Allowed

Ravi Kumar v. P @ Ravi v State by

Karnataka HC16 Jan 2024CRL.P/13158/2023

Case brief

AI extract

What is this about?

The High Court allowed a successive bail petition filed by the petitioner accused under Section 439 Cr.P.C. Finding that key prosecution eye witnesses had turned hostile and the trial had commenced after over a year, the Court ordered release on bail subject to stringent conditions.

What did the court decide?

The petitioner accused No.2 to be released on bail subject to executing a personal bond, not tampering with witnesses, not leaving jurisdiction, and taking trial without delay.

Ravi Kumar v P @ Ravi Vs State by — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC:1988 CRL.P No. 13158 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^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. 13158 OF 2023

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BETWEEN:

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RAVI KUMAR V P @ RAVI S/O PRAKASH, AGED ABOUT 27 YEARS, R/O VITTALAPURA GRAMA BOOKANAKERE HOBLI, K.R PETE TALUK, MANDYA DISTRICT-571426.

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…PETITIONER

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(BY SRI ROOPESHA B., ADVOCATE)

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AND:

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Digitally signed by V KRISHNA Location: High Court of Karnataka

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STATE BY K R PETE RURAL POLICE MYSUR DISTRICT-571426 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.

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…RESPONDENT (BY SRI VINAY MAHADEVAIAH, HCGP)

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CRL.P. FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.136/2021 OF K.R.PET RURAL P.S., MANDYA FOR THE OFFENCE P/U/S 302 AND 201 R/W 34 OF IPC PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA, SITTING AT SRIRANGAPATNA IN S.C.NO.5101/2021.THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANDYA (SITTING AT

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2 - NC: 2024:KHC:1988 CRL.P No. 13158 of 2023

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SRIRANGAPATNA) HAS REJECTED THE BAIL PETITION ON 17.06.2023 IN S.C.NO.5101/2021.

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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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Learned High Court Government Pleader take notice for respondent - State.

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This successive bail petition is filed by petitioner - accused No.2 under Section 439 of Cr.P.C., for granting bail in S.C.No.5101/2021 pending on the file of III Addl. District and Sessions Judge, Manday sitting at Srirangapatna, arising out of Crime No.136/2021, registered by K.R.Pet Rural Police Station and charge sheeted for the offences punishable under Sections 302 and 201 of IPC.

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Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent - State.

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The case of the prosecution is that on the complaint of one Hemakumar, the Police registered the case against the unknown persons for the offences under Sections 302 and 201 of IPC. During the investigation it is found that the petitioner and others have committed murder and petitioner was arrested

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NC: 2024:KHC:1988 CRL.P No. 13158 of 2023

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on 15.07.2021. The bail petition of the petitioner - accused No.2 came to be dismissed by this Court twice in Crl. P. No.7680/2021 on 10.11.2021 and in Crl. P. No.12405/2022 on 07.03.2023. Now, the petitioner - accused No.2 is once again before this Court and files successive bail Petition.

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Learned counsel for petitioner submits that this Court has granted liberty to the petitioner - accused No.2 to approach this Court after examination of CW15 and 16, who are the material eye witnesses. He submits that there are more than 10 witnesses are examined by the prosecution and all the witnesses have turned hostile, especially CW15 and 16, who are the eye witnesses and material witnesses have also turned hostile completely not supporting the theory of the prosecution. Hence, prayed for grant of bail.

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Per contra, the learned High Court Government

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Pleader seriously objected the bail petition and prayed for the rejection of the bail petition.

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Upon hearing the arguments of learned counsel for the petitioner and the learned HCGP and on perusal of the records, it is found that the deposition of CW15 and 16 - Vijayakumar and Dilipkumar has been produced and it is clear

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NC: 2024:KHC:1988 CRL.P No. 13158 of 2023

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from the said deposition that they have turned hostile and even in the cross-examination they denied the suggestion made by the prosecution.

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Considering the above facts and circumstances of the case, I am of the view that the petitioner - accused No.2 is in custody for more than one and a half years, the trial is started and most of the witnesses have turned hostile and only the official witnesses have left out for examination by the prosecution. Therefore, I am of the view that keeping the petitioner in custody will not survive any purpose, by imposing the stringent conditions the petitioner - accused No.2 be released on bail. Accordingly, the following order:

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ORDER

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(i) The petition is allowed.; (ii) The trial Court is directed to release the petitioner - accused No.2 on bail in S.C.No.5101/2021 pending on the file of III Addl. District and Sessions Judge, Manday sitting at Srirangapatna, arising out of Crime No.136/2021, registered by K.R.Pet Rural Police Station and charge sheeted for the

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NC: 2024:KHC:1988 CRL.P No. 13158 of 2023

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offences punishable under Sections 302 and 201 of IPC. subject to the following conditions:-

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(a) Petitioner shall execute personal bond in a

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sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;

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(b) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

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(d) Petitioner shall take the trial without causing any delay; and

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(e) Petitioner shall not leave the jurisdiction of this Court without prior permission.

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If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.

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Sd/JUDGE

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List No.: 1 Sl No.: 23

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Ravi Kumar v. P @ Ravi v State by

Case brief

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Ravi Kumar v. P @ Ravi v State by

Case brief

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