Allowed

Ravichandra H N @ Ravi v. State of Karnataka

Karnataka HC4 Sept 2023CRL.P/1192/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition for bail. The court held that since material prosecution witnesses had turned hostile or deposed contrary to their statements, the petitioner had made out a prima facie case for grant of bail in a murder charge.

What did the court decide?

The petitioner was enlarged on bail in S.C.No.147/2021 subject to executing a bond of Rs.1,00,000/ with two sureties and appearing regularly before the trial court.

Ravichandra H N @ Ravi Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC:31876 CRL.P No. 1192 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 1192 OF 2023

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BETWEEN:

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RAVICHANDRA H.N @ RAVI S/O LATE NARASHIMA SWAMY AGED ABOUT 29 YEARS R/AT PURADADODDI VILLAGE KASABA HOBLI, MALAVALLI TALUK MANDYA DISTRICT - 571 430.

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…PETITIONER

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(BY MS. RAKSHA KEERTHANA K, ADV., FOR

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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SRI KEMPARAJU, ADV.)

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AND:

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STATE OF KARNATAKA BY HALAGURU POLICE STATION MANDYA DISTRICT REP BY ITS PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. N. ANITHA GIRISH, HCGP)

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THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.129/2021 OF HALAGUR P.S., MANDYA FOR THE OFFENCE P/U/S 143, 147, 148, 302 R/W 149 OF IPC, PENDING ON THE FILE OF THE INVESTIGATION ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA IN S.C. NO.147/2021.

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

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NC: 2023:KHC:31876 CRL.P No. 1192 of 2023

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ORDER

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Accused no.1 in S.C.No.147/2021 pending before the * I Addl. District & Sessions Judge, Mandya, arising out of Crime No.129/2021 registered by Halagur Police Station, Mandya District, for the offences punishable under Sections 143, 147, 148, 302 read with 149 IPC, against the petitioner and others, is before this Court under Section 439 Cr.PC.

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Heard the learned Counsel for the parties.

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On the basis of the complaint dated 13.07.2021 lodged by Lokesha, FIR in Crime No.129/2021 was registered by Halagur police for the offences punishable under Sections 307, 34 IPC.

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As per the complaint averments, on 13.07.2021, when the complainant along with his friend Girish arrived at Halagur village, they received an information that their friend Raju was assaulted by some persons. Immediately, they went to the spot and found that Raju was severely injured. At that time, police came to the spot and shifted Raju to Halagur hospital. It is in this background, complaint was lodged by Lokesha, which had resulted in registering FIR in Crime No.129/2021 against

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*Corrected vide Court Order Dt: 14.12.2023.

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3 - NC: 2023:KHC:31876 CRL.P No. 1192 of 2023

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unknown persons. It appears that subsequently, injured Raju had succumbed to the injuries in the hospital. Therefore, the offence under Section 302 IPC was invoked against the accused persons. Investigation in the case is completed and charge sheet has been filed as against six persons. Petitioner has been arrayed as accused no.1 in the charge sheet. He was arrested on 16.07.2021. His bail application filed before the IV Addl. District & Sessions Judge, Mandya, in Crl. Misc. No.772/2021 was rejected on 11.08.2021. It is under these circumstances, petitioner is before this Court.

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Learned Counsel for the petitioner having reiterated the grounds urged in the petition submits that during the course of trial, the prosecution has examined CWs-1 to 9 before the court who are the material witnesses and all the said witnesses have turned hostile and they have not supported the case of the prosecution.

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Per contra, learned HCGP has opposed the petition and submits that some of the witnesses have partially supported the case of the prosecution, and accordingly, she prays to dismiss the petition.

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4 - NC: 2023:KHC:31876 CRL.P No. 1192 of 2023

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CWs-1 to 9 are the material witnesses and they have been already examined before the Trial Court. Except CW-2 who was examined as PW-2, the other material witnesses have not supported the case of the prosecution. Even PW-2 during the course of his examination-in-chief has deposed contrary to the statement made by him. Therefore, the learned Spl. Public Prosecutor had sought the permission of the court to treat the said witness as hostile, and accordingly, permission was granted. Petitioner is in custody ever since 16.07.2021. Under the circumstances, I am of the view that the petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.147/2021 pending before the * I Addl. District & Sessions Judge, Mandya, arising out of Crime No.129/2021 registered by Halagur Police Station, Mandya District, for the offences punishable under Sections 143, 147, 148, 302 read with 149 IPC, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the

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*Corrected vide Court Order Dt: 14.12.2023.

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NC: 2023:KHC:31876 CRL.P No. 1192 of 2023

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likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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Ravichandra H N @ Ravi v. State of Karnataka

Case brief

What is this about?

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Ravichandra H N @ Ravi v. State of Karnataka

Case brief

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