Allowed

Olekara Kumara Alias Kumara v. State of Karnataka

Karnataka HC13 Sept 2024CRL.P/102013/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 Cr.P.C. in a murder case where the petitioner had been in custody for over three years without commencement of trial owing to pendency of sessions cases. Bail granted with conditions including personal bond of Rs.1,00,000 with two sureties and no witness tampering.

What did the court decide?

Petitioner enlarged on bail on executing personal bond of Rs.1,00,000 with two sureties, subject to conditions including regular attendance and no witness tampering.

Olekara Kumara Alias Kumara Vs State of… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:13139 CRL.P No. 102013 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 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. 102013 OF 2024

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BETWEEN:

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OLEKARA KUMARA ALIAS KUMARA S/O. CHANDRAPPA AGED ABOUT 36 YEARS R/O. AREMAJJIGERE VILLAGE HARAPANAHALLI TALUK BALLARI DISTRICT.

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…PETITIONER

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(BY SRI KULKARNI SHRINATH GURURAJ, ADV.)

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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 BY HALAWAGILU POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING DHARWAD - 580 011.

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(BY SMT. KIRTILATA PATIL, HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ENLARGE THE ABOVE PETITIONER/ACCUSED ON BAIL IN CRIME NO.19/2021 (NOW SC. NO.5113/2021) OF RESPONDENT, HALUVAGILU POLICE STATION FOR THE ALLEGED OFFENCE PUNISHABLE U/S 302 OF THE IPC, PENDING ON THE FILE OF III ADDL.DISTRICT AND SESSIONS JUDGE, BALLARAI (SITTING AT HOSAPETE).

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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:13139 CRL.P No. 102013 of 2024

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CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused in SC No.5113/2021 pending before the Court of III Additional District and Sessions Judge, Bellari sitting at Hosapete, arising out of Crime No.19/2021 registered by Haluvagilu Police Station, Ballari, for the offence punishable under Section 302 of IPC, is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.19/2021 was registered by Haluvagilu Police Station, Ballari, against the petitioner herein for the offence punishable under Section 302 of IPC on the basis of the first information dated 17.03.2021 received from Durugappa. During the course of investigation, petitioner was arrested in the present case on 04.06.2021 and remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed. Bail application filed by petitioner before the

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3 - NC: 2024:KHC-D:13139 CRL.P No. 102013 of 2024

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Trial Court in SC No.5113/2021 was rejected on 10.06.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner had earlier approached this Court in Crl.P.No.100510/2024 and the said petition was dismissed as withdrawn with liberty to the petitioner to file a fresh petition before the Trial Court. He submits that the application thereafter filed by the petitioner before the Trial Court seeking regular bail has been dismissed on 10.06.2024. He submits that petitioner is in custody for the last more than three years. He has no criminal antecedents. Even on merits of the case, petitioner has an excellent case. The alleged eye witnesses are all planted witnesses. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition. She submits that delay in the trial is for the reason that there are 35 other sessions cases pending before the Trial Court in which the accused are in custody. She submits that there are eye witnesses to the incident in question who have seen the accused assaulting the deceased. Accordingly, she prays to dismiss the petition.

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4 - NC: 2024:KHC-D:13139 CRL.P No. 102013 of 2024

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The material on record would go to show that the petitioner was married to Smt. Geethamma, sister of deceased Doodabharmappara. The relationship between the petitioner and his wife was strained and therefore, his wife had taken shelter in her parents' house. During talks of settlement, petitioner had assured that he would make a separate house to his wife and reside with her in the said house. However, he had failed to make arrangements for setting up a separate house to his wife. On 16.03.2021, there was quarrel between petitioner and deceased, who is the brother of his wife and deceased allegedly abused the petitioner. The allegation against the petitioner is that on the intervening night of 16.03.2021 and 17.03.2021 at about 12.40 a.m. he came to the place where deceased was sleeping and assaulted him on his head and other parts of the body with wooden stick and caused injuries. Though injured Doddabharmappara was shifted to Hospital, at about 06.00 a.m. on 17.03.2021, he died in the Hospital. Incident in question had taken place undisputedly at midnight and CWs 4, 5 and 7 are allegedly eye witnesses to the incident in question. Be that as it may, the fact remains that petitioner, who has no criminal antecedents, who is an agricultural coolie,

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5 - NC: 2024:KHC-D:13139 CRL.P No. 102013 of 2024

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is in custody for the last three years and 3 months. The trial in the case is yet to commence. A perusal of the order sheet of the Trial Court would go to show that from 24.01.2022 onwards, the learned Trial Judge has been mentioning in the order sheet that there are more than 35 sessions case in which accused are in judicial custody and the case is being adjourned. Prosecution has in all cited 46 charge sheet witnesses in the present case. Therefore, chances of trial being completed and the case being disposed of on merits in the immediate near soon is very remote. Considering the long period of incarceration of the petitioner and also having regard to the charge sheet material available on record, I am of the opinion that his prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.5113/2021 pending before the Court of III Additional District and Sessions Judge, Bellari sitting at Hosapete, arising out of Crime No.19/2021 registered by Haluvagilu Police Station, Ballari, for the offence punishable under Section 302 of IPC, subject to the following conditions:

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NC: 2024:KHC-D:13139 CRL.P No. 102013 of 2024

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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 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 involve in similar offences in future;

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e) 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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SD/(S.VISHWAJITH SHETTY)

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JUDGE

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Olekara Kumara Alias Kumara v. State of Karnataka

Case brief

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Olekara Kumara Alias Kumara v. State of Karnataka

Case brief

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