Allowed

Ajith Kumar K @ Ajit v. the State of Karnataka by

Karnataka HC9 Oct 2023CRL.P/3794/2023

Case brief

AI extract

What is this about?

This criminal petition was filed to enlarge the petitioner on bail in a murder case under Sections 302 IPC and Arms Act. The High Court allowed the bail application, noting that other similarly situated accused had already been granted bail after investigation and charge sheet filing.

What did the court decide?

The petitioner was enlarged on bail subject to execution of a personal bond of Rs. 1,00,000 with one surety and conditions regarding appearance and conduct.

Ajith Kumar K @ Ajit Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC:36647 CRL.P No. 3794 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF OCTOBER, 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. 3794 OF 2023

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BETWEEN:

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AJITH KUMAR K @ AJIT S/O KUMAR M AGED ABOUT 23 YEARS R/AT NO 153, JCW NAGARA SHESHADRIPURAM BANGALORE CITY - 560 020.

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…PETITIONER

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(BY SRI M. PARTHA, ADV.)

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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AND:

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THE STATE OF KARNATAKA BY SHESHADRIPURAM POLICE STATION BANGALORE, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARANTAKA, BANGALORE - 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.128/2022 (S.C.NO.346/2023) OF SHESHADRIPURAM POLICE STATION, OFFENCE P/U/S 201,504,506,120(b),109,341,143,144,147,148,302 R/W 149 OF IPC AND 4,25 (1b) (b) OF ARMS ACT, PENDING ON THE FILE LXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE, (CCH-62).

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

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NC: 2023:KHC:36647 CRL.P No. 3794 of 2023

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ORDER

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Accused No.7 in S.C.No.346/2023 pending on the file of LXI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.128/2022 registered by Seshadripuram Police Station, Bengaluru City for the offences punishable under Sections 201, 504, 506, 120B, 109, 341, 143, 144, 147, 148, 149, 302 of IPC & Sections 4, 25(1B)(B) of Arms Act, is before this Court under Section 439 of Cr.PC.

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Heard the learned counsel for the parties.

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It is the case of the prosecution that there was a dispute between accused No.1 and deceased Ganesh in connection with distribution of milk supplied by BBMP during Covid-19 and quarrel had taken place between the groups and cases were registered against each other. Accused No.1 was allegedly nurturing ill-will against deceased Ganesh and he had conspired with other accused persons to commit the murder of Ganesh. In furtherance of the said conspiracy on 13.09.2022 at about 8.30 a.m, when the deceased was near the shop of Swagath, the accused persons having formed an unlawful assembly with the common object of committing the murder of Ganesh had

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NC: 2023:KHC:36647 CRL.P No. 3794 of 2023

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assaulted him with longs, dragger, chopper etc., all over his body. Immediately, Ganesh was shifted to hospital. Initially, FIR was registered against five named accused and other unknown persons on the complaint of the father of Ganesh. In the complaint it is averred that, complainant's son Ganesh was assaulted and he had suffered grievous injuries and he had suspected the hands of five named persons who were arrayed as accused Nos.1 to 5 in the FIR. Subsequently, Ganesh who was admitted to hospital had succumbed to the injuries, and therefore, Section 302 of IPC was invoked against the accused persons. During the course of investigation, the petitioner was arrested on 13.09.2022. The bail application under Section 439 of Cr.PC, filed by the petitioner before the court of LXI Addl. City Civil & Sessions Judge, Bengaluru, in Crl. Misc. No.2891/2023 was dismissed on 19.04.2023. It is under these circumstances, the petitioner is before this court.

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Learned Counsel appearing for the petitioner having reiterated the grounds urged in the petition submits that the allegation against the petitioner is that he had conspired with the other accused persons to commit the murder of deceased

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NC: 2023:KHC:36647 CRL.P No. 3794 of 2023

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Ganesh. He submits that similarly situated other accused persons have been already enlarged on bail.

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Per contra , learned HCGP has opposed the petition.

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The charge sheet would reveal that accused No.7 had waylaid the deceased and accused No.6 instigated other accused persons to commit the murder of the deceased Ganesh and when he tried to escape, accused No.14 assaulted Ganesh with iron long on his neck and subsequently Ganesh was assaulted by accused Nos.6, 9, 13, 16, 11, 15 & 17 with weapons like long, dragger, chopper etc., After committing the murder, aforesaid accused persons escaped from the spot in the autorikshaw which belonged to accused Nos.10 and 6.

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The material available on record would go to show that the petitioner is the son of accused no.1 who is the main conspirator to commit the murder of deceased Ganesh. The allegation against the petitioner is that he also had participated along with the accused persons for committing the murder of Ganesh. This Court has granted regular bail to the accused who have not actually participated in the crime by assaulting deceased Ganesh. Accused no.5 has been granted regular bail

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NC: 2023:KHC:36647 CRL.P No. 3794 of 2023

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in Crl.P.No.7894/2023, accused no.8 has been granted regular bail in Crl.P.No.8760/2023, accused no.10 has been granted regular bail in Crl.P.No.5353/2023 and accused no.20 has been granted regular bail in Crl.P.No.3784/2023. Petitioner is in custody from 13.09.2022. Investigation in the case has been completed and charge sheet has been filed. Under the circumstances, I am of the view that even the prayer of the petitioner herein for grant of regular bail is required to be granted.

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Accordingly, the petition is allowed . The

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petitioner/accused No.7 is directed to be enlarged on bail in S.C.No.346/2023 pending on the file of LXI Addl. City Civil & Sessions Judge, Bengaluru arising out of Crime No.128/2022 registered by Seshadripuram Police Station, Bengaluru City for the offences punishable under Sections 201, 504, 506, 120B, 109, 341, 143, 144, 147, 148, 149, 302 of IPC & Section 4, 25(1B)(B) of Arms Act, 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 lakhs only) with one surety for

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NC: 2023:KHC:36647 CRL.P No. 3794 of 2023

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the 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 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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Ajith Kumar K @ Ajit v. the State of Karnataka by

Case brief

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Ajith Kumar K @ Ajit v. the State of Karnataka by

Case brief

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