Allowed

Sri Raju S/O Bhimappa Bandiwaddar v. State of Karnataka

Karnataka HC26 Jul 2024CRL.P/102272/2024

Case brief

AI extract

What is this about?

A bail petition by a CRPF Head Constable arrested for a road accident in which he killed a woman and injured several persons, charged under Sections 279, 337, 338 and 304(II) IPC. Considering his avocation and length of service, the court granted regular bail on a personal bond of Rs.1,00,000 with one surety and conditions.

What did the court decide?

Regular bail on Rs.1,00,000 personal bond with one surety, subject to conditions of not tampering with witnesses and appearing before Trial Court on all dates.

Sri Raju S/O Bhimappa Bandiwaddar Vs State of… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:10612 CRL.P No. 102272 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 102272 OF 2024 (439-)

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BETWEEN:

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SRI. RAJU S/O. BHIMAPPA BANDIWADDAR, AGE: 44 YEARS, OCC: SERVICE, R/O: WADDAR GALL, GOKAK, TQ: GOKAK, DIST: BELAGAVI.

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…PETITIONER (BY SRI. HANUMESH M. DESAI AND NEELENDRA.D.GUNDE, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY GOKAK TOWN PS, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001.

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…RESPONDENT (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

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CHANDRASHEKAR LAXMAN KATTIMANI

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HIGH COURT OF KARNATAKA

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO GRANT THE PETITIONER/ACCUSED ON REGULAR BAIL IN THE CRIME NO.69/2024 OF GOKAK TOWN POLICE STATION, REGISTERED FOR THE OFFENCES PUNISHABLE U/S 279, 337, 338, 304(II) OF IPC R/W SECTION 134 AND 187 OF MV ACT, PENDING BEFORE PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT, GOKAK.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE

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COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC-D:10612 CRL.P No. 102272 of 2024

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ORDER

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Heard Sri Hanumesh M.Desai and Sri. Neelendra D. Gunde, learned counsels for the petitioner and Smt. Praveena Y.Devareddiyavra, learned High Court Government Pleader for the respondent-State.

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The petitioner is before this Court seeking regular bail in Crime No.69/2024 of respondent Police Station, for the offences punishable under Sections 279, 337, 338, 304(II) of Indian Penal Code r/w Section 134 and 187 of M.V. ACT.

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It is the case of the prosecution that the complainant lodged a complaint stating on 28.06.2024, he had been to medical store to bring the medicines on his motorcycle bearing registration No.KA-49-Y-9639. After purchasing the medicines, he was proceeding to his native through Gokak city. Infront of him, one KSRTC bus was going towards Karwar. The KSRTC bus stopped in the bus stand to get the passengers inside the bus. The complainant stopped his vehicle behind the bus. In the meantime, the petitioner herein was driving his car from Yaragatti road in a rash and negligent manner and dashed the woman who was standing on the road side. Thereafter, he could not control his vehicle and dashed the bus and also his

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3 - NC: 2024:KHC-D:10612 CRL.P No. 102272 of 2024

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motorcycle. The complainant jumped out of the motorcycle by leaving it and sustained injures on different parts of the body. In the said accident, the petitioner herein caused several damages and killed a woman and also caused injures to 11 persons. Therefore, the jurisdictional police have registered case in Crime No.69/2024 for the offences stated supra. Thereafter, in the remand application, Section 304-II of IPC has been inserted after considering the seriousness of the offence.

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It is the submission of the learned counsel for the petitioner that the petitioner due to some mechanical defect could not control the vehicle after the accident. Consequently, some damages might have occurred. It was not an intentional.

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It is further submitted that the petitioner is working as Head Constable(GD) at CRPF, Government of India and is aged about 44 years and permanent resident of Waddar Galli, Gokak. The petitioner is the earning member of the family. He has been arrested and he is in judicial custody since 29.06.2024. It is further submitted that the petitioner will abide the conditions imposed by this Court in the event of his release on bail. Making such submission, the learned counsel for the petitioner prays to allow the petition.

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4 - NC: 2024:KHC-D:10612 CRL.P No. 102272 of 2024

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Per contra, learned High Court Government Pleader vehemently opposed the bail petition and submitted that the petitioner being a Government Servant drove his car in a rash and negligent manner and dashed to the woman who was standing on the road and thereafter, could not control his vehicle and damaged KSRTC bus, one motorcycle and also caused injures to several other persons. The jurisdictional police have registered a case appropriately against the petitioner for the offence punishable under Section 304-II of IPC. Therefore, the petitioner is not entitled for bail. Making such submission, the learned HCGP prays to dismiss the petition.

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Having heard the learned counsel for the respective parties and also perused the averments of the complaint and remand application, it appears from the record that the petitioner who dashed woman who was standing on the road and killed her. Thereafter, he could not control his vehicle and caused several other damages. The report of the Motor Vehicle Inspector is yet to be secured. The investigation is under progress.

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5 - NC: 2024:KHC-D:10612 CRL.P No. 102272 of 2024

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Be that as it may. The petitioner is working as Head Constable (GD) in CRPF, Government of India. Considering his avocation and length of service, his bail application may be considered by imposing conditions. Hence, I proceed to pass the following:-

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ORDER

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The petition is allowed.

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The petitioner is ordered to be enlarged on bail in Crime No. 69/2024 of respondent Police Station, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety for the likesum to the satisfaction of the Trial Court, subject to the following conditions:

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a) The petitioner shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

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b) The petitioner shall appear before the Trial Court on all dates of hearing without fail.

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In case, if the petitioner violates any of the bail conditions as stated above, the prosecution will be at liberty to seek for cancellation of bail.

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VMB, CT:ANB

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Sd/JUDGE

Sri Raju S/O Bhimappa Bandiwaddar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Raju S/O Bhimappa Bandiwaddar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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