Allowed

Vittal v. the State of Karnataka

Karnataka HC18 Jun 2024CRL.P/201410/2023

Case brief

AI extract

What is this about?

High Court of Karnataka allowed bail to the petitioner, Accused No.1, in a murder case involving head injury. Orders release subject to bond, address proof, witness tampering prohibition, jurisdiction stay, and appearance conditions.

What did the court decide?

Petitioner enlarged on bail in Crime No.109/2022 subject to personal bond of Rs.1,00,000 with two sureties and specific undertakings regarding address, witness tampering, jurisdiction, and appearance.

Vittal Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-K:3954 CRL.P No. 201410 of 2023

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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 18^TH DAY OF JUNE, 2024 BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 201410 OF 2023

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BETWEEN:

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VITTAL S/O DHOOLAPPA KALE, AGED ABOUT 30 YEARS OCCUPATION AGRICULTURE R/O ITTANGIHAL DODDI TQ TIKOTA, DIST VIJAYAPURA-586 130.

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…PETITIONER

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(BY SRI.SANGANAGOUDA V BIRADAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH REPRESENTED BY ADDL. SPP KALABURAGI BENCH 585107 (THROUGH PSI ADARSH NAGAR PS DIST VIJAYAPURA 586101)

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…RESPONDENT

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(BY SRI. INAMDAR, ADVOCATE)

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Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA

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THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO, RELEASE THE PETITIONER ON BAIL IN CRIME No. 109/2022 OF ADARSH NAGAR P.S. DIST. VIJAYAPUR, FOR THE OFFENCES PUNISHABLE U/SEC. 323, 324, 302, 504 R/W 34 OF IPC PENDING BEFORE THE IV ADDL. DISTRICT AND SESSIONS JUDGE VIJAYAPURA AND ETC.

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

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2 - NC: 2024:KHC-K:3954 CRL.P No. 201410 of 2023

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ORDER

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This petition under Section 439 of Cr.PC is filed to enlarge the petitioner on bail in Crime No.109/2022 registered by the Adarsh Nagar Police Station pending on the file of the V Addl. Civil Judge and JMFC-IV Court, Vijayapura, for the offences punishable under Sections 323, 324, 302, 504 read with Section 34 of IPC.

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

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The summary of the charge sheet is that, there was a boundary dispute between the informant and the accused, and the accused picked up a quarrel with the son of the informant, and the accused No.2 assaulted his son, Santosh with a stone and thereafter the accused No.1 assaulted Santosh with spade and caused head injury, as a result of which, he succumbed to the injury. Admittedly, the death was caused due to the injury sustained by him on the head.

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The petitioner along with other accused have been charge sheeted for the offence punishable under Section 34 of IPC stating that all the accused in furtherance of common intention committed the offence punishable under Section 302 of IPC. The accused No.2 has been enlarged on bail by this Court.

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The learned counsel for the petitioner also submits that the eye witnesses to the incident viz: accused Nos.8 and 9 have been examined by the prosecution before the Trial Court, and out of 28 witnesses, 3 witnesses have been examined. The charge sheet having been filed, the petitioner is not required for interrogation. If the accused No.1 is not released on bail, the prolonged pre-trial detention will be an anathema to the concept of liberty as enshrined in Article 21 of

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NC: 2024:KHC-K:3954 CRL.P No. 201410 of 2023

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Constitution of India. Hence, the accused No.1 has made out a prima facie case to enlarge him on bail. Accordingly, I pass the following:

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ORDER

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i) Criminal petition is allowed.

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ii) The petitioner - accused No.1 shall be enlarged on bail in Crime No.109/2022 (SC No.41/2023) pending on the file of the learned IV Addl. District and Sessions Judge, Vijayapura, for the offences punishable under Sections 323, 324, 302, 504 read with Section 34 of IPC subject to following conditions:

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a) Petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.

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b) He shall furnish proof of his residential address and shall inform the Court, if there is any change in the address.

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c) He shall not tamper with the prosecution evidence / witnesses either directly or indirectly.

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d) He shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions Judge.

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e) He shall not involve any criminal activities.

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f) He shall appear before the Trial Court on all dates of hearing without fail unless exempted for any genuine reasons.

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Sd/JUDGE

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bkm

Vittal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Vittal v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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