Allowed

Ramesh S/O Pampapathi v. the State of Karnataka

Karnataka HC1 Feb 2024CRL.P/100111/2024

Case brief

AI extract

What is this about?

A criminal bail petition filed under Section 439 Cr.P.C. for murder was allowed. The High Court noted a significant delay (over 36 hours) in lodging the FIR and a discrepancy in the incident history provided initially compared to the police complaint, finding no danger to society while noting the petitioner's lack of antecedents.

What did the court decide?

Petitioner enlarged on bail on Rs. 1,00,000 bond with two sureties; directed to appear regularly; prohibited from tampering with witnesses or leaving jurisdiction; subject to Trial Court's orders.

Ramesh S/O Pampapathi Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:2249 CRL.P No. 100111 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100111 OF 2024 (439)

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BETWEEN:

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RAMESH S/O. PAMPAPATHI, AGE: 24 YEARS, OCC. DRIVER, R/O. KODALU VILLAGE, SANDUR TQ., BALLARI DISTRICT-583112.

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…PETITIONER

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(BY SRI B. ANWAR BASHA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA (THROUGH THORANAGALLU P. S. BALLARI) R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT DHARWAD-580001.

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…RESPONDENT

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(BY SRI RANGASWAMY R, HCGP)

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Digitally VIJAYALAXMIM BHAT signed byVIJAYALAXMIM BHAT

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER / ACCUSED NO.1 ON BAIL IN CRIME NO. 148/2023 IN REGISTERED IN THORANAGALLU POLICE STATION BALLARI, FOR THE OFFENCES P/U/SEC. 302, OF IPC, PENDING TRIAL OF THE CASE.

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

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NC: 2024:KHC-D:2249 CRL.P No. 100111 of 2024

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ORDER

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Accused in Crime No.148/2023 registered by

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Thoranagallu police station, Bellary district for the offence punishable under Section 302 of IPC, is before this Court.

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Heard the learned counsel for the parties.

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FIR in Crime No.148/2023 was registered by Thoranagalul police station, Bellary district against the petitioner herein on the basis of the complaint lodged by Athul Kumar S/o late Dharmendra Kumar Singh on 03.10.2023 at about 2.30 p.m. In the said case, petitioner was arrested on 04.10.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offence. Bail application filed by the petitioner before the Court of the Principal District and Sessions Judge, Bellary in Crl.Misc.No.818/2023 was rejected on 01.12.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner reiterating

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the grounds urged in the petition submits that at the time

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3 - NC: 2024:KHC-D:2249 CRL.P No. 100111 of 2024

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of admitting the deceased in the hospital, the history of the incident is given as ‘fall from a height in the work place’. Subsequently, a false complaint has been lodged. Petitioner has no criminal antecedents. He is a youngster aged about 24 years. Accordingly, prays to allow the petition.

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Per contra, learned High Court Government Pleader has opposed the bail application. He submits that there are multiple eyewitnesses to the incident in question and accordingly, he prays to dismiss the petition.

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In the complaint dated 03.10.2022 lodged by

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the complainant-Athul Kumar at about 2.30 p.m., it is averred that on the intervening night of 01.10.2023 and 02.10.2023 at about 12.00 in the midnight, he received a phone-call from Deepak Kumar who informed him that at about 11.45 p.m. on 01.10.2023, petitioner had quarreled with him and he had threatened him of dire consequence

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to his life and therefore, he apprehended danger. Complainant therefore asked Deepak Kumar to come near

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4 - NC: 2024:KHC-D:2249 CRL.P No. 100111 of 2024

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the office of the company, where the complainant and Deepak Kumar were working. When Deepak Kumar was on his way to the Office of the company, petitioner who came there allegedly assaulted Deepak Kumar with an iron rod on his head and as a result, Deepak Kumar sustained grievous injuries. The complainant and others who had witnessed the incident, immediately intervened and shifted Deepak Kumar to the hospital, who died in the hospital on 03.10.2023 at about 8.08 a.m. The complaint was thereafter lodged on 03.10.2023 at about 2.30 p.m. Investigation in the case is completed and charge sheet has been filed.

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The material on record would go to show that immediately after the incident, Deepak Kumar was shifted to Zindal Sanjivini Hospital, Vidyanagar in Thoranagallu and in the said hospital, history of the incident was given as ‘fall from a height in the work place of Deepak’. As per the complaint averments, the complainant and other employees who are the alleged eyewitnesses to the

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5 - NC: 2024:KHC-D:2249 CRL.P No. 100111 of 2024

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incident in question had shifted Deepak Kumar to the hospital immediately after the incident. However, they had given a different history about the incident in the hospital. Though the incident had taken place in the earlier hours of 02.10.2023, complaint is belatedly lodged on 03.10.2023 at 2.30 p.m. There is delay of more than 36 hours in filing the complaint. Investigation in the case is complete and charge sheet has been filed. Petitioner, who is aged about 24 years, is in custody from 04.10.2023. Undisputedly, he has no criminal antecedents. Under these circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:

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ORDER

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Petition is allowed. The petitioner is directed to be

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enlarged on bail in Crime No.148/2023 registered by Thoranagallu police station, Bellary district for the offence punishable under Section 302 of IPC, subject to the following conditions:

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6 - NC: 2024:KHC-D:2249 CRL.P No. 100111 of 2024

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i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court;

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ii. 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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iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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iv. 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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KGK /List No.: 1 Sl No.: 17

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Sd/JUDGE

Ramesh S/O Pampapathi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Ramesh S/O Pampapathi v. the State of Karnataka

Case brief

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What did the court decide?

What the court decided

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