Successive bail petition under Section 439 Cr.P.C. by a murder accused whose earlier petition was withdrawn pending examination of two eyewitnesses. Those witnesses and the first informant turned hostile at trial; the High Court allowed the bail petition subject to conditions including a personal bond with two sureties.
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NC: 2024:KHC-D:13074 CRL.P No. 102656 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 11TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 102656 OF 2024
BETWEEN:
SANJAY VIRUPAKSHI BHAKARE AGE. 42 YRS OCC. AGRICULTURE AND BUSINESS, R/O JAINAPUR TQL. CHIKKODI, DIST. BELAGAVI
…PETITIONER
(BY SRI VISHWANATH BADIGER, ADV.)
AND:
THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD, BENCH AT. DHARWAD THROUGH CHIKODI P.S.
…RESPONDENT
Digitally signed by NANDINI MS Location: High Court of Karnataka
(BY SRI JAIRAM SIDDI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. (U/SE. 483 OF BNSS, 2023) SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED ON BAIL IN CRIME NO. 203/2023 REGISTERED IN CHIKODI POLICE STATION, PENDING ON THE FILE OF VII ADDL. DIST AND SESSIONS COURT, BELAGAVI, SITTING AT CHIKODI IN S.C.NO. 50001/2024, FOR THE OFFENCE P/U/SEC. 302 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC-D:13074 CRL.P No. 102656 of 2024
CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
earlier approached this Court in Crl.P.No.100257/2024 which was dismissed as withdrawn with liberty to the petitioner to file a fresh petition after Cws 10 and 11, who are the alleged eye witnesses to the incident in question are examined before the Trial Court.
a blade and had committed murder of deceased Irgouda Shivaputra Topugol in his house at about 18.30 hours by slitting the neck of the deceased with the blade which he had with him. CWs 10 and 11 are the wife and son of deceased. They are the alleged eye witnesses to the incident in question. Cws 10 and 11 have been examined as PWs 4 and 5 before the Trial Court and a perusal of their deposition would go to show that they have not supported the case of the prosecution and therefore, they were treated as hostile witnesses. Even though they were cross examined by the public prosecutor, nothing material has been elicited from their mouth. Even the first informant CW1, who is the brother of the deceased also has not supported the case of the prosecution. Having regard to the aforesaid aspects of the matter, I am of the opinion that petitioner’s prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:-
NC: 2024:KHC-D:13074 CRL.P No. 102656 of 2024
punishable under Section 302 of IPC, subject to the following conditions:
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;
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;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
Sd/(S VISHWAJITH SHETTY) JUDGE
DN
1 issue framed by the court
Whether the accused should be enlarged on regular bail in a Section 302 IPC case after the alleged eyewitnesses and first informant turned hostile at trial.
2 provisions across 2 enactments
Sanjay Virupakshi Bhakare
The State of Karnataka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
