The High Court allowed the bail petition of the third accused in a murder case, noting he was not the principal accused who dealt the fatal blow and had no criminal antecedents, while other accused were already on bail.
Petitioner enlarged on bail in SC No.37/2024 subject to personal bond of Rs.1,00,000/- with two sureties and standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-K:6995 CRL.P No. 201011 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 17TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201011 OF 2024
BETWEEN:
VENKATARAO S/O VITTALRAO AGE. 54 YEARS OCCUPATION FARMER RESIDENCE OF HONNIKERI TALUKA AND DISTRICT BIDAR - 585 401.
…PETITIONER
(BY SRI SANJAY A PATIL, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
THE STATE OF KARNATAKA THROUGH, JANWADA POLICE STATION BIDAR RURAL CIRCLE DISTRICT BIDAR - 585 401 REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH - 585 107.
…RESPONDENT
(BY SMT. ANITA M. REDDY, HCGP; SRI GURURAJ V HASILKAR, ADV.)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO ALLOW THE PETITION THERE BY ENLARGE THE PETITIONER / ACCUSED NO.3 ON BAIL IN CRIME NO. 145/2023 REGISTERED BY JANWADA POLICE STATION, DISTRICT BIDAR CHARGE SHEETED FOR THE OFFENCES PUNISHABLE U/SECS. 302, 307, 201, 109, 114, 120-B, R/W 149 OF IPC (NOW PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC-II BIDAR IN C.C.NO. 2463/2024), IN THE INTEREST OF JUSTICE.
NC: 2024:KHC-K:6995 CRL.P No. 201011 of 2024
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
of Principal District and Sessions Judge, Bidar, arising out of Crime No.145/2023 registered by Janwada Police Station, Bidar, for the offences punishable under Sections 302, 201, 307, 109, 114, 120B and 149 of IPC, is before this Court under Section 483 of BNSS, 2023.
NC: 2024:KHC-K:6995 CRL.P No. 201011 of 2024
Investigation in the case is complete and charge sheet has been filed against five accused persons. Petitioner is arraigned as accused No.3 in the charge sheet. Bail application filed by petitioner before the jurisdictional Sessions Court in Crl.Misc.No.350/2024 was rejected on 09.07.2024. Therefore, he is before this Court.
the crime. Even prior to the alleged date of incident, on 05.11.2023 there was an attempt made on the life of deceased Amith Kumar, which had failed. He submits that petitioner was present along with accused at the spot of crime and accordingly, prays to dismiss the petition.
result of said assault, Amith Kumar fell down and succumbed to the injuries suffered by him. Undisputedly, there is no allegation against petitioner herein about assaulting the deceased. As per the Post Mortem Report, death of the deceased is due to head injury, which allegedly was caused by accused No.2. Undisputedly, petitioner has no criminal antecedents and is in custody from 30.12.2023. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:-
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the
NC: 2024:KHC-K:6995 CRL.P No. 201011 of 2024
likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
SD/(S VISHWAJITH SHETTY) JUDGE
DN
1 issue framed by the court
Whether the petitioner, accused No.3, is entitled to regular bail in a murder case where he was not the principal accused who dealt the fatal blow?
2 provisions across 2 enactments
VENKATARAO S/O VITTALRAO
THE STATE OF KARNATAKA
S.VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
