Allowed

Shanthkumar v. State by

Karnataka HC9 Oct 2023CRL.P/7812/2023

Case brief

AI extract

What is this about?

High Court allowed bail to the accused charged with murder (IPC 302) pending before the Sessions Court. The Court noted that all material witnesses except one had turned hostile, and the eyewitness failed to positively identify the accused despite two physical appearances.

What did the court decide?

Petitioner released on bail by executing a personal bond of Rs. 1,00,000/- with one surety, subject to conditions of regular appearance and non-interference.

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

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1 - NC: 2023:KHC:36485 CRL.P No. 7812 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 CRIMINAL PETITION NO. 7812 OF 2023

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Between:

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Digitally signed by VEERENDRA KUMAR K M Location: HIGH COURT OF KARNATAKA

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Shanthkumar, S/o. Nagaraju, Aged about 29 years, Residing at No. 174, 1st Main, 1st Cross, Jai Maruthi Nagara, Nandini Layout, Bengaluru-560 096. (By Sri. Veeranna G.Tigadi, Advocate) And:

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…Petitioner

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State by Basaveshwaranagar Police Station, Represented by State Public Prosecutor, High Court Complex, Bengaluru-560001. …Respondent (By Smt. Sowmya R., HCGP) This Criminal Petition is filed under section 439 Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.1776/2022 (Cr.No.98/2022) of Basaveshwara Nagar Police Station, Bengaluru City for the offence p/u/s 302 of IPC on the file of the LXV Additional City Civil and Sessions Judge, at Bengaluru This Criminal Petition, coming on for orders, this day, the court made the following:

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2 - NC: 2023:KHC:36485 CRL.P No. 7812 of 2023

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ORDER

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Accused in S.C.No.1776/2022 pending on the file of LXV Additional City Civil and Sessions Judge, Bengaluru City (CCH-66), arising out of crime No.98/2022 registered by Basaveshwara Nagara Police Station, Bengaluru City for the offence punishable under Section 302 of Indian Penal Code (for short hereinafter referred to as 'IPC'), is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned Counsel for the

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

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Based on the complaint lodged by Siddaraju on 21.06.2022, FIR in Crime No.98/2022 was registered by the Basaveshwara Nagara police station, Bengaluru City for the offence punishable under Section 302 of IPC against the petitioner.

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NC: 2023:KHC:36485 CRL.P No. 7812 of 2023

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In the complaint it is averred that the

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complainant's mother had informed him, that his brother Shivamadhu was assaulted by the petitioner herein with a knife after they had quarreled with each other for a sum of Rs.50/- and as a result of the said assault, Shivamadhu had sustained a stab injury on his chest and he was shifted to Chord Road Hospital, Basaveshwara Nagara. Immediately thereafter, the petitioner and his parents went to the hospital and on enquiry from the friends of Shivamadhu, they

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came to know about the incident that had taken place at around 07.30pm on the said day, wherein the petitioner had allegedly stabbed Shivamadhu with a knife after they had quarreled for a sum of Rs.50/-, Shivamadhu died in the hospital and thereafter the complainant approached the police and lodged the complaint which had resulted in registering FIR in Crime No.98/2022 for the aforesaid offence against the petitioner.

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4 - NC: 2023:KHC:36485 CRL.P No. 7812 of 2023

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During the course of investigation the petitioner was arrested on 23.06.2022 and

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remanded to judicial custody and after completing the investigation charge sheet was filed against him.

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The bail application filed by the petitioner under Section 439 of Code of Criminal Procedure before the LXV Additional City Civil and Sessions Judge, Bengaluru City in S.C.No.1776/2022 was dismissed on 24.06.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that all the material charge sheet witnesses have been examined before the trial court and none of them have supported the case of prosecution. He submits that the eye witnesses

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5 - NC: 2023:KHC:36485 CRL.P No. 7812 of 2023

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have turned hostile and accordingly prays to allow the petition.

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Government Pleader opposed the bail petition and submits that CW10 who was examined as PW9 has supported the case of prosecution. He is one of

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the eye witnesses to the incident. Accordingly she prays to dismiss the petition.

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During the course of trial in

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S.C.No.1776/2022, witness summons was issued to

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CW1 to CW20 and out of said charge sheet witnesses, 14 witnesses have been examined as PW1 to PW14. All the material witnesses except

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PW9 (CW10) have turned hostile to the case of the prosecution. Even though they are cross examined by the public prosecutor, nothing has been elicited from their mouth.

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NC: 2023:KHC:36485 CRL.P No. 7812 of 2023

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PW9 (CW10) who is one of the eye witnesses has partially supported the case of prosecution. Even though in his deposition, he has narrated about the incident, that had taken place on 21.06.2022, in front of the Cyber Centre, however, he has not identified the accused who was produced before the court virtually. Therefore the accused was produced before the court physically, even thereafter, PW9 has failed to identify the accused who was produced before the court physically. From the perusal of the deposition of PW9 it is seen that even this witness had not clearly supported the case of prosecution and therefore he was treated as hostile witness. The petitioner is in custody from 23.06.2022 onwards. The material witnesses have not supported the case of the prosecution.

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Under these circumstances, I am of the opinion that the petitioner's prayer for grant of

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NC: 2023:KHC:36485 CRL.P No. 7812 of 2023

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regular bail is required to be answered in the affirmative. Accordingly, I pass 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 respect of S.C.No.1776/2022 (arising out of Crime No.98/2022 registered by Basaveshwara Nagara Police Station, Bengaluru City) pending on the file of LXV Additional City Civil and Sessions Judge, Bengaluru City 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 one surety for 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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8 - NC: 2023:KHC:36485 CRL.P No. 7812 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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KMV

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List No.: 1 Sl No.: 39

Shanthkumar v. State by

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Shanthkumar v. State by

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