Allowed

Sri. B. P. Yatheesha @ Yatheesh Gowda v. State of Karnataka

Karnataka HC10 Oct 2023CRL.P/855/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 439 Cr.P.C. seeking bail for an accused charged with murder under IPC Sections 302 and 34. The Court found a prima facie case for bail despite the prosecution's reliance on circumstantial evidence, subjecting the accused to onerous conditions.

What did the court decide?

Regular bail granted on a personal bond of Rs. 1,00,000 with two sureties for the sum, subject to conditions against witness tampering and leaving the jurisdiction.

Sri. B. P. Yatheesha @ Yatheesh Gowda Vs… — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC:36699 CRL.P No. 855 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 CRIMINAL PETITION NO. 855 OF 2023

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BETWEEN:

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SRI. B. P. YATHEESHA @ YATHEESH GOWDA S/O SRI LATE B H PUTTASWAMY AGED ABOUT 25 YEARS R/A NO.119, 4TH MAIN ROAD 3RD CROSS, RAILWAY LAYOUT BAVANI NAGAR 2ND STAGE ULLALA MAIN ROAD BANGALORE-560023

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…PETITIONER

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(BY SRI. * NAGARAJ.M ., ADVOCATE)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA

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JEEVAN BHIMA NAGAR POLICE STATION REP BY SPP, HIGH COURT OF KARNATAKA BANGALORE-560001

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…RESPONDENT

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(BY SRI. N. ANITHA GIRISH, ADVOCATE)

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THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.52/2022 REGISTERED BY JEEVAN BHEEMA NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC, PENDING ON THE FILE OF XXVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU (CCH-20) IN S.C.NO.1181/2022.

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*Corrected vide Court Order Dt: 13.10.2023

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NC: 2023:KHC:36699 CRL.P No. 855 of 2023

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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.2 in S.C.No.1181/2022 pending before

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the Court of XXVI Additional City Civil and Sessions Judge, Mayo Hall (CCH-20), Bengaluru, arising out of Crime No.52/2022, registered by Jeevan Bhima Nagar Police Station for the offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking regular bail.

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Heard learned counsel for the parties.

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On the basis of the complaint lodged by K Tammanna on 15.03.2022, the Station House Officer of Jeevan Bhima Nagar Police Station, Bengaluru, had registered FIR in Crime No.52/2022 for the aforesaid offence against unknown persons. In the complaint, it is averred that the complainant's son Manjunath was addicted to alcohol and he was not married. On 14.03.2022, Manjunath had left the house, but he did not returned home. On 15.03.2022,

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NC: 2023:KHC:36699 CRL.P No. 855 of 2023

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at about 4.00 a.m., somebody telephoned and informed complainant's daughter that Manjunath was assaulted near Kodihalli junction at Airport Road and as a result, he had died. Immediately thereafter, the complainant's family members went to the spot and saw the dead body of Manjunath. On enquiry, complainant was informed that Manjunath had consumed alcohol in J.D. Bar at old Airport Road and about 1.00 a.m. on 15.03.2022, he came out of the said Bar and thereafter had quarreled with two persons who had parked their auto-rickshaws near the Bar. The public who had gathered there had pacified both parties. Thereafter, the said two persons allegedly had followed Manjunath and had assaulted him at Kodihalli

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junction in old Airport road and as a result of the injuries sustained in the said assault, Manjunath had died. During the course of investigation in the said case, petitioner was arrested on 15.03.2022. Investigation is complete and charge sheet has been filed. The petitioner's bail application filed before the Trial Court in

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NC: 2023:KHC:36699 CRL.P No. 855 of 2023

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S.C.No.1188/2022 was rejected on 29.09.2022.

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Therefore, he is before this Court.

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Learned counsel for the petitioner submits that the entire case of the prosecution is based on circumstantial evidence. Except the last seen circumstances, there is no other concrete evidence to connect the petitioner to the crime. Hence, he prayed to allow the petition.

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Per contra, learned High Court Government Pleader opposed the bail petition. She submits that the accused were seen quarreling outside the Bar and the same is also captured in the CC Tv footage of the Bar and therefore, prays to dismiss the petition.

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The FIR in Crime No.52/2022 was initially registered by Jeevan Bhima Nagar Police on the basis of the complaint lodged by the father of Manjunath against unknown persons. During the course of investigation, petitioner was arrested on 15.03.2022. Investigation in this case is completed and charge sheet has been filed. As

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5 - NC: 2023:KHC:36699 CRL.P No. 855 of 2023

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per the charge sheet allegations, on 15.03.2022, at about 1.00 a.m., after consuming alcohol in J.D. Bar, Manjunath

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came out of the said Bar and when he was about to board the auto-rickshaw which was parked outside the Bar, the accused persons who are the drivers of the said autorickshaws had fought with him and Manjunath allegedly had assaulted accused No.2 with his hand on his cheek.

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The public who had gathered at the spot had intervened and had pacified both the parties. Thereafter, allegedly, the accused persons had followed Manjunath and while he

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was walking on the road near Kodihalli junction in old Airport road, the accused persons allegedly assaulted him on his head with stone and iron pipes and had murdered him. Investigation in this case is completed and charge sheet has been filed. The allegation against the accused in the charge sheet is based on circumstantial evidence. Petitioner is in custody since 15.03.2022. The charge sheet allegations made against the accused requires to be proved in a full-fledged trial. Therefore, I am of the view

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NC: 2023:KHC:36699 CRL.P No. 855 of 2023

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that the petitioner has made out a prima facie case for

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grant of regular bail. Accordingly, the following;

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Order

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The petition is allowed.

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The petitioner/accused No.2 is directed to be

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enlarged on bail in Crime No.52/2022 registered by Jeevan Bhima Nagar Police Station, Bengaluru, for the offence punishable under Section 302 read with 34 of IPC, subject to the following conditions;

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i) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional Court.

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ii) 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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iii) Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses.

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7 - NC: 2023:KHC:36699 CRL.P No. 855 of 2023

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iv) Petitioner shall not involve in similar offences in future.

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v) 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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List No.: 1 Sl No.: 26

Sri. B. P. Yatheesha @ Yatheesh Gowda v. State of Karnataka

Case brief

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Sri. B. P. Yatheesha @ Yatheesh Gowda v. State of Karnataka

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