Allowed

Vasantha v. State of Karnataka by

Karnataka HC29 Mar 2023CRL.P/1872/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka awarded bail in a successive bail petition for murder, holding that since material prosecution witnesses turned hostile and the dead body with weapons were recovered, the petition deserves allowance despite sections 302, 201, and 120(B) IPC charges. Bail granted subject to personal bond and conditions.

What did the court decide?

Release of petitioner/accused No.2 on bail subject to executing a personal bond of Rs. 2,00,000 with two sureties and complying with specific conditions.

Vasantha Vs State of Karnataka by — Criminal Trial and Appeal | Karnataka HC (2023)

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1 - CRL.P No. 1872 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 1872 OF 2023

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BETWEEN:

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VASANTHA S/O PRASANNA.M AGED ABOUT 32 YEARS, R/A D.NO.TUPE 1/6, R.I.E. COLLEGE QUARTERS, NEAR PARK, OPP TRUE VALUE SHOW ROOM, BOGADI-GADDIGE MAIN ROAD, BOGADI II STAGE MYSURU-560 026

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…PETITIONER

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(BY SRI NISHIT KUMAR SHETTY, ADVOCATE)

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Digitally (BY SRI NISHIT KUMAR SHETTY, ADVOCATE) signed by CHAITHRA AND: A Location: STATE OF KARNATAKA BY High Court SHO, SARASWATHIPURAM POLICE STATION, of Karnataka MYSURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001

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…RESPONDENT

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(BY SRI B J ROHITH, HCGP-STATE)

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CRL.P No. 1872 of 2023

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THIS CRL.P IS FILED U/S.439 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.108/2021 REGISTERED BY SARASWATHIPURAM POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 302, 201, 120(B) R/W 34 OF IPC, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU IN S.C.NO.277/2021.

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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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This is the successive bail petition filed by the petitioner - accused No.2 under Section 439 Cr.P.C for granting bail in S.C.No.277/2021 registered by the Saraswathipuram Police Station, Mysuru in Crime No.108/2021 charge sheeted for the offence punishable under Sections 302, 201 and 120(B) read with 34 of IPC pending on the file of the II Additional District and Sessions Judge, Mysuru.

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Heard the arguments of the learned counsel

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appearing for the petitioner and learned High Court Government Pleader for the respondent - State.

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CRL.P No. 1872 of 2023

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The case of the prosecution is that, on the

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missing complaint of the sister of the deceased filed on 25.08.2021 that the deceased Umesh @ Bosi was missing, and she has suspected accused No.1, who might have committed the murder of the deceased Umesh @ Bosi, the complaint was registered by the Saraswathipuram Police Station in Crime No.108/2021. A case was registered against the deceased on the complaint of accused No.1 in Crime No.56/2021. Subsequently, accused No.1 was arrested and recorded voluntary statement, where he has confessed that he has committed the murder of the deceased along with accused Nos.2 to 4 and thereafter, buried the dead body near a graveyard. On voluntary statement of the accused, the police have recovered the dead body, weapons as well as stone. Under the panchanama, it is stated that the petitioner was arrested on 01.09.2021 and remanded to the judicial custody. His earlier bail petition came to be rejected and hence, the petitioner is before this Court by filing a successive bail petition.

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CRL.P No. 1872 of 2023

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Having heard the arguments of the learned

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counsel appearing for the petitioner and perused the records, firstly this Court rejected the bail petition with a liberty to approach this Court after examination of the material witnesses. Though the learned counsel for the petitioner submits that C.Ws.5 and 6 are the circumstantial witnesses, who have seen the deceased with the company of the accused persons, have been examined, they have turned hostile to the case of the prosecution and not supported the case of the prosecution. The learned counsel further submits that accused Nos.1 and 2, who gave extra judicial confession before C.W.3 and 4 and the said witnesses also examined and they have turned hostile to the case of the prosecution and not support of the prosecution case.

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Based upon on the evidence recorded by the Trial Court in respect of the circumstances, the Co-ordinate Bench of this Court has already granted bail to accused Nos.3 and 4 and this Court has also given

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CRL.P No. 1872 of 2023

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opportunity to approach this Court after examination of those witnesses. Now, the material witnesses also examined and they have turned hostile to the case of the prosecution and not supported the case of the prosecution and considering the fact that the police have recovered the weapons and dead body, this petition deserves to be allowed.

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Therefore, without expressing any opinion on the merits of the case and by imposing certain conditions, if the petitioner/accused No.2 is granted bail, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:

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ORDER

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The criminal petition is allowed .

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The Trial Court is directed to release the

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petitioner/accused No.2 on bail in Crime No.108/2021 of Saraswathipuram Police Station, subject to the following conditions:-

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CRL.P No. 1872 of 2023

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i) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;

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ii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

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iii) Petitioner shall not indulge himself in similar offences strictly;

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iv) Petitioner shall take the trial without causing any delay; and

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v) Petitioner shall not leave the jurisdiction of this Court without prior permission.

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If any of the conditions are violated, the prosecution

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is at liberty to file an application for cancellation of bail.

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Sd/JUDGE

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NBM

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List No.: 1 Sl No.: 7

Vasantha v. State of Karnataka by

Case brief

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Vasantha v. State of Karnataka by

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