The High Court granted regular bail to accused Bhimrao in a case involving murder and extortion. He was remanded to custody on 10.02.2024 and no criminal antecedents were found against him.
Petitioner was enlarged on bail subject to personal bond of Rs.1 lakh with two sureties of like sum 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:8323 CRL.P No. 201038 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201038 OF 2024
BETWEEN:
BHIMRAO S/O VANMRAO MULE AGE 35 YEARS OCC. AGRI, R/O MIRKHAL TQ. BASAVAKALYAN DIST BIDAR - 585 327.
…PETITIONER
(BY SRI PRADEEP KUMAR, ADV.)
AND:
Digitally signed by NANDINI MS Location: High Court of Karnataka
THE STATE OF KARNATAKA THROUGH HULSOOR POLICE STATION, R/BY ADDL STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT KALABURAGI BENCH - 585 102
…RESPONDENT
(BY SRI VEERANNA GOWDA G MALI PATIL, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 439 THE CODE OF CRIMINAL PROCEDURE 1973 PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN SC NO. 5031/2024 TAKEN OUT OF CR. NO. 0012/2024 REGISTERED FOR THE OFFENCESE U/SEC. 302, 363, 364, 365, 355, 504, 342, 201 R/W 34 IPC BY THE HULSOOR POLICE STATION, AT HULSOOR PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE AT BIDAR SITTING AT BASAVAKALYAN IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC-K:8323 CRL.P No. 201038 of 2024
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1
Accused No.3 in S.C.No.5031/2024 pending before
the Court of II Addl. District and Sessions Judge, Bidar (sitting at Basavakalyana) arising out of Crime No.12/2024 registered by Hulsoor Police Station, Bidar District for the offences punishable under Sections 364, 365, 355, 342, 363, 302 & 201 R/w 34 of IPC is before this Court seeking regular bail.
parties.
who was arraigned as accused No.3 was arrested and subsequently remanded to judicial custody on 10.02.2024. Investigation in the case is complete and charge sheet has been filed against three persons. The petitioner herein is arraigned as accused No.3 in the charge sheet filed for the aforesaid offences.
deceased on 09.02.2024 it is averred that, her husband had invested his money in business, after his retirement and had lost the same and he was in heavy debt. On 08.02.2024, she had received a phone call from her husband's mobile phone and accused No.1 allegedly spoke to her over phone, but she could not hear him properly. Thereafter, at 5.30 p.m on the same day, she called to her husband's mobile phone and the accused No.1, who picked up the call informed her that her husband is in his custody as he had collected a sum of Rs.12 lakh from them on the guise of providing agricultural land to them and he had neither provided the land nor had returned money. Thereafter, accused No.1 allegedly informed the first informant to pay the money and get her husband released.
went to Mirkhal village and the accused No.1 allegedly informed them that a dead body was found in a well and
immediately the first informant and her son went near the well and found the dead body of Sharanabasava. It is in this background, the first information was submitted alleging that her husband had committed suicide in view of the torture meted out by accused persons.
dated 10.07.2024. The petitioner who has no other criminal antecedents is in custody from 10.02.2024. The
allegations found in the charge sheet are required to be proved in a full-fledged trial.
the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.
ORDER
The petitioner is directed to be enlarged on bail in S.C.No.5031/2024 pending before the Court of II Addl. District and Sessions Judge, Bidar (sitting at Basavakalyana) arising out of Crime No.12/2024 registered by Hulsoor Police Station, Bidar District for the offences punishable under Sections 364, 365, 355, 342, 363, 302 & 201 R/w 34 of IPC, subject to the following conditions:
a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
NC: 2024:KHC-K:8323 CRL.P No. 201038 of 2024
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;
SD/(S.VISHWAJITH SHETTY)
JUDGE
NMS
1 issue framed by the court
Whether the petitioner deserves to be enlarged on regular bail in the under-trial stage.
1 provisions across 1 enactments
Bhimrao S/o Vanmrao Mule
The State of Karnataka
S. Vishvajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
