Dismissed

Kalesha R @ Vaddra Kallappa @ Rattihalli Kalesh S/O Anjinappa v. the State of Karnataka

Karnataka HC10 Dec 2024CRL.P/103328/2024

Case brief

AI extract

What is this about?

This successive bail petition under Section 439 CrPC was dismissed. The High Court held that no new grounds were made out for bail in a case involving double murder, where previous bail petitions had been rejected based on prima facie evidence and dying declarations.

What did the court decide?

The bail petition was dismissed with no liberty to move higher courts within a specified period.

Kalesha R @ Vaddra Kallappa @ Rattihalli… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:18057 CRL.P No. 103328 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 10^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION No. 103328 OF 2024

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BETWEEN:

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KALESHA R @ VADDRA KALLAPPA @ RATTIHALLI KALESH S/O ANJINAPPA AGE: 47 YEARS OCCUPATION: MAISON R/O HOSALLI VILLAGE, HADAGALI TALUK VIJAYANAGARA DISTRICT PIN – 583 219.

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Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA

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(BY SRI A R PATIL, ADVOCATE)

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AND:

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…PETITIONER

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THE STATE OF KARNATAKA R/BY ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH PIN – 580 011. HADAGALI POLICE STATION CRIME No. 07/2021 VIJAYANAGARA DISTRICT.

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…RESPONDENT

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(BY SRI JAYARAM SIDDI, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF Cr.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ENLARGE THE PETITIONER/ACCUSED No.1 ON BAIL, IN

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2 - NC: 2024:KHC-D:18057 CRL.P No. 103328 of 2024

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HADAGALI P.S. CRI No. 07/2021, IN SESSIONS CASE No. 5073/2021 PENDING BEFORE THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE BALLARI (SITTING AT HOSAPETE). FOR THE OFFENCE PUNISHABLE UNDER SECTION 302 OF IPC AND ETC.,

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR)

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This successive bail petition is filed by the sole

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accused under section 439 of The Code of Criminal

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Procedure,1973 (hereinafter referred to as the ‘Cr.P.C.’,

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for brevity) seeking bail in Crime No.7/2021 of Hadagali

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Police Station registered for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as the ‘IPC’, for brevity).

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The case of the prosecution is that, one Mallappa

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has filed the complaint stating that he and his brother are staying separately and his father and mother are staying with his sister deceased-Susheelamma. It is further stated

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that the petitioner was familiar to his father, mother and his sister, he was moving freely with his sister and managing the family affairs of his sister. Recently, the complainant heard about petitioner threatening his sister on some issue. The petitioner had borrowed huge money from his sister, and she was insisting him to return back the said money and in this regard his sister was irritated with the petitioner’s attitude. It is further stated that on 08.01.2021 at about 1.00 p.m., complainant was informed by his wife that the petitioner has attacked his father and sister with sharp weapon and his father and sister were admitted to hospital at Hadagli. Immediately, he and others rushed to hospital and at that time both his father and sister has succumbed to the injuries. The said complaint came to be registered in Crime No.7/2021 of Hadagli Police Station for the offence punishable under Section 302 of IPC. The petitioner came to be arrested on 09.01.2021. During the investigation it revealed that the petitioner was having illicit relationship with the deceased-

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4 - NC: 2024:KHC-D:18057 CRL.P No. 103328 of 2024

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Susheelamma and there was money transaction between them, further on 08.01.2021 the deceased had been to Hadagli to engage the Advocate in civil matter and after finishing the work while returning back from Hadagli, the petitioner took both the deceased on motorcycle to remote place and committed the murder. The charge sheet came

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to be filed for the offence punishable under Section 302 of IPC. The petitioner filed Criminal Miscellaneous No. 5353/2022 seeking bail and the same came to be rejected by the III Additional District and Sessions Judge, Ballari sitting at Hosapete by order dated 24.06.2022.

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The petitioner –accused earlier had filed Crl.P.No.102134/2022 seeking bail and same came to be rejected by order dated 23.09.2022. The petitioner – accused again filed present petition seeking bail.

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Heard the arguments learned counsel appearing

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for the petitioner and learned High Court Government Pleader for the respondent –State.

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It would be the contention of learned counsel

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for the petitioner that there are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. Even though C.W.23 to 27 have been cited to eye witnesses to the incident but they have not seen the incident. The case of the prosecution is based on dying declaration made by the deceased – Susheelamma before C.W.23 to 27. There is delay in filing the complaint. The alleged recording of dying declaration in the mobile phone is created one. On these grounds, he prays to allow the petition and grant bail to the petitioner.

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Per contra, learned High Court Government

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Pleader for the respondent –State would contend that this is successive bail petition and earlier this Court considering prima facie case, dying declaration and double murder has rejected the bail petition of this petitioner. He submits that there are no new grounds made out to grant of bail. He further submitted that deceased have sustained stab injuries and the doctor who conducted the examination of

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the dead body of the deceased has noted that death is due to hemorrhage and shock as result of stab injuries sustained. There are no new grounds in this successive bail petition. With this, he prays for dismissal of the petition.

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Having heard learned counsels, this Court has

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perused the charge sheet and other materials placed on record.

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This Court earlier while rejecting the bail

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petition of this petitioner has observed as under

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“7. The accusation against this petitioner is that he is having illicit relationship with the deceased-Susheelamma and he was residing with her brother and father-Shankrappa. The petitioner had borrowed money from the deceased- Susheelamma and she was insisting him for repayment of said money. The petitioner took both the deceased on his motorcycle when they are returning from the Court after meeting lawyer and on the way he assaulted both of them with knife and caused severe injuries and both died in the hospital on the same day. There are no eye witnesses to

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the incident and the case of the prosecution is based on circumstantial evidence. CW-23 is the witness who has last seen this petitioner/accused along with both the deceased on his motorcycle going on the road and after ten minutes he saw that the petitioner coming alone and he heard crying sound and went there and saw the lady and old man injured and on enquiry they told before him that they were assaulted by one Kalesha (accused) of Hosalli village, when Susheelamma demanded him repayment of money borrowed. Some unknown persons have also recorded the said statement of the deceased in video in his mobile phone. The said alleged video clip was received by the complainant to his mobile phone and the Investigating Officer has retrieved the said video clip under Mahazar which contained the conversation wherein the deceasedSusheelmma has stated that this petitioner assaulted her and she is the resident of Magala Village. CWs-24 to 27 are the persons who also went near both the injured and before them also the deceased have made statement regarding petitioner causing injuries to them. Wherein, the petitioner is named as the person who caused the injuries with knife to them.

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The said statement of both the deceased amounts to dying declaration. The doctor who conducted post mortem examination over the dead body of the deceased- Susheelamma has noted three stab injuries and opined that death is due to hemorrhage and shock as a result of stab injuries sustained. The doctor who conducted post mortem examination over the dead body of the deceased-Shankrappa has noted two stab injuries and opined that death is due to hemorrhagic shock consequent upon stab injury sustained to abdomen. The knife seized from the spot was examined both the Medical Officers who conducted post mortem examination over the dead body of both the deceased have opined that the said knife can cause injuries found on the bodies of both the deceased. The case involves double murder. The charge sheet material shows prima facie case against the petitioner/accused for the offence alleged against him. If the petitioner is granted bail, there are chances of threatening the complainant and other prosecution witnesses. The petitioner/accused has not made out any ground for grant of bail. Hence, the petition is dismissed.”

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In the said para No.7 this Court has considered all the materials against the petitioner regarding his involvement in commission of double murder, even though there are no eye witnesses to the incident. C.W.23 has last seen the petitioner along with both deceased on his motor cycle going on the road and after ten minutes he saw that the petitioner coming alone and he heard crying sound and went there and saw the lady and old man injured and on enquiry they told before him that they were assaulted by one Kalesha (accused) of Hosalli village. Some unknown persons have also recorded the said statement of the deceased in video in their mobile phone. The Investigating Officer has retrieved the said video clip under Mahazar. CWs-24 to 27 are the persons who also went near both the injured and before them also the deceased have made statement regarding petitioner causing injuries to them.

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NC: 2024:KHC-D:18057 CRL.P No. 103328 of 2024

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10 -

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Considering all these aspects, there are no new

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grounds made out for grant bail in the successive bail

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petition.

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Hence, the petition is dismissed.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP

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List No.: 19 Sl No.: 2

Kalesha R @ Vaddra Kallappa @ Rattihalli Kalesh S/O Anjinappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kalesha R @ Vaddra Kallappa @ Rattihalli Kalesh S/O Anjinappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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