O Ramesh Budihal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Nagaraj S/O Ramesh Budihal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramesh S/O Venkappa Bonageri Vs the State of Karnataka

Jamakhandi Hanumanthappa @ J. Hanamanhappa S/O Ramappa Vs the State of Karnataka

Shrishail Vs State of Karnataka

Sangayya S/O. Sharanayya Kadabalakatti Vs the State of Karnataka

Husenasab S/O Murtujsab Nadaf Vs the State of Karnataka

Vivek S/O Karibasappa Kotekar Vs Naveen S/O Rajaram Hegde