Allowed

Rama v. State of Karnataka

Karnataka HC7 Sept 2023CRL.P/1354/2023

Case brief

AI extract

What is this about?

The Karnataka High Court granted regular bail to Ramas, accused No.3 in a murder case involving Sections 302 and 120B IPC. The court held that despite witness identification post-arrest, no criminal antecedents existed and a prima facie case for bail was made out upon completion of investigation.

What did the court decide?

Petitioner enlarged on bail in Crime No.234/2022 subject to personal bond of Rs.1,00,000/ with two sureties, regular appearance, non-tampering with witnesses, no similar offences, and non-leave of jur

Rama Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC:32165 CRL.P No. 1354 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO.1354 OF 2023

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BETWEEN:

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RAMA S/O RAJANNA, AGED ABOUT 27 YEARS, R/AT KOOLAGERE VILLAGE, C.A.KERE HOBLI, MADDURU TALUK, MANDYA DISTRICT - 571 437.

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…PETITIONER

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(BY SRI. N.S.SHIVASHANKARA, ADVOCATE)

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AND:

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STATE OF KARNATAKA STATE BY AKKURU P.S. REPTD BY HIGH COURT GOVT PLEADER, HIGH COURT OF KARNATAKA, Digitally signed BENGALURU - 560 001. by MADHURI S Location: HIGH (BY SMT. N ANITHA GIRISH, HCGP) COURT OF KARNATAKA

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC PRAYING TO ENLARGING THE PETITIONER IN CRIME NO.234/2022 OF AKKURU POLICE STATION, ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C AT CHANNAPATNA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 120(B) R/W 34 OF IPC IN THE INTEREST OF JUSTICE.

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

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2 - NC: 2023:KHC:32165 CRL.P No. 1354 of 2023

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ORDER

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Accused No.3 in Cr.No.234/2022 registered by the

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Akkur Police Station, Ramanagara District for the offences punishable under Sections 302, 120B read with Section 34 of IPC, is before this Court seeking regular bail.

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Heard learned counsel for the parties.

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On the basis of the complaint lodged by Smt.Asha dated 29.10.2022 Akkur police have registered FIR in Crime No.234/2022 initially for the offence punishable under Section 302 read with Section 34 I.P.C against Moganna, Umesh and others. In the complaint, it is stated that complainant's brother Shivu was accused in criminal case, wherein the offences punishable under the provisions of POCSO Act were invoked against him. The minor daughter of accused No.1 - Moganna was the victim in the said case. After Shivu was released on bail in the said case, accused Nos.1 and 2 had come to the house of the complainant's mother on 28.10.2022, at about 11.45 p.m. and had assaulted Shivu with clubs and thereafter

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NC: 2023:KHC:32165 CRL.P No. 1354 of 2023

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taken him along with them in their motor bikes. On 29.10.2022 at about 6.30 a.m, the dead body of Shivu was found on the outskirts of the village. Thereafter, the complainant had lodged the complaint, which had resulted in registering FIR in Crime No.234/2022 against Moganna, his brother-in-law Umesh and others.

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During the course of investigation, the

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petitioner was arrested on 30.10.2022. Investigation in the case is completed and charge sheet has been filed. The petitioner's bail application filed in Crl.Misc.33/2023 before the III Additional District and Sessions Judge, Ramanagara was dismissed on 20.01.2023. It is under these circumstances, the petitioner is before this Court.

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Learned counsel for the petitioner has reiterated the grounds urged in the petition and submits that accused No.3 has not been identified in the case. He is in judicial custody since 30.10.2022. He submits that investigation in the case is completed and charge sheet has been filed and accordingly, prays to allow the petition.

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4 - NC: 2023:KHC:32165 CRL.P No. 1354 of 2023

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6. Per contra, learned HCGP has opposed the bail

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application and submits that petitioner/accused No.3 has accompanied accused Nos.1 and 2 to the house of CW-2 and CW-2 has seen all the accused and her statement is

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recorded, wherein she has identified accused No.3. Therefore, he is not entitled for bail and prays to dismiss the petition.

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7. Perusal of the charge sheet materials would go

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to show that, accused Nos.1 and 2 had strong motive to

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murder deceased Sathish, who was accused in the criminal

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case, which was registered against him for the offences under the provisions of POCSO Act, wherein the minor daughter of accused No.1 was the victim. It is in this background on 28.10.2022, accused Nos.1 and 2 had visited the house of Shivu along with another person and after assaulting him, they had taken him away with them.

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The mother of deceased Shivu who was in the house had identified accused Nos.1 and 2, but she had stated that third person who was along with accused Nos.1 and 2 was

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5 - NC: 2023:KHC:32165 CRL.P No. 1354 of 2023

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a stranger. However, after registration of criminal case, the police have not recorded her statement immediately. It is only after accused No.3 was arrested on 30.10.2022 her statement was recorded and in her statement, she has named accused No.3, though as per the complaint averments accused No.3 was a stranger to CW-2.

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It is not in dispute that the petitioner has no criminal antecedents. Investigation in the case is completed and charge sheet has been filed. Under these circumstances, I am of the considered view that the petitioner has made out prima facie case for grant of regular bail.

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Accordingly, the petition is allowed. The petitioner - accused No.3 is directed to be enlarged on bail in Crime No.234/2022 registered by the Akkur Police Station, Ramanagara for the offences punishable under Sections 302, 120B read with Section 34 of IPC, subject to the following conditions:

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6 - NC: 2023:KHC:32165 CRL.P No. 1354 of 2023

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a. The petitioner shall execute personal bond for a sum of Rs.1,00,000/(Rupees One lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court/concerned 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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List No.: 1 Sl No.: 24

Rama v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Rama v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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