Allowed

Mr.Yateesh Kumar @ Yathee v. State of Karnataka by

Karnataka HC4 May 2023CRL.P/1655/2023

Case brief

AI extract

What is this about?

The court allowed a bail application filed under Section 439 Cr.P.C. in a murder case. The court imposed conditions including execution of bail bonds, prohibition on tampering with witnesses, cooperation with investigation, and restrictions on leaving jurisdiction.

What did the court decide?

Petitioner released on bail through self-bond of Rs.1,00,000 with two sureties for similar amount, subject to various conditions.

Mr.Yateesh Kumar @ Yathee Vs State of… — Murder and Culpable Homicide | Karnataka HC (2023)

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CRL.P No. 1655 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 MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 1655 OF 2023

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BETWEEN:

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MR. YATEESH KUMAR @ YATHEE, S/O. SHIVAKUMAR, AGED ABOUT 25 YEARS, R/AT NO.651/A, KENGERI, BAPUJI COLONY, VIDYAPEETHA ROAD, BANGALORE - 560 060.

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(NOW IN JUDICIAL CUSTODY CENTRAL PRISON, BANGALORE)

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…PETITIONER

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(BY SRI. HASAMATH PASHA , SENIOR COUNSEL FOR SRI. KARIAPPA N.A., ADVOCATE)

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Digitally signed by RAMYA D Location: High Court of Karnataka

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AND:

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STATE OF KARNATAKA BY SBI RAILWAY POLICE STATION, BENGALURU - 560 023.

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(REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001)

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…RESPONDENT

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(BY SRI. R.D. RENUKARADHAYA, HCGP)

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CRL.P No. 1655 of 2023

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THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.68/2022 OF BANGALORE CITY RAILWAY P.S., BANGALORE FOR THE OFFENCE P/U/S 143, 144, 147, 302, 201 R/W 149 OF IPC ON THE FILE OF THE LV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN S.C.NO.1876/2022 AND ETC.,

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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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Heard on bail application.

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On the basis of the complaint filed by one

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Sri.Prasanna, Bengaluru City Railway Police Station have registered a case in Crime No.68/2022 against 10-15 unknown members for commission of the offences punishable under Sections 143, 144, 147, 302, 201, 149 of IPC.

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After investigation by Investigating Officer has submitted the charge sheet against the accused Nos.1 to 8 for commission of the offences punishable under Sections 143, 144, 147, 302, 201, 149 of IPC.

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3 - CRL.P No. 1655 of 2023

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The brief facts of the prosecution that the case

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of the prosecution is that on 23.04.2022 in the night the deceased Bharat CW-2, CW-3 and CW-6 were walking on the road during Kengeri Karaga festival and at that time, accused No.7 had touched the scooter of deceased and thereafter the deceased Bharat and CW-6 questioned him and quarrel took place and accused No.7 had secured accused No.5, 6 and 8 to the spot and were talking with the deceased and CW-6. At that time, accused No.5 had informed the said fact to accused No.1 over phone. It is also alleged that the deceased Bharat and CW-26 had posted whatsapp status badly about accused No.1. Earlier CW-6 had murdered one Gowrish who is friend of accused No.1. Relating to this rivalry accused Nos.1 to 8 formed unlawful assembly and decided to commit murder of Bharat and accordingly committed the murder and tried to destroy the evidence. Thus the accused have committed the offences.

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A perusal of the charge sheet allegations, it is clear that accused No.2 has stabbed Bharat with knife.

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CRL.P No. 1655 of 2023

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Due to multiple stab on Bharat by accused No.2, the Bharat has died. The Present petitioner has not directly involved in the alleged crime. The statement under Section 164(5) of Cr.P.C. of eye witness Dileep is also recorded by the XVII Additional Chief Metropolitan Magistrate, Bengaluru in Crl.Misc.No.3822/2022 as clearly stated that accused No.2 Lovely has stabbed to Bharat with knife. Other eye witness Sri.Suryakumar has also stated in his statement under Section 164(5) Cr.P.C. that the accused Lovely who is accused No.2 has stabbed to

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Bharat. But the prosecution has alleged that all the accused have common object and committed the murder of Bharat. The present petitioner arrested on 27.04.2022. Since from the date of arrest his arrest, he is in judicial custody. Considering the nature and gravity of offence and role of the petitioner in the alleged crime, it is just and proper to release the petitioner are in bail application with conditions. Hence, I proceed to pass the following:

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CRL.P No. 1655 of 2023

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ORDER

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(i) The Criminal Petition filed under Section 439 of Cr.P.C. is allowed ;

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(ii) The petitioner shall be released on bail in the event of his arrest in Crime No.68/2022 of Bengaluru City Railway Police Station on executing a self bond for a sum of Rs.1,00,000/(Rupees Fifty Thousand only) with two sureties for the like sum to the satisfaction of the concerned Court;

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(iii) The petitioner shall not tamper or threaten the prosecution witnesses in any manner;

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(iv) The petitioner shall co-operate the Investigation Officer in the matter of investigation;

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(v) The petitioner shall not leave the jurisdiction of Court without prior permission from the concerned Court.

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(vi) The petitioner shall not commit similar offences;

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Sd/JUDGE

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CPN

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List No.: 1 Sl No.: 133

Mr.Yateesh Kumar @ Yathee v. State of Karnataka by

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Mr.Yateesh Kumar @ Yathee v. State of Karnataka by

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