Dismissed

Ravisha H L @ Ravi v. the State of Karnataka

Karnataka HC9 Jul 2024CRL.P/2563/2024

Case brief

AI extract

What is this about?

Accused No.1 in a murder and dacoity case sought regular bail under Section 439 Cr.P.C., having previously been refused bail by this Court and the Supreme Court. Considering the seriousness of the offence, specific allegations of conspiracy and motive, and his criminal antecedents, the High Court declined bail, holding he was not entitled to parity with the bailed co-accused, and dismissed the pet

What the court decided

AI extract

Ravisha H L @ Ravi Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:26060 CRL.P No. 2563 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO.2563 OF 2024 (439)

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BETWEEN:

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RAVISHA H L @ RAVI S/O LINGAPPA GOWDA AGED ABOUT 33 YEARS, OCC. DRIVER, R/O HORANI BAILU, KAMMARADI VILLAGE, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT - 577432 (NOW IN JUDICIAL CUSTODY)

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…PETITIONER

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(BY SRI. P.B.UMESH, ADVOCATE)

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AND:

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Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY THIRTHAHALLI POLICE STATION, THIRTHAHALLI CIRCLE, SHIVAMOGGA DISTRICT - 577432

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(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560001)

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…RESPONDENT (BY SRI. RAHUL RAI K., HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.81/2021 ON THE FILE OF THE HON'BLE III ADDL. DISTRICT AND SESSIONS COURT, SHIVAMOGGA (CR.NO.46/2022 OF THIRTHAHALLI P.S., SHIVAMOGGA

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NC: 2024:KHC:26060 CRL.P No. 2563 of 2024

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DISTRICT FOR THE OFFENCE P/U/S 109, 120(B), 302, 201 R/W 34 OF IPC.

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

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ORDER

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The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.46/2021 of Thirthahalli Police Station, pending in S.C.No.81/2021 on the file of the learned III Additional District and Sessions Court, Shivamogga, registered for the offences punishable under Sections 302, 201, 396, 120(B) read with Section 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Manjunatha.

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Heard Sri. P.B.Umesh, learned counsel for the petitioner and Sri. Rahul Rai K., learned High Court Government Pleader for the respondent -State. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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3 - NC: 2024:KHC:26060 CRL.P No. 2563 of 2024

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“Whether the petitioner is entitled

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for grant of bail under Section 439 of Cr.P.C.?”

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My answer to the above point is in ‘Negative’ for the following:

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R E A S O N S

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The petitioner being accused No.1 is seeking grant of bail. He was apprehended on 02.03.2021 and since then, he is in judicial custody.

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The brother of the deceased lodged the first information against the petitioner making specific allegations. It is the contention of the prosecution that the deceased was having acquaintance with the petitioner and she used to insist him to marry her. Therefore, the petitioner wanted to eliminate her. Accordingly, he conspired with accused Nos.2 and 3. Later, he dashed his car to the deceased who was proceeding on a scooter. As a result of which, she fell down. In the meantime, accused No.2 assaulted her with a rod on her head and caused her death. He robbed the jewelleries and later he concealed and destroyed the weapons and clothes.

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NC: 2024:KHC:26060 CRL.P No. 2563 of 2024

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After investigation, the charge sheet is filed making specific allegations against each of the accused. The incriminating materials were recovered at the instance of the accused. As per Post mortem report, death was due to head injury sustained. However, motive for causing the death is against the petitioner and he is the person who dashed the car and made the deceased to fall down to enable the co-accused to cause the death.

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Initially, the petitioner had approached this Court seeking grant of bail by filing criminal petition No.7426/2021. The same was dismissed vide order dated 10.02.2022 by the Co-ordinate bench of this Court. The said order rejecting the bail application was challenged before the Hon'ble Apex Court. It is stated that the petition filed before the Hon'ble Apex Court was also came to be dismissed. Now the matter is pending for trial and the charge is already framed. It is brought to the notice of the Court that the petitioner is having criminal antecedents and in all 4 cases i.e., Crl.P.Nos.88/2020, 5/2021, 7/2021, 8/2021 of Agumbe police station are registered and pending against the petitioner for having committed the offence punishable under Section 379 of IPC.

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NC: 2024:KHC:26060 CRL.P No. 2563 of 2024

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Looking to the nature, seriousness of the offence

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and criminal antecedents of the petitioner, I am of the opinion that petitioner is not entitled for grant of bail even though accused No.2 who is the assailant is already enlarged on bail. The petitioner is not entitled for the benefit of parity.

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Accordingly, the criminal petition is dismissed.

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Sd/JUDGE

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SKS

Ravisha H L @ Ravi v. the State of Karnataka

Case brief

What is this about?

What the court decided

Ravisha H L @ Ravi v. the State of Karnataka

Case brief

What is this about?

What the court decided

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