Accused No.2 sought regular bail in a murder case arising from an assault on an auto driver; his earlier bail petitions were rejected. The Court found no new grounds, noting eyewitness statements attributing the iron-rod assault to the petitioner, and dismissed the petition with a direction to expedite trial.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 23RD DAY OF SEPTEMBER 2024
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102658 OF 2024
BETWEEN:
ABHISHEK S/O CHANDRASHEKAR BHANDARI AGE: 26 YEARS, OCC: MACHANIC, R/AT: NEKAR NAGAR, SANTOSH WANI PLOT OLD HUBBALLI-580020
…PETITIONER
(BY SRI. GOURI SHANKAR MOT, ADVOCATE)
AND:
YASHAVANT NARAYANKAR
Location: HIGH COURT OF KARNATAKA
THE STATE OF KARNATAKA OLD HUBBALLI POLICE STATION, HUBBALLI DIST: DHARWAD REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA , DHARWAD BENCH, DHARWAD
…RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 483 OF BNSS, 2023 (U/SEC. 439 OF CR.P.C.) SEEKING TO ENLARGE THE PETITIONER/ ACCUSED NO.2 ON REGULAR BAIL IN S.C.NO. 5011/2023 PENDING ON THE FILE OF 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI AT ATTACHED IN OLD HUBBALLI POLICE STATION, DIST. DHARWAD IN
CRIME NO. 102/2022 FOR THE OFFENCES P/U/SEC. 341, 504, 302 R/W SEC. 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL ORDER
This successive petition is filed by accused No.2 under Section 483 of BNSS 2023. seeking bail in Old Hubballi Police Station Crime No.102/2022, registered for the offences punishable under Sections 341, 504, 302 R/W Section 34 of IPC.
Chandrashekhar not to entertain talking with their sister Kirthi and they have also warned him and his mother over phone. It is further stated that, on 23.06.2022 at about 8.00p.m., his mother made a phone call and asked the complainant to go to KIMS Hospital immediately as some persons have assaulted his brother and immediately he went to the KIMS Hospital and his brother Chandrashekhar was admitted there and he was severely injured and he told that, when he was at Vani Plot, Nekar nagar, Old Hubballi waiting for customers for his auto, at that time, the accused Nos. 1 and 2 rushed and told him that, in spite of warning he is talking with his sister and this petitioner/accused No.1 held him from his front side and the accused No.1 opened a knife brought by him and assaulted him on his shoulder and on his back etc., and when this Chandrashekhar sat down, at that time, this petitioner/accused No.2 lifted a iron rod lying there and assaulted with it on the head and leg of the deceased. The said complaint came to be registered in Old Hubballi Police Station No.102/2022 for the offences punishable under Sections 504, 341, 307 R/w. Section 34 of IPC. This petitioner/accused No.2 came to be arrested on 24.06.2022 and he is in judicial custody. The Investigating
NC: 2024:KHC-D:13606 CRL.P No. 102658 of 2024
Officer after completing the investigation filed charge-sheet against this petitioner and another for the offences punishable under Sections 341, 504, 302 read with Section 34 of IPC.
Crl.P.No.103313/2022 and same came to be rejected by this Court by order dated 16.11.2022. Thereafter, petitioner has filed bail application in S.C.No.5011/2023 and same came to be rejected by order dated 13.08.2024. Therefore, petitioner is before this Court seeking grant of bail.
HCGP for respondent-State.
considering involvement of petitioner, heinousness of offence, prima facie case, threat to prosecution witnesses, has rejected
his earlier bail petition. She further contends that even this Court has considered the statements of witnesses recorded under Section 164 of Cr.P.C. She contends that there are no grounds for grant of bail and hence, prayed to reject the petition.
learned HCGP for respondent-State and also perused Charge sheet materials placed on record and earlier order.
petitioner on the ground that there is prima facie case, heinousness of offence and threat to prosecution witnesses. Learned counsel for the petitioner would contend that as per CDR collected by police, location of deceased at Gangival village and not in Hubballi. Merely because CDR indicates location of mobile of the deceased at Gangival village is not a ground to consider the bail application as alleged incident is witnesses by CW.13 to CW.19. Merely because three witnesses have not stated their names or overt act of petitioner assaulting deceased with iron rod is not a ground to grant bail as very said witnesses have stated overt act of petitioner
assaulting the deceased with iron rod in their statements recorded by Investigating Officer. Considering all these aspects, there are no new grounds for grant of bail in this successive petition. Hence, petition is dismissed.
24.06.2022 and therefore, the Trial Court is directed to expedite trial and dispose of the case at the earliest.
Sd/(SHIVASHANKAR AMARANNAVAR)
JUDGE
VB CT: CNB List No.: 1 Sl No.: 10
1 issue framed by the court
Whether accused No.2 should be enlarged on regular bail in a successive petition for offences under Sections 341, 504, 302 r/w 34 IPC.
3 provisions across 3 enactments
Abhishek s/o Chandrashekar Bhandari
Yashavant Narayankar
State of Karnataka (Old Hubballi Police Station)
Shivashankar Amaranannavar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
