Dismissed

Vijay Kumar H M v. State by Parappana

Karnataka HC19 Jan 2024CRL.P/12793/2023

Case brief

AI extract

What is this about?

Accused No.2 sought regular bail under Section 439 Cr.P.C. for murder and related offences, alleging trial delay and parity with bailed co-accused. The court rejected the parity plea given his distinct, cruel act of pushing the deceased into a running vehicle, dismissed the petition, and directed the trial court to complete the trial within nine months.

What did the court decide?

Petition dismissed; trial court directed to dispose of the case within nine months following Circular dated 01.09.2023 referring to Crl.P. No.6243/2023 (Ansu @ Ansar Ali vs State of Karnataka, 10.08.2

Vijay Kumar H M Vs State by Parappana — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC:2711 CRL.P No. 12793 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 12793 OF 2023

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BETWEEN:

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VIJAY KUMAR H M S/O MARE GOWDA, AGED ABOUT 29 YEARS, R/A HANDALAKUPPE VILLAGE, KASABAHOBLI KUNIGAL TALUK, TUMAKURU DISTRICT 572130

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PRESENTLY R/A NEAR SAPTHAGIRI BAR, KITANAHALLI VILLAGE, BENGALURU 562162

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ACCUSED NO 2 IS IN JC

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…PETITIONER

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(BY SRI SUGANDHI MANJUNATH A, ADVOCATE)

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Digitally signed by V KRISHNA Location: HIGH COURT OF KARNATAKA

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AND:

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STATE BY PARAPPANA AGRAHARA POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BANGALORE 560001

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…RESPONDENT

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(BY SRI VENKAT SATHYANARAYANA.A., HCGP)

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2 - NC: 2024:KHC:2711 CRL.P No. 12793 of 2023

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CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.299/2022 OF PARAPPANA AGRAHARA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S.504, 448, 302, 323, 342 R/W SEC.34 OF IPC PENDING ON THE FILE OF THE LXII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-63) AT BENGALURU CITY IN S.C.NO.1941/2022, ETC.,

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

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ORDER

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This is a successive petition filed by the petitioner - accused under Section 439 of Cr.P.C. praying to enlarge him on bail in SC No.1941/2022 pending on the file of LXII Addl. City Civil and Sessions Judge, Bangalore arising out of Cr. No.299/2022 of Parappana Agrahara Police Station and charge sheeted for the offences punishable under Sections 504, 448, 302, 323, 324, 342 r/w Section 34 of IPC.

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Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent - State.

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The case of the prosecution is that on the complaint of one Budde Babu, the respondent - Police registered FIR and thereafter filed charge sheet for the offences punishable under Sections 504, 448, 302, 323, 324, 342 r/w Section 34 of IPC. It is alleged that on 18.08.2022 the deceased Harikrishna and

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3 - NC: 2024:KHC:2711 CRL.P No. 12793 of 2023

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CW16 were going towards the bakery and while returning back, CW16 assaulted the deceased and ran ahead the deceased, the deceased took out the stone and throne towards CW16 and the said stone fell on the mirror of the vehicle and the left side mirror was broken. After seeing the same, CW20 informed accused No.1 about damaging the mirror, then accused Nos.1 to 4 went to the house of the deceased Harikrishna, dragged him out of the house, abused him in filthy language, assaulted him with their hands and kicked him with their legs. When, CW13 came forward to rescue, the accused also assaulted him. Then, accused No.1 took the deceased to his shop, accused No.4 assaulted CW13 with wooden repiece and when the deceased came for rescuing CW13 they assaulted the deceased, then the accused No.2 - the present petitioner dragged the deceased to road side and after knowing that a crusher vehicle was coming on the road, this petitioner with an intention to commit murder of deceased Harikrishna pushed him in from of the running vehicle, due to which, he sustained grievous injuries and succumbed to the same.

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The police arrested the petitioner - accused No.2 on 21.08.2022 and he was remanded to judicial custody. The

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NC: 2024:KHC:2711 CRL.P No. 12793 of 2023

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earlier petition filed by the present petitioner in Crl. P. 1801/2023, was dismissed by this Court on 05.04.2023. The petitioner is once again is before this Court.

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The learned counsel for petitioner submits that all other accused persons were granted bail, except the petitioner and trial has not yet began, the case is still in the stage of framing the charges. Considering the facts and circumstances of the case where the allegations against the other persons is said to be that they have assaulted and kicked the deceased, whereas this petitioner has dragged the deceased and with an intention to commit murder pushed him to the running vehicle on the road and he declared that the deceased should die. The act of the petitioner - accused No.2 is very cruel in manner and who has committed the murder by pushing the deceased to a running vehicle. Merely because the petitioner is in custody for more then one and a half year, that itself is not a ground to grant bail. The ground that the other accused persons have already been granted bail and the petitioner is in custody. The allegations against them are altogether different and therefore, the present petitioner cannot seek bail on the ground of parity. The learned counsel for petitioner submits that the trial is not

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NC: 2024:KHC:2711 CRL.P No. 12793 of 2023

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yet began and it is at the stage of framing charges, if a direction is issued to the trial Court to expedite the trial that would meet the ends of justice. Accordingly, the following order:

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ORDER

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(i) The petition is dismissed.;

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(ii) The trial Court is directed to dispose of the matter within nine months from the date of receipt of the copy of this Order by following the directions issued as per the Circular dated

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01.09.2023 referring to Crl.P. No.6243/2023 in the case of ANSU @ ANSAR ALI vs STATE OF

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KARNATAKA - DD 10.08.2023.

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Sd/JUDGE

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List No.: 1 Sl No.: 25

Vijay Kumar H M v. State by Parappana

Case brief

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Vijay Kumar H M v. State by Parappana

Case brief

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