Successive bail petition by accused No.3 in a panchayat-related murder case. The High Court held that delay in recording witness statements under Section 164 Cr.P.C. and non-commencement of trial were not grounds for bail given the heinous offence, and dismissed the petition while directing expeditious trial.
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Crl. P. No.101889/2024
IN THE HIGH COURT OF KARNATAKA, BENGALURU BENCH DATED THIS THE 06TH DAY OF AUGUST 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101889 OF 2024
BETWEEN:
SRI. RUDRAPPA S/O. SHANKRAPPA METI, AGED ABOUT 50 YEARS, OCC: MEDICAL STORE, KEEPER, R/O: HOSAMANIYAVAR ONI, RAYANAL VILLAGE, TQ: HUBBALLI, DIST: DHARWAD – 580024.
…PETITIONER (BY SRI. KIRAN S. JAVALI, SR. COUNSEL FOR SRI. IRANAGOUDA K. KABBUR, ADVOCATE)
AND:
THE STATE OF KARNATAKA, BY CID POLICE, H AND B WING, CID HEAD QUARTERS, BENGALURU, R/BY ITS HIGH COURT ADDITIONAL STATE PUBLIC PROSECUTOR, THROUGH OLD HUBLI, POLICE STATION, BENCH AT DHARWAD.
…RESPONDENT (BY SRI. JAIRAM SIDDI, HCGP)
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN OLD HUBBALLI P.S. CRIME NO.110/2022 (S.C.NO.5038/2023) PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD (SITTING AT HUBBALLI) FOR THE OFFENCES PUNISHABLE U/S 109, 114, 143, 147, 148, 120(B), 341, 302 R/W SECTION 149 OF IPC.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 06.08.2024 AND COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
Crl. P. No.101889/2024
ORAL ORDER
This petition is filed by petitioner/accused No.3 under Section 439 of Cr.P.C., seeking bail in crime No.110/2022 of Old Hubballi Police station registered for the offences punishable under Sections 109, 114, 143, 147, 148, 120(B), 341 and 302 r/w Section 149 of IPC.
Crl. P. No.101889/2024
Basavaraj Maradagi were sitting in his house discussing regarding panchayath office and at about 10.15 p.m., the Basavaraj requested his brother that he wants to go back to his village Rayanal and he has no motorcycle and hence, requested complainant’s brother to drop him to his village Rayanal, for which his brother agreed and went on his bullet motorcycle along with Basavaraj Maradagi to drop him to his village. It is further stated that in night at about 10.30 p.m., when complainant was at his home, his brother’s friends Paramananda Shyamgundi and Rudrappa Shettenagouda telephoned him and told that all the petitioners and other persons have assaulted his brother Deepak Patadari with sword and knife and asked him to come urgently. Immediately, when complainant and his friend Arun Balad reached Rayanal village, Paramananda Shyamgundi and Gurunath Chandaragi had taken the injured to KIMS hospital, Hubballi and admitted him in KIMS hospital, Hubballi on 04.07.2022 at about 11.30 p.m., for treatment. The complainant enquired the doctor, who told that he is not in condition to speak and his brother thereafter succumbed to the injuries on 05.07.2022 at about 02.40 a.m. Thereafter, the complainant enquiring with the elders went to the police station and lodged the complaint. The said complaint came to be registered in Crime No.110/2022 of Old Hubballi
Crl. P. No.101889/2024
Police Station for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC.
Crl. P. No.101889/2024
164 of Cr.P.C has not stated about this petitioner/accused No.3. The knife alleged to have been used by this petitioner to assault the deceased has not been recovered. CID has filed supplementary charge sheet on 06.10.2023. In the charge sheet 64 witnesses have been cited but till today no trial has been commenced. There is a health issue to this petitioner. He placed reliance on the decision of the co-ordinate bench of this Court in the case of Dharmendra Singh V/s State of Karnataka, AIR Online (2019) Kar 2319 and contended that delay in recording the statement of witnesses and accused person in jail for more than one and half year and it is a ground for grant of bail. On these grounds, he prayed to allow the petition.
Crl. P. No.101889/2024
punishable with death or imprisonment for life. There are no grounds made out to consider this successive petition seeking bail. With these, he prayed to dismiss the petition.
by the Magistrate under Section 164 of Cr.P.C and in that they have specifically stated the overt-act of this petitioner/accused No.3 holding weapon and assaulting deceased. Merely, because there is a delay in recording statement of witnesses is not a ground for grant of bail. CW-7 and 8 even though they are not resident of Rayanal village and why they came to that village has to be considered at the trial. The statement of witnesses already recorded by the police under Section 161 of Cr.P.C and also by the Magistrate under Section 164 of Cr.P.C will indicate that this petitioner/accused No.3 was present on the spot at the time of incident and assaulted deceased with weapon. Merely, because the trial has not commenced is not a ground for grant of bail as the offence alleged is heinous offence punishable with death or imprisonment for life. There are no grounds made out for grant of bail in this successive petition. Hence, petition is dismissed. The trial Court is directed to expedite the trial and
Crl. P. No.101889/2024
disposed off the same within one year from the date of receipt
of copy of this order.
Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE
RKM CT:ANB
1 issue framed by the court
Whether accused No.3 should be enlarged on bail in a murder case despite delay in recording witness statements and non-commencement of trial.
Colour shows how this judgement treated each authority
Dharmendra Singh V/s State of KarnatakaReferred
AIR Online (2019) Kar 2319 · Who else cites this
4 provisions across 2 enactments
Sri. Rudrappa S/o. Shankrappa Meti
The State of Karnataka, by CID Police, H and B Wing
Shivashankar Amannavar
As recorded by the court registry
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