Allowed

Chandrashekhar @ Chandru v. the State of Karnataka by

Karnataka HC27 Oct 2023CRL.P/8015/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the Criminal Petition for regular bail filed under Section 439 Cr.P.C. The court observed that the prosecution case relied on circumstantial evidence and recognized a prima-facie case for grant of bail subject to specific conditions.

What did the court decide?

Enlargement of the petitioner on bail subject to conditions of personal bond, appearance, and non-leave of jurisdiction.

Chandrashekhar @ Chandru Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC:38119 CRL.P No. 8015 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^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.8015 OF 2023

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BETWEEN:

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CHANDRASHEKHAR @ CHANDRU S/O. VEERANNA AGED ABOUT 29 YEARS, OCC: MEDICAL REPRESENTATIVE, R/O. NO.1644/9, 1^ST MAIN, 1^ST CROSS, BUDDA BASAVA NAGAR, DAVANAGERE CITY – 577 001. ... PETITIONER

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(BY SRI UMESH P.B., ADVOCATE FOR SRI R.B. DESHPANDE, ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY VIDYANAGARA POLICE STATION, KTJ NAGARA CIRCLE, DAVANGERE – 577001 (REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BANGALORE – 560 001). ... RESPONDENT

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(BY SRI RAHUL K. RAI, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.54/2023 OF VIDYANAGAR P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 302, 201, 120(B) R/W 34 OF IPC ON THE FILE OF THE I ADDL. (SR.DN.) CIVIL JUDGE AND J.M.F.C. DAVANAGERE.

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

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2 - NC: 2023:KHC:38119 CRL.P No. 8015 of 2023

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ORDER

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Accused No.1 in Crime No.54/2023 registered by Vidyanagar Police Station for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking regular bail.

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Heard the learned counsel for the parties.

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On the basis of complaint lodged by one Mansoor

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Ali Khan dated 23.03.2023, FIR in Crime No.54/2023 was registered by the Vidyanagar Police Station against unknown persons for the aforesaid offences. It is stated that the complainant is a police constable and on 23.03.2023 at about 9.00 a.m., when he was on beat duty he received an information with regard to a person with injuries lying near S.S. Layout, A Block, Ring Road, Davangere. Immediately, the complainant and the driver of Hoysala vehicle went to the spot which is near Goodhomes furniture shop and found a injured male, aged about 35 years, with injuries on its head and other parts of the body. Thereafter, the complainant got shifted him to the Government Hospital and in the hospital, the Doctors

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3 - NC: 2023:KHC:38119 CRL.P No. 8015 of 2023

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declared that the person was brought dead. It is in this background, a complaint was lodged, which had resulted in registering FIR in Crime No.54/2023 by Vidyanagar Police Station for the aforesaid offences.

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During the course of investigation, the petitioner was arrested on 26.03.2023. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences and the petitioner was arrayed as accused No.1. Petitioner's bail application filed before the Court of II Additional District and Sessions Judge at Davanagere in Crl. Misc. No.601/2023 was rejected on 24.06.2023. Therefore, the petitioner is before this Court.

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Learned counsel for the petitioner, reiterating the

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grounds urged in the petition, submits that the entire prosecution case is based on circumstantial evidence, except the last seen circumstance, there is no strong evidence against the petitioner and the petitioner has been in custody for more than seven months. Accordingly, he prays to allow the petition.

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Learned HCGP has opposed the bail application and

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submits that there are sufficient materials to connect the

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4 - NC: 2023:KHC:38119 CRL.P No. 8015 of 2023

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accused to the crime. Accordingly, he prays to dismiss the petition.

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Initially, FIR was registered against the unknown

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persons and during the course of the investigation, the petitioner and accused No.2-wife of the deceased Mahanthesh were arrested on 26.03.2023. As per the charge-sheet allegations, deceased Mahanthesh, who was the husband of accused No.2 was a chronic drunkard and due to his illtreatment, accused No.2-wife had left his company and was staying along with her children in her parents house. The petitioner, who was the childhood friend of accused No.2, was allegedly in love with her. Since the deceased was troubling accused No.2 even after she left him, the accused persons allegedly conspired to eliminate the deceased. In furtherance of such conspiracy, on 23.03.2023, accused No.1 had taken the deceased in his motor-cycle and after making him consume alcohol, had assaulted him on his neck with a knife and as a result, deceased - Mahanthesh had fallen inside a bush and thereafter, the petitioner allegedly dropped a concrete stone on his head and also assaulted on his head with hallow bricks. As a result of the assault, Mahanthesh died in the spot.

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5 - NC: 2023:KHC:38119 CRL.P No. 8015 of 2023

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The entire case of the prosecution is based on circumstantial evidence. Undisputedly, except the last seen circumstances, there are no other prima-facie materials to connect the petitioner to the crime. The allegations against the petitioner is required to be proved in full-fledged trial. The petitioner has no criminal antecedents and he is in custody since 26.03.2023. Under these circumstances, I am of the view that the petitioner has made out prima-facie case for grant of regular bail. Accordingly, the following:

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O R D E R

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The Criminal Petition is allowed .

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The petitioner is directed to be enlarged on bail in Crime No.54/2023 registered by Vidyanagar Police Station for the offences punishable under Sections 302 and 201 read with Section 34 of IPC, subject to the following conditions:

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a) 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;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless

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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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e) The petitioner shall not involve in similar offences in future.

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Sd/JUDGE

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MBM

Chandrashekhar @ Chandru v. the State of Karnataka by

Case brief

What is this about?

What did the court decide?

Chandrashekhar @ Chandru v. the State of Karnataka by

Case brief

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