Dismissed

Sri Satish @ Satish Kumar (A9) v. the State of Karnataka

Karnataka HC11 Oct 2023CRL.P/9126/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka dismissed a bail petition filed under Section 439 Cr.P.C. The court held that the petitioner, a known gangster and rowdy sheetar, committed a heinous offence involving murder and there was a risk of witness tampering, making him ineligible for bail despite trial delays.

What did the court decide?

Bail petition dismissed; trial court directed to conduct day-to-day trial within six months.

Sri Satish @ Satish Kumar (A9) Vs the State… — Murder and Culpable Homicide | Karnataka HC (2023)

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1 - NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 9126 OF 2023

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BETWEEN:

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SRI. SATISH @ SATISH KUMAR (A9), S/O CHINNA, AGED ABOUT 37 YEARS, R/O NO. 413, E.T.BLOCK, K.G.F. - 563 120.

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…PETITIONER

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(BY SRI. NANJUNDA GOWDA M.R., ADVOCATE)

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AND:

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Digitally signed by MADHUSHREE H Location: High Court of Karnataka

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THE STATE OF KARNATAKA, BY ROBERTSONPET STATION POLICE, KOLAR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. B. LAKSHMANA, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.90/2021 REGISTERED BY THE ROBERTSON PET POLICE STATION, K.G.F. FOR THE OFFENCE P/U/S 143, 144, 147, 148, 341, 307, 302, 212, 201 R/W 149 OF IPC PENDING ON THE

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NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KOLAR, (SITTING AT KGF) IN S.C.NO.15/2022.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

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THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by the petitioner/accused No.9 under Section 439 of Cr.P.C., for granting bail in Crime No.90/2021 registered by the Robertsonpet Police station, pending in S.C.No.15/2022 on the file of IIIrd Addl. District and Sessions Judge, at Kolar (Sitting at K.G.F), for the offences punishable under Sections 143, 144, 147, 148, 341, 307, 302, 212, 201 r/w Section 149 of Indian Penal Code (hereinafter referred as "IPC" for short).

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Heard, the learned counsel for the petitioner and the learned HCGP for the respondent/State.

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It is case of the prosecution that on the complaint of one Saravana, the police recorded statement in the hospital on 24.10.2021 alleging that on 23.10.2021, the complainant after completion of work in respect of land

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3 - NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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transaction went to the house of Sundar, had a talk in respect of land and left the house of Sundar at 10.30 p.m., then the complainant along with the deceased Rajakumar, CW-2- Ajay and CW-3- Sunil Kumar were proceeding in Tavera Car, on the way of a Swift car was parked, the said car moved a little and CW-3- Sunil stopped his car, all of a sudden a motorcycle also came behind. The accused persons came with deadly weapons, they had broken window glass of car and dragged the deceased Rajkumar and started assaulting. CWs 1 to 3 have been tried to rescue him but accused No.9 this petitioner said to be assaulting with sword on the head of the CW-2- Ajay and thereafter, accused persons were chasing the deceased Rajakumar. Subsequently, the complainant, CWs 2 and 3 were shifted to the hospital by one Pradeep and later he came to know Rajkumar is dead.

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After registering the case, during the

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investigation accused persons have been arrested and this petitioner/accused No.9 has been arrested on 29.10.2021

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4 - NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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and remanded to judicial custody. After investigation, the charge sheet has been filed. After rejection of the bail petition, which is filed before the Sessions Judge, this petitioner/accused No.9 has filed Criminal Petition No.7289/2022 which was dismissed on 29.09.2022 by considering the merits of the charge sheet material. Now, the petitioner/accused No.9 is once again before this Court on the additional grounds.

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5 Learned counsel for the petitioner contended that the petitioner is already in custody and completed two years in jail. Trial is under progress and 86 witnesses are to be examined. The co-ordinate Bench has already granted bail to the co-accused No.10 and the trial Court process will take another 2-3 years for completion. Therefore, he requested for granting the bail. Learned counsel for the petitioner further submits that there is no other case against this petitioner and he is not a Rowdy Sheeter. Hence, prayed to allow this petition.

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5 - NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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Per contra, learned HCGP contended that this

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Court has already considered petitioner’s application and

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has dismissed the same on merits.

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Having heard the arguments of learned counsel

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for the petitioner and learned HCGP and on perusal of records, especially order passed by this Court on early occasion, whereas, this Court categorically stated that, admittedly deceased Rajkumar died due to assault made by the petitioner and other accused persons. CWs 1 to 3 are eye witnesses to the incident. The statement of the deceased and witnesses clearly reveals that this petitioner had assaulted the deceased with sword. This Court while considering the earlier bail application has clearly stated that the petitioner is one of the member of Gangster and Rowdy Sheeter in K.G.F. Of course there is no specific recovery of weapon from this petitioner, but there is joint recovery from other accused persons. Offence committed by the petitioner/accused is a heinous crime. Accused is one of the member of Gangster in K.G.F and he may

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6 - NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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tamper the prosecution witnesses. Now, on perusal of the petition, there is no new ground urged by the learned counsel for the petitioner for granting the bail and allowing this petition except that the co-ordinate Bench has granted bail to the co-accused No.10. On perusal of the order passed by the co-ordinate Bench of this Court, nothing is mentioned about this petitioner. This Court has categorically held that this petitioner is a Rowdy Sheeter and member of Gangster and committed heinous offence and he may tamper the prosecution witnesses. On perusal of the order sheet reveals that the trial was delayed not

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due to the mistake of the Court but due to accused persons filing bail applications. Inspite of rejecting the applications, they also filed application under Section 227 of Cr.P.C for discharging from the case, which was also rejected by the trial Court. Subsequently, the order sheet also reveals that the Sub-Jail authority of KGF has moved an application before the Sessions Judge for shifting some of the accused persons to Bangalore jail as they were collecting money from new prisoners for bringing

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7 - NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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cigarette, beedi and food from outside. The same was rejected by the jail officer. The accused persons were also threatening the jail authorities. Accused Nos.7, 10, 11 and 12 were sent to the Bangalore jail. Accused persons have also moved an application for shifting them to KGF jail, which came to be rejected by the trial Court. The order sheet of Sessions Court reveals that for one or the other reason the application has been filed by the accused persons in order to make delay in trial before the Sessions Judge. On perusal of the order sheet and argument of the learned counsel for the petitioner and learned HCGP reveals that accused persons themselves delayed the process of the trial before the trial Court by filing the bail applications and the petitioner cannot seek bail on the ground of delay. The accused persons cannot go often to the Court by delaying the process of the Court for seeking the bail on the ground of delay.

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On perusal of the records, it is clear that the trial Court has already posted the matter for framing of charge

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8 - NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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but as the accused persons were filing applications including the bail application, the matter was delayed. Mere delay in disposing the Sessions case would not be a ground for granting the bail to the petitioner in the heinous crime committed by him for the offences punishable under Sections 302 and 307 of IPC. This Court has categorically held that this petitioner is a member of Gangster and Rowdy Sheeter in the KGF. Such being the case, if bail is granted to the petitioner/accused No.9 there is every possibility of tampering the prosecution witnesses is not ruled out. I am of the view that this petitioner is not entitled for bail. Accordingly, the petition filed by the petitioner is liable to be dismissed. Hence, I pass the following:

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ORDER

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The Criminal petition is dismissed.

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However the trial Court is directed to fix

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the day to day trial by following the circular and

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order passed by this Court in

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NC: 2023:KHC:37322 CRL.P No. 9126 of 2023

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Crl.P.No.6243/2023 (Anasu @ AnasurAli V/s

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State of Karnataka) vide order dated 10.08.2023 circular issued by this Hon’ble High Court on 01.09.2023 and dispose of the matter in day to day process within six months from the date of receipt of this order.

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Sd/JUDGE

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ASN List No.: 2 Sl No.: 2

Sri Satish @ Satish Kumar (A9) v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Satish @ Satish Kumar (A9) v. the State of Karnataka

Case brief

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What did the court decide?

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