Allowed

Deepak Jerald v. State by

Karnataka HC7 Sept 2023CRL.P/3537/2023

Case brief

AI extract

What is this about?

In a criminal petition for regular bail under Section 439 Cr.P.C in a murder case, the Single Judge held that the petitioner made out a prima facie case as no overt acts were alleged against him. Regular bail was granted subject to security deposit and restrictions on jurisdiction and witness tampering.

What did the court decide?

Regular bail granted subject to execution of personal bond with sureties, regular appearance before Trial Court, no tampering with witnesses, and not leaving jurisdiction without permission.

Deepak Jerald Vs State by — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC:32163 CRL.P No. 3537 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.3537 OF 2023

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BETWEEN:

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DEEPAK JERALD S/O ASHOKA AGED ABOUT 25 YEARS RESIDING AT NO.69 ANJANEYA BUILDING 1^ST MAIN, 4^TH CROSS BYAPPA COLONY OLD BYAPPANAHALLI BENGALURU - 560 033

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…PETITIONER

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(BY SRI. MOHAMMED PASHA C, ADVOCATE)

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AND:

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Digitally signed by MADHURI S Location: HIGH COURT OF KARNATAKA

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STATE BY POLICE INSPECTOR BYAPPANAHALLI POLICE STATION BENGALURU REPRESENTED BY STATE HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. N.ANITHA GIRISH, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO a) GRANT REGULAR BAIL TO THE PETITIONER IN S.C.NO.2208/2022 FROM THE FILE OF THE LEARNED XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, (CCH-20) MAYO HALL UNIT, BENGALURU FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302 R/W SECTION 34 OF IPC BY BYAPPANAHALLI POLICE INSPECTOR IN

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2 - NC: 2023:KHC:32163 CRL.P No. 3537 of 2023

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CR.NO.117/2022 AND BE PLEASED TO DIRECT THE PETITIONERS RELEASE FROM THE JUDICIAL CUSTODY BY IMPOSING ANY CONDITIONS WHICH THIS HON'BLE COURT MAY DEEM FIT UNDER THE CIRCUMSTANCES OF THE CASE AND ALLOW THIS CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY; b) PASS SUCH OTHER ORDER/S AS DEEMED FIT UNDER CIRCUMSTANCES OF THE CASE AND ALLOW THE PETITION FILED BY THE PETITIONER SEEKING REGULAR BAIL IN THE INTEREST OF JUSTICE AND EQUITY.

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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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Accused No.2 in S.C.NO.2208/2022 pending before the Court of XXVI Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru arising out of Crime No.117/2022 registered by the Byappanahalli Police Station, Bengaluru for the offence punishable under Section 302 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 of Mahesh dated 03.09.2022, FIR in Crime No.117/2022 was registered by Byappanahalli Police Station for the offence punishable under Section 302 of I.P.C against Rakesh and another. In the complaint, it is averred that complainant's son Sathish was married to Swarna about a month prior to the date of the

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NC: 2023:KHC:32163 CRL.P No. 3537 of 2023

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complaint. Swarna allegedly was in love with accused No.1 - Rakesh. It is in this background accused No.1 had earlier quarreled with Sathish.

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On 02.09.2022, at about 9.45 p.m. when complainant came home, Sathish who was at home subsequently went out. Thereafter, he received the information that accused No.1 Rakesh had informed Smt.Maheshwari that he had murdered Sathish and the body was near Byappanahalli Fly over. Immediately, complainant went to the said spot and he was informed that dead body was taken to the hospital. Thereafter, the complainant went to the hospital and identified the body of his son. On enquiry, the complainant was informed that Rakesh and another had assaulted his son. It is in this background on 03.09.2022, at about 00:15:00 hours, complainant had approached the police station and lodged a complaint, which has resulted in registering FIR in Crime No.117/2022 by Byappanahalli Police Station against Rakesh and another.

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During the course of investigation, the petitioner was arrested on 08.10.2022. Investigation in the case is

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4 - NC: 2023:KHC:32163 CRL.P No. 3537 of 2023

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completed and charge sheet is filed. His bail application filed under Section 439 of Cr.P.C in Cr.Misc.No.26090/2022 on the file of XXVI Addl.City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru was dismissed on 18.01.2023. Under these circumstances, the petitioner is before this Court.

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Learned counsel for the petitioner submits that there is no overt act against the petitioner and submits that he has no criminal antecedents. He is in judicial custody from 08.10.2022. He submits that investigation in the case is completed and charge sheet is filed. Hence, prays to allow the petition.

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Per contra, learned HCGP has opposed the bail application and prays to dismiss the petition.

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From the complaint averments, as well as the charge sheet allegations, it is seen that it is only accused No.1 - Rakesh who had motive to kill deceased Sathish. On 02.09.2022, accused No.2 had allegedly accompanied accused No.1. The allegations against accused No.2 is that, he along with accused No.1 had chased Sathish. The allegations of assault on Sathish with the knife is only as against accused

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5 - NC: 2023:KHC:32163 CRL.P No. 3537 of 2023

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No.1. There are no overt acts of assault on the deceased made against the petitioner. The petitioner is in custody since 08.10.2022. Investigation in the case is completed and charge

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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.2 is directed to be enlarged on bail in Crime No.117/2022 registered by the Byappanahalli Police Station, Bengaluru for the offence punishable under Section 302 of IPC, subject to the following conditions:

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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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NC: 2023:KHC:32163 CRL.P No. 3537 of 2023

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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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RR List No.: 1 Sl No.: 26

Deepak Jerald v. State by

Case brief

What is this about?

What did the court decide?

Deepak Jerald v. State by

Case brief

What is this about?

What did the court decide?

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