Accused in a murder case sought regular bail under Section 483 BNSS, citing circumstantial evidence and delay in trial. The court found prima facie material including last-seen evidence and recoveries against him, held the offence heinous, and dismissed the petition.
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NC: 2024:KHC:53033 CRL.P No. 12590 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 12590 OF 2024 (439(Cr.PC) / 483(BNSS))
BETWEEN:
SRI PRASHANTH RAI, S/O BALAKRISHNA RAI, AGED ABOUT 31 YEARS, R/AT PATLADKA HOUSE, PADAVANNUR VILLAGE, PUTTUR TALUK, D.K DISTRICT-574313.
…PETITIONER
(BY SRI. AKSHAY KUMAR JAIN., ADVOCATE)
AND:
Digitally signed by VEDAVATHI A K Location: High Court of Karnataka
THE STATE OF KARNATAKA THROUGH THE CIRCLE INSPECTOR OF POLICE, PUTTUR RURAL POLICE STATION, PUTTUR - REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE-01.
…RESPONDENT
(BY SRI. MADHUKARA MADDUR, HCGP FOR RESPONDENT.)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.5014/2022 (CR.NO.101/2021 OF PUTTUR RURAL POLICE) ON THE FILE OF V ADDL. DISTRICT AND SESSIONS JUDGE, D.K., MANGALURU SITTING AT PUTTUR, REGISTERED
NC: 2024:KHC:53033 CRL.P No. 12590 of 2024
BY THE PUTTUR RURAL P.S. FOR THE OFFENCE P/U/S 120(B),364,302,397,201 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
This petition is filed by the petitioner/accused No.1 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS' for short) seeking
grant of bail in Sessions Case No.5014/2022 on the file of V Additional District and Sessions Judge, D K Mangaluru sitting at Puttur, D.K. arising out of crime No.101/2021 registered by Puttur Rural Police Station and charge sheeted for the offences punishable under Sections 120(B), 364, 302, 397 and 201 read with Section 34 of Indian Penal Code.
NC: 2024:KHC:53033 CRL.P No. 12590 of 2024
that the police have filed charge sheet alleging that this petitioner along with other accused persons have committed murder of one Jagadeesh after abducting him in the car. The police arrested the petitioner on 24.11.2021. The missing complaint came to be filed on 19.11.2021. Subsequently the police had arrested the accused persons and filed the charge sheet. Further, accused Nos.1 and 2 have approached the Trial Court seeking grant bail and the same came to be rejected vide order dated 20.06.2023. Hence, the present petitioner is before this Court seeking grant of bail.
NC: 2024:KHC:53033 CRL.P No. 12590 of 2024
involvement of the petitioner in the alleged offence. The petitioner is in judicial custody since 24.11.2021 and the trial is not yet concluded. The entire case rests on circumstantial evidence.
5. Further, the learned counsel would contend that
accused No.5 has already been released by the Trial Court and accused No.4 was also released by this Court. On all these grounds, he prays to allow the petition by granting
bail to the petitioner.
present petitioner i.e. accused No.2 was said to be driving the car and took the deceased to a lonely place and committed the murder. These accused persons are said to have brought hammer and other weapons to commit the murder of the deceased and the same is kept in the car. Subsequently, accused No.3 hold the deceased and accused No.1 committed the murder of the deceased by assaulting him with a hammer. It is also revealed from the charge sheet that the accused persons have bought knife from the house of accused No.2 to commit the murder of the deceased since the life of the deceased was not able to taken away by hammer and as such, they committed the murder.
the basis of confession statement, dead body was recovered at the instance of accused, the deceased was last with accused No.1 and weapons used for the commission of offence have been seized at the instance of the accused persons. Of course, it is a joint recovery. The
NC: 2024:KHC:53033 CRL.P No. 12590 of 2024
ornaments of the deceased was also recovered by the police at the instance of this petitioner. Apart from last seen theory, the statements of CWs' No.4,9,10 and 11 are recorded. Of course, the case is based on the circumstantial evidence. The missing of the deceased, previous enmity, last seen theory, arrest of the accused, recovery of the dead body, recovery of the weapons and recovery of the ornaments of the deceased which clearly shows that there is prima-facie material to show the involvement of the petitioner in the commission of offence.
Certainly, accused No.4 was granted bail by this Court since there is no serious allegation made against the said accused as that of allegations alleged against accused Nos.1 to 3. The same was referred by the Co-ordinate Bench of this Court at paragraph No.6 of the order in Crl.P.No.10646/2022 wherein it has categorically stated that the accused persons have committed brutal murder of
the deceased by conspiring together and there is no such allegation against accused No.4. Hence, the bail has been
NC: 2024:KHC:53033 CRL.P No. 12590 of 2024
granted to accused No.4 by the Co-ordinate Bench of this Court.
Accordingly, the criminal petition is dismissed with a direction to the Trial Court to conclude the Trial as early as possible.
Sd/(K.NATARAJAN) JUDGE
SSD List No.: 2 Sl No.: 5
1 issue framed by the court
Whether the petitioner/accused No.2 was entitled to bail in a brutal murder case based on circumstantial evidence where trial had not concluded.
Colour shows how this judgement treated each authority
Crl.P.No.10646/2022Referred¶8
7 provisions across 3 enactments
Sri Prashanth Rai
The State of Karnataka
K. Natarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
