Allowed

Mr Mutturaj v. State of Karnataka

Karnataka HC6 Dec 2024CRL.P/12437/2024

Case brief

AI extract

What is this about?

Regular bail sought by accused No.2 in a murder case where allegations against him and accused No.1 were identical and the co-accused had already been granted bail. The Court noted the absence of a test identification parade despite an alleged eyewitness, found the petitioner had no criminal antecedents, and allowed bail on conditions including bond and sureties.

What did the court decide?

Petitioner enlarged on bail in S.C.No.189/2024 on personal bond of Rs.1,00,000 with two sureties, subject to conditions of appearance and non-tampering with witnesses.

Mr Mutturaj Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC:50371 CRL.P No. 12437 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12437 OF 2024

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BETWEEN:

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MR MUTTURAJ S/O LATE MUTTEGOWDA, AGED ABOUT 43 YEARS, R/AT GADIPALYA VILLAGE, UTTARHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 062

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…PETITIONER

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(BY SRI. AJAY PRABHU M., ADVOCATE)

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AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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STATE OF KARNATAKA BY KAGGALIPURA POLICE STATION, REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001

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…RESPONDENT

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(BY SRI. CHANNAPPA ERAPPA, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 BNSS) PRAYING TO ALLOW THIS PETITION AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON BAIL UNDER SECTION 439 OF CR.P.C., IN S.C.NO.189/2024, REGISTERED BY KAGGALIPURA P.S., IN CR.NO.20/2024, ON THE FILE OF THE COURT OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU, FOR THE OFFENCE

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2 - NC: 2024:KHC:50371 CRL.P No. 12437 of 2024

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PUNISHABLE UNDER SECTION 302 READ WITH SECTION 34 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.2 in S.C.No.189/2024 pending before

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the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of crime No.20/2024 registered by Kaggalipura Police Station, Ramanagar, for the offences punishable under Sections 302, 34 of IPC, is before this Court under section 439 of Cr.P.C., seeking regular bail.

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Heard the learned counsel for the parties.

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Learned counsel for the petitioner submits that

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allegation against accused Nos.1 and 2 in charge sheet are identical. Accused No.1 has been granted regular bail by this Court in Crl.P.No.10084/2024. The petitioner has no other criminal antecedents. Accordingly, he prays to allow the petition.

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NC: 2024:KHC:50371 CRL.P No. 12437 of 2024

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Per contra, learned HCGP who has opposed the

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bail petition, however, does not dispute the submission made by learned counsel for the petitioner.

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Perusal of the material available on record

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would go to show that allegation against the accused Nos.1 and 2 in the charge sheet are identical. This Court has granted regular bail to accused No.1 in Crl.P.No.10084/2024 disposed on 16.10.2024 and in para Nos.7 & 8 of order passed in Crl.P.No.10084/2024 it is observed as follows.

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7. As per the charge sheet allegations, CW-4 had hired the goods vehicle of deceased Likesh for the purpose of transport of his motor cycle bearing registration No.KA-01-HN-4959 and at about 11.10 p.m. on 24.01.2024, when deceased Likesh was about to leave after loading the motor cycle bearing registration No.KA-01-HN-4959 in his goods vehicle bearing registration No.KA-05-AD-4062, accused nos.1 & 2 who came there asked Likesh to drop him to Kaggalipura. When Likesh refused to drop them to Kaggalipura on the ground that his goods vehicle was engaged for the purpose of transporting the motor cycle of CW-4, the accused persons allegedly quarreled

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NC: 2024:KHC:50371 CRL.P No. 12437 of 2024

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with him and accused no.2 broke the glass of the goods vehicle and accused no.1 allegedly assaulted Likesh with a wooden reaper which was lying on the road side, on his head and caused injuries, as a result of the said assault, Likesh died at the spot.

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8. Though CW-4 is said to be the eye-witness to the incident in question, undisputedly accused nos.1 & 2 were strangers to him. It is under these circumstances, first information was initially registered against unknown persons. Even after accused nos.1 & 2 were arrested, no Test Identification Parade has been held in the present case and the accused were not identified by the alleged eye-witness in the manner known to law. According to the prosecution, CW-4 subsequently identified the accused in the police station and his further statement was recorded.

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Undisputedly, the petitioner has no other criminal antecedents, he is in custody from 29.01.2024. Reasons assigned by this Court while granting regular bail to accused No.1 would also be applicable to case on hand. Under the circumstances, I am of the opinion that prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

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7 Accordingly the following.

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NC: 2024:KHC:50371 CRL.P No. 12437 of 2024

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O R D E R

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.No.189/2024 pending before the Court of I Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of crime No.20/2024 registered by Kaggalipura Police Station, Ramanagar, for the offences punishable under Sections 302, 34 of IPC, subject to the following conditions:

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a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) 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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SD/(S VISHWAJITH SHETTY)

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JUDGE

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ASN List No.: 1 Sl No.: 51

Mr Mutturaj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Mutturaj v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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