Allowed

Sri Buddappa Alis Bhaskar v. State

Karnataka HC10 Oct 2023CRL.P/5992/2023

Case brief

AI extract

What is this about?

This High Court of Karnataka allowed a bail petition filed under Section 439 Cr.P.C. for the accused in a murder case. The judgment granted regular bail subject to standard conditions including execution of bond and appearance before the trial court.

What did the court decide?

Petitioner released on bail by executing a personal bond for Rs. 2,00,000/- with one surety for the likesum to the satisfaction of the concerned Police Station/jurisdictional court.

Sri Buddappa Alis Bhaskar Vs State — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC:36729 CRL.P No. 5992 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^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.5992 OF 2023

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BETWEEN:

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SRI BUDDAPPA @ BHASKAR S/O NARASAPPA AGED 46 YEARS, PERMANENT R/AT JAMMANAPALLI GRAMA, MADAKASHIRA, ANANTHAPURA DISTRICT – 515 001 ANDRA PRADESH STATE.

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PRESENTLY R/AT NO.1, 17^TH CROSS, RAJANNA BUILDING, NEAR SAIBABA DEVASTHANA, KONDAPPA LAYOUT, YELAHANKA, BANGALURU – 560 064.

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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(BY SRI NAUSHAD PASHA, ADVOCATE)

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AND:

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…PETITIONER

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STATE BY SOLADEVANAHALLI P.S. BANGALORE RURAL DISTRICT - 562130 REPRESENTED BY SPP HIGH COURT OF KARNATAKA HIGH COURT BUILDING BANGALORE - 560001

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…RESPONDENT

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(BY SMT.N.ANITHA GIRISH, HCGP)

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2 - NC: 2023:KHC:36729 CRL.P No. 5992 of 2023

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THIS CRL.P IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.38/2023 VIDE CC NO. 4302/2023 OF RESPONDENT POLICE, SOLADEVANAHALLI FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 302, 201 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE HONBLE CHIEF JUDICIAL MAGISTRATE, BENGALURU RURAL AT BENGALURU, IN THE INTEREST OF JUSTICE 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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Accused No.3 in Crime No.38/2023 registered by

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Soladevanahalli Police Station, Bangalore City, for the offences punishable under Sections 302 and 201 read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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On the basis of the complaint dated 09.02.2023

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lodged by Prasad son of Kaderappa, Soladevanahalli Police had registered FIR in Crime No.38/2023 against unknown

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persons for the offences punishable under Sections 302 and 201 read with Section 34 of IPC. The complainant who is the brother of the deceased-Sridhar has averred that

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3 - NC: 2023:KHC:36729 CRL.P No. 5992 of 2023

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Sridhar was working as a physiotherapist and for the last 3 to 4 days he haf not gone to duty and was staying at home. On 04.02.2023 he had gone out without informing anybody. Attempts made to contact him went in vain and his mobile phone was switched off. On 09.02.2023 complainant was informed that within the jurisdiction of Soladevanahallli police station, a dead body of a man was found on 07.02.2023. The complainant, therefore, had visited Soladevanahalli Police Station and subsequently identified the dead body of his brother at Victoria hospital.

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The dead body was half burnt. The complainant had identified the dead body on the basis of left earing of Sridhar and the mark which he had on his forehead. Thereafter, he approached the police and lodged the complaint on 09.02.2023, based on which, FIR in Crime No.38/2023 was registered.

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During the course of investigation in the said case, petitioner was arrested on 22.02.2023. The investigation in the case was completed and charge sheet

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4 - NC: 2023:KHC:36729 CRL.P No. 5992 of 2023

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was filed totally against three accused persons. The petitioner was arraigned as accused No.3 in the charge sheet. His bail application filed before VI Addl. District & Sessions Judge, Bangalore Rural District, Bangalore, in Crl.Misc.No.1087/2023 was rejected on 19.06.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the case of the prosecution is based on circumstantial evidence. Even if the charge sheet allegation is presumed to be true, there is no overt-act alleged against the petitioner. The petitioner allegedly had held deceasedSridhar so as to enable accused No.1 to assault. The petitioner who has no criminal antecedents is in custody from 22.02.2023 onwards. Accordingly, prays to allow the petition.

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Learned HCGP has opposed the bail petition.

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She submits that there is sufficient material to connect the accused persons to the crime and accordingly, he prays to dismiss the petition.

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5 - NC: 2023:KHC:36729 CRL.P No. 5992 of 2023

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The entire case of the prosecution is based on circumstantial evidence. As per the charge sheet

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allegations, accused persons and deceased-Sridhar were friends. Since, deceased-Sridhar earlier had abused accused persons after consuming alcohol, all the accused persons had ill-will against him and they had decided to murder him. On 04.02.2023 the accused persons allegedly took him in the autorickshaw of accused No.2 to the house at Kempapura and in the said house made Sridhar to consume alcohol and thereafter, when accused Nos.2 and 3 held him, accused No.1 allegedly assaulted Sridhar with machete on his head. Subsequently, accused No.1 also assaulted Sridhar on his neck and accused No.2 allegedly assaulted Sridhar with another machete on his neck. The allegation made against the petitioner is that he had held Sridhar to facilitate accused No.1 to assault him. The allegation as against accused persons is to be proved in a full-fledged trial. The petitioner who has no criminal antecedents is in custody from 22.02.2023 onwards.

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NC: 2023:KHC:36729 CRL.P No. 5992 of 2023

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The investigation of the case is completed and charge sheet is filed.

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Under the circumstances, I am of the view that the petitioner’s prayer for grant of regular bail is required to be answered in affirmative. Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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The petitioner is directed to be released on bail in Crime No.38/2023 pending on the file of Chief Judicial Magistrate, Bangalore Rural District, Bangalore, which was registered by Soladevanahallli Police, Bangalore, for the offences punishable under Sections 302 and 201 read with Section 34 of IPC, subject to following conditions:

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i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with one surety for the likesum to the satisfaction of the concerned Police Station/jurisdictional court;

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ii. The petitioner shall not indulge in tampering the prosecution witnesses either directly or indirectly;

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NC: 2023:KHC:36729 CRL.P No. 5992 of 2023

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iii. The petitioner shall appear before the trial court on all hearing dates unless his appearance is exempted by the said court for valid reasons;

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iv. The petitioner shall not leave the jurisdiction of the Trial Court without prior permission from the said court;

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v. The petitioner shall not involve himself in similar offences in future.

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SD/JUDGE

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List No.: 1 Sl No.: 33

Sri Buddappa Alis Bhaskar v. State

Case brief

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Sri Buddappa Alis Bhaskar v. State

Case brief

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