Allowed

Santhosh Poojary v. State of Karnataka

Karnataka HC27 Oct 2023CRL.P/7806/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka granted regular bail to the petitioner charged with offences under sections 324, 326 and 307 of the IPC involving grievous hurt and attempted murder, finding him eligible despite a prior rejected bail application.

What did the court decide?

Petitioner released on bail executing a personal bond of Rs. 2,00,000 with two sureties, subject to conditions against tampering with witnesses, restricting movement, and regular appearance.

Santhosh Poojary Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:38097 CRL.P No. 7806 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 27^TH DAY OF OCTOBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

¶6

CRIMINAL PETITION NO. 7806 OF 2023

¶7

BETWEEN:

¶8

SANTHOSH POOJARY, S/O SHANKAR, AGED ABOUT 22 YEARS, R/AT RAMAKRISHNA THAPOVAN, NEAR SHREE RAJESHWARY TEMPLE, KARIYANAGALA VILLAGE, POLALI, BANTWAL TALUK, D. K. DISTRICT - 574153, PRESENTLY RESIDING AT MUDGAL GUDDE HOUSE, BANTWAL, KASABA VILLAGE, BANTWAL TALUK, D.K. DISTRICT-574 219. (THE PETITIONER IS IN JUDICIAL CUSTODY)

¶9

…PETITIONER

¶10

(BY SRI NISHIT KUMAR SHETTY, ADVOCATE)

¶11

AND:

¶12

Digitally signed by HARSHITHA B Location: High Court Of Karnataka

¶13

STATE OF KARNATAKA, BY SHO,BANTWAL TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

¶14

…RESPONDENT

¶15

(BY SRI RAHUL RAI, HCGP)

¶16

THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.48/2023 OF BANTWALA TOWN P.S., D.K., FOR THE OFFENCE P/U/S 324,326,307 OF IPC ON THE FILE OF THE ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT, BANTWALA D.K., DISTRICT AND ETC.,

¶17

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

¶18

¶19

NC: 2023:KHC:38097 CRL.P No. 7806 of 2023

¶20

ORDER

¶21

The accused in Crime No.48/2023 registered by Bantwala Town police Station, Dakshina Kannada District, for the offences punishable under Sections 324, 326 and 307 of Indian Penal Code (hereinafter for short referred to as ‘IPC’) is before this Court under Section 439 of Cr.P.C. seeking regular bail.

¶22

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

¶23

On the statement of the injured Shivaraj Kulal dated 21.05.2023, FIR was registered in Cr.No.48/2023 by the Bantwala Town police station, Dakshina Kannada District against the petitioner herein initially for the offences punishable under Sections 324, 326 and 307 of IPC.

¶24

On 21.05.2023 at about 00.45 hours, the injured Shivaraj Kulal had received a phone call from unknown number and the petitioner who had made the said call informed Shivaraj Kulal that he intended to speak to him and asked him to come near Ganesh store at Arabbigudde. Accordingly, the petitioner went near Ganesh store at Arabbigudde and reached

¶25

¶26

NC: 2023:KHC:38097 CRL.P No. 7806 of 2023

¶27

at about 1.00 am. The petitioner who was present at the said spot spoke to him about his sister, whom the injured had agreed to marry. When the injured tried to evade the question posed by petitioner, he got enraged and assaulted him with a talawar on his neck and also his left hand and as a result, he suffered grievous injuries and his left hand palm was amputated. Immediately, thereafter, he was shifted to the hospital by his friends and his statement was recorded at about 9.00 am on 21.05.2023 in the hospital. Based on the same, FIR in Cr.No.48/2023 was registered against the petitioner. During the course of investigation in the said case, petitioner was arrested on 26.05.2023. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences.

¶28

The bail application filed by the petitioner under Section 439 of Criminal Procedure before the VI Addl.District and Sessions Judge, D.K., Mangaluru in Criminal Misc.Case No. 543/2023 was rejected on 04.07.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.

¶29

Learned counsel for the petitioner submits that the

¶30

injured who had earlier agreed to marry the sister of the

¶31

¶32

NC: 2023:KHC:38097 CRL.P No. 7806 of 2023

¶33

petitioner had thereafter backed out from his assurance and he had continued to tease the sister of the petitioner and therefore the alleged incident had taken place on 21.05.2023. He submits that the injured has a similar history of teasing other women and earlier a case was registered against him in Cr.No.49/2022 by Mangalore Women Police Station for the offences punishable under Sections 354(D), 504, 506, 307, 323, 354 of IPC. He submits that the investigation in the case is completed. Accordingly, prays for grant of regular bail.

¶34

Per contra, learned High Court Government Pleader opposed the bail petition and submits that the injured has suffered grievous injuries and therefore petitioner is not entitled for bail.

¶35

In the complaint itself it is mentioned that the injured had earlier agreed to marry the sister of the petitioner herein and for certain reasons said marriage did not happen. Therefore, petitioner had vengeance against the injured.

¶36

Learned counsel for the petitioner has submitted that the injured has a history of teasing and cheating women and a case in Cr.No.49/2022 was earlier registered against him

¶37

5 - NC: 2023:KHC:38097 CRL.P No. 7806 of 2023

¶38

for the offences punishable under Sections 354(D), 504, 506, 307, 323, 354 of IPC.

¶39

The alleged incident on 21.05.2023 has happened at about 1.00 a.m. and except the petitioner and the injured, no one was present at the spot. Injured/complainant is the prime witness in the present case and question of tampering said witness by the petitioner does not arise. The petitioner is aged about 22 years. He has no criminal antecedent. He is in custody from 26.05.2023. The investigation in the case is completed and charge sheet has been filed. Petitioner's custody is not required by the prosecution for any purpose. The weapon used by the petitioner for committing the offence is also recovered.

¶40

Under these circumstances, this Court is of the view that the petitioner has made out a case for grant of regular bail.

¶41

Accordingly, the following:

¶42

ORDER

¶43

(i) The petition is allowed.

¶44

(ii) The petitioner is directed to be released on bail in Cr.No.48/2023 by the Bantwala Town

¶45

6 - NC: 2023:KHC:38097 CRL.P No. 7806 of 2023

¶46

Police Station, Dakshina Kannada, for the offences punishable under Sections 324, 326 and 307 of IPC subject to the following conditions:-

¶47

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

¶48

b. He shall not tamper with the prosecution witnesses either directly or indirectly;

¶49

c. He shall appear before the Trial Court regularly on all dates of hearing unless his presence is dispensed with the Trial Court for valid reasons.

¶50

d. He shall not leave the jurisdiction of the Court without prior permission from the said Court till the disposal of the case.

¶51

e. Petitioner shall not involve in similar Cases in future.

¶52

Sd/JUDGE

¶53

List No.: 1 Sl No.: 23

¶54

Santhosh Poojary v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Santhosh Poojary v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Clement George. J Vs State of Karnataka by

Surendra Thapa Vs the State of Karnataka

Shivaraju @ Kulla Shivaraju Vs the State of Karnataka by

Rakesh K S Vs State of Karnataka by

Lohith @ Lovely Vs State by Karnataka by

Chandrashekhar @ Chandru Vs the State of Karnataka by