Allowed

Avinash v. P v State by K R Pete Rural Police

Karnataka HC1 Mar 2024CRL.P/1905/2024

Case brief

AI extract

What is this about?

Accused No.1 in a Section 302 IPC case sought bail in a successive petition, citing parity with co-accused No.2 granted bail earlier and hostile material witnesses. The High Court allowed the petition, noting the petitioner's long custody since 15.07.2021, and released him on bail with stringent conditions.

What did the court decide?

Petitioner released on bail in S.C.No.5101/2021 with Rs.2,00,000 personal bond, two sureties, and conditions against witness tampering and leaving jurisdiction.

Avinash v P Vs State by K R Pete Rural Police — Murder and Culpable Homicide | Karnataka HC (2024)

¶1

¶2

NC: 2024:KHC:8637 CRL.P No. 1905 of 2024

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 1^ST DAY OF MARCH, 2024

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE K.NATARAJAN

¶7

CRIMINAL PETITION NO. 1905 OF 2024

¶8

BETWEEN:

¶9

AVINASH V P S/O PRAKASH, AGED ABOUT 38 YEARS, R/O VITTALAPURA GRAMA BOOKANAKERE HOBLI, K R PETE TALUK, MANDYA DISTRICT 571 426

¶10

…PETITIONER

¶11

(BY SRI ROOPESHA B, ADVOCATE)

¶12

AND:

¶13

STATE BY K R PETE RURAL POLICE MANDYA DISTRICT 571 426 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001

¶14

Digitally signed by V KRISHNA Location: High Court of Karnataka

¶15

…RESPONDENT (BY SMT ANITHA GIRISH, HCGP)

¶16

¶17

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, ETC.,

¶18

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

¶19

¶20

NC: 2024:KHC:8637 CRL.P No. 1905 of 2024

¶21

ORDER

¶22

This is a successive petition filed by the petitioner - accused No.1 under Section 439 of Cr.P.C. praying to enlarge him on bail in SC No.5101/2021 pending on the file of III Addl. District and Sessions Judge, Mandya, sitting at Srirangapatna arising out of Cr. No.136/2021 of K.R. Pet Rural Police Station for the offences punishable under Sections 302, 201 of IPC.

¶23

Heard the learned counsel appearing for the

¶24

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

¶25

The case of the prosecution is that on the complaint of one Hemakumar.A.C., the Police have registered an FIR against the unknown person. During the investigation, the Police arrested this petitioner - accused No.1 on 15.07.2021 and he was remanded to judicial custody.

¶26

Learned counsel for petitioner submits that earlier bail petition of this petitioner was rejected twice and once again before this Court and files successive bail Petition mainly on the ground that material witnesses have already been examined by the prosecution and they have turned hostile and not supported the case of the prosecution. This Court considering the same

¶27

3 - NC: 2024:KHC:8637 CRL.P No. 1905 of 2024

¶28

has granted bail the accused No.2, who is having similar allegation against him and on par with this petitioner, has been granted bail. Since on the ground of party, this petitioner - accused No.1 is also entitled to be granted bail. Hence, prays to allow the petition and grant of bail to the petitioner - accused No.1.

¶29

Per contra, the learned High Court Government Pleader seriously objected the bail petition and prayed for the rejection of the bail petition.

¶30

Upon hearing the arguments of learned counsel for

¶31

the petitioner and the learned HCGP and on perusal of the records, especially order passed by this Court granting bail to petitioner-accused No.2 on 16.01.2024 in Crl.P. No.13158 /2023, wherein this Court has considered that the mater witnesses have already been examined by the prosecution and they have turned hostile. The remaining witnesses are circumstantial witnesses to be examined by the prosecution. Though co-accused who is having similar allegations has been bail by this Court on 16.01.2024 and petitioner is in custody from 15.07.2021 almost 2 1/2 years. Therefore, keeping the petitioner - accused No.1 in custody would not serve any

¶32

¶33

NC: 2024:KHC:8637 CRL.P No. 1905 of 2024

¶34

purpose. Therefore, by imposing stringent condition if the bail is granted to the petitioner - accused No.1, no prejudice would be caused to the prosecution. Accordingly, the following order:

¶35

ORDER

¶36

(i) The petition is allowed.;

¶37

(ii) The trial Court is directed to release the petitioner - accused No.1 on bail in S.C.No.5101/2021 pending on the file of III Addl. District and Sessions Judge, Mandya 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. subject to the following conditions:-

¶38

(a) Petitioner shall execute personal bond in a

¶39

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

¶40

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

¶41

5 - NC: 2024:KHC:8637 CRL.P No. 1905 of 2024

¶42

¶43

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

¶44

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

¶45

If any of the conditions are violated, the prosecution is at

¶46

liberty to file an application for cancellation of bail.

¶47

Sd/JUDGE

¶48

VK List No.: 1 Sl No.: 4

Avinash v. P v State by K R Pete Rural Police

Case brief

What is this about?

What did the court decide?

Avinash v. P v State by K R Pete Rural Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

R Bharathesh Vs H a Bhaskar Prasanna

Sri N C Shivakumar Vs State of Karnataka

Ravindra Reddy Vs State of Karnataka

Manjunatha B J Vs State by

D Venkatesh Vs State of Karnataka

Isak Alias Ichu Vs the State