Allowed

Somashekar @ Deadly Soma v. the State of Karnataka

Karnataka HC19 Dec 2024CRL.P/13528/2024

Case brief

AI extract

What is this about?

Petitioner, accused No.5 in a murder case, sought bail under Section 439 Cr.PC. The key eyewitness had turned hostile and most witnesses did not support the prosecution; co-accused were already released on bail. Bail was granted on grounds of parity.

What did the court decide?

Bail granted with personal bond of Rs.2,00,000 and two sureties, subject to conditions against tampering with witnesses, leaving jurisdiction, or committing similar offences.

Somashekar @ Deadly Soma Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC:52613 CRL.P No. 13528 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO.13528 OF 2024

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BETWEEN:

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SOMASHEKAR @ DEADLY SOMA S/O. NARASIMHA MURTHY AGED ABOUT 25 YEARS RESIDING AT NO.5 3RD CROSS, SAPTHAGIRI COLLEGE ROAD, CHIKKASANDRA NONE MILL ROAD NAGARASANDRA POST BENGALURU-560 057.

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…PETITIONER

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(BY SRI RAMESHA H.N., ADVOCATE)

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AND:

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Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY SOLADEVANAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560 001.

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(BY SRI MADHUKARA MADDUR, H.C.G.P.)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.PC PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.5 ON BAIL IN CRIME NO.223 OF 2021 REGISTERED BY THE SOLADEVANAHALLI POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 148, 120(B), 302, 507 R/W SECTION 149 OF IPC, PENDING ON THE FILE OF THE HON'BLE VIII ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN S.C.NO.285 OF 2021.

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NC: 2024:KHC:52613 CRL.P No. 13528 of 2024

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL ORDER

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This petition is filed by the petitioner/accused No.5 for granting bail in Crime No.223/2021 registered by Soladevanahalli police for the offences punishable under Sections 143, 148, 120-B, 302, 507 read with section 149 of IPC now pending on the file of the VIII Additional District and Sessions Judge, Bengaluru Rural District in S.C.No.285/2021.

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

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The case of the prosecution is that the police have filed a charge sheet against the other accused and this petitioner alleging that accused No.1 borrowed a loan of Rs.1.00 lakh from deceased Ravi Kumar, due to which, there was quarrel between them. On that background, on 21.8.2021 at about 6:00 p.m., when the deceased along with one Anil Kumar were proceeding on the road, these accused persons said to have attacked and committed the murder of the deceased Ravi Kumar with a button knife and this petitioner is also said to have assaulted the deceased with a dragon knife and caused injuries, due to which, he succumbed to the injuries. This

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NC: 2024:KHC:52613 CRL.P No. 13528 of 2024

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petitioner was arrested on 26.08.2021 and his bail application is rejected by the Sessions Court. Hence, he is before this Court.

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Learned HCGP objected the petition.

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Having heard learned counsel for the petitioner and learned HCGP and perusing the materials on record, it is seen that there is strong allegation made against the petitioner as per the submissions made by learned HCGP. However, accused No.2, who is said to have committed the murder by assaulting the deceased on his chest and accused No.1 also assaulted on the chest, accused No.5 also assaulted the deceased with a dragon knife, due to which, the deceased was fallen down. One Anil Kumar-C.W.3 was the eyewitness to the incident, who is said to have accompanied deceased Ravi Kumar. But said Anil Kumar has turned hostile. Further most of the witnesses have not supported the prosecution case. There were 40 witnesses cited. Still, the trial is not yet concluded and the material witness PW-3/C.W-3 Anil Kumar has also turned hostile and this Court has already granted bail to accused Nos.1 and 2. Therefore, this petitioner is also entitled for bail on the ground of parity. Hence, the following :

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ORDER

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This Criminal petition is allowed.

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NC: 2024:KHC:52613 CRL.P No. 13528 of 2024

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The Trial Court is ordered to release the petitioner- accused No.5 on bail in Crime No.223/2021 registered by Soladevanahalli police, now pending on the file of the VIII Additional District and Sessions Judge, Bengaluru Rural District in S.C.No.285/2021, subject to the following conditions:

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i. Petitioner-accused No.5 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court;

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ii. Petitioner shall not indulge in similar offences strictly;

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iii. Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;

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iv. Petitioner shall not leave the jurisdiction without prior permission of the trial Court and

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v. Petitioner shall take the trial without causing any delay.

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If any of the above conditions are violated, the prosecution

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is at liberty to seek cancellation of this bail order.

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Sd/(K.NATARAJAN) JUDGE

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MN List No.: 2 Sl No.: 4

Somashekar @ Deadly Soma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Somashekar @ Deadly Soma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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