Bail petition under Section 439 Cr.P.C. in a Section 302 IPC case arising from an assault during a quarrel after which the deceased was hit by a goods vehicle. Court found no prima facie intention to commit murder at this stage and allowed bail with conditions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 294 OF 2024
BETWEEN:
SRI.SOMARAJA, S/O SOMASHEKAR, AGED ABOUT 31 YEARS, R/AT NO. 185/201, PARVATHAMMA BUILDING, OLD POST OFFICE ROAD, SC COLONY, DODDAKALLASANDRA, KANAKAPURA ROAD, BANGALORE 560 062 AND ALSO AT NO.185, SRINAGAR, KALYANGIRI, MYSURU - 570019.
(IN JUDICIAL CUSTODY)
Digitally signed by V KRISHNA Location: High Court of Karnataka
(BY SRI.RAJESHWARI M.,ADVOCATE)
AND:
…PETITIONER
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA HCGP.,)
THIS CRL.P IS FILED U/S 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.419/2023 REGISTERED BY KONANAKUNTE POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 279, 337 AND 302 OF IPC AND SECTION 134(A)(B) AND 187 OF I.M.V. ACT PENDING ON THE FILE OF LXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU IN S.C.NO.1887/2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondentState and perused the material on record.
No.1887/2023 on the file of the LXV Additional City Civil and Sessions Judge, Bengaluru City (CCH-66).
6555, on the basis of a complaint lodged by the petitioner/accused.
petitioner for the offence punishable under Section 307 of IPC. The deceased Sri.Harish B succumbed to the injuries while undergoing treatment in the hospital, on 19.09.2023. On completion of investigation the chargesheet was filed against the petitioner for the offence punishable under Section 302 of IPC.
of Cr.P.C. On perusal of their statements, it reveal that the deceased had consumed alcohol and he was pestering the accused to give money. It appears that in the quarrel, the accused held his collar and pushed him on the road. He fell down and the goods vehicle, which was passing on the road hit him, due to which he sustained grievous injuries and died in the hospital. The statements of the eye witnesses further reveal that the petitioner shifted the deceased to the hospital for treatment.
NC: 2024:KHC:4368 CRL.P No. 294 of 2024
the case, petitioner can be released on bail, by imposing conditions. Hence, the following:
ORDER
i) Petition is allowed .
ii) Petitioner/accused in Crime No.419/2023 of Kumaraswamy Layout Police Station, pending in S.C.No.1887/2023 on the fie of the LXV Additional City
Civil and Sessions Judge, Bengaluru City,(CCH-66), shall be released on bail subject to following conditions:
a) Petitioner shall execute a 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.
b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is any change in the address.
c) He shall not leave the jurisdiction of the Trial Court without prior permission of the learned session Judge.
d) He shall not tamper with the prosecution witnesses either directly or indirectly.
e) He shall appear before the trial Court on every date of hearing without fail.
Sd/JUDGE
RMS List No.: 1 Sl No.: 53
1 issue framed by the court
Whether the petitioner accused of murdering the deceased by pushing him before a goods vehicle should be enlarged on regular bail under Section 439 Cr.P.C.
7 provisions across 3 enactments
Sri Somaraja
The State of Karnataka by Konanakunte Police Station
Mohammad Nawaz
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
