Allowed

Suresh Alias Mooli Suri v. State of Karnataka by Yelahanka Police

Karnataka HC15 Oct 2024CRL.P/4369/2024

Case brief

AI extract

What is this about?

Accused No.2 in a murder case sought successive regular bail. Noting eyewitnesses saw him only before the incident, his lack of criminal antecedents, nearly two years of custody and that co-accused No.1 had since been granted bail by the Trial Court, the High Court allowed bail subject to conditions including bonds and sureties.

What did the court decide?

Petitioner enlarged on bail on personal bond of Rs.1,00,000 with two sureties (one local), subject to conditions on appearance, non-tampering with witnesses and not leaving Trial Court jurisdiction.

Suresh Alias Mooli Suri Vs State of Karnataka… — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:41499 CRL.P No. 4369 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 4369 OF 2024

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BETWEEN:

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SURESH @ MOOLI SURI, S/O SRIRAMAPPA, AGED ABOUT 25 YEARS, RESIDING AT PAIDETI VILLAGE, PARIGI MANDALAM, PENUGODA TALUK, SATHYA SAI DISTRICT, ANDRA PRADESH - 515 110.

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…PETITIONER

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(BY SRI. RAJASHEKARA R V.,ADVOCATE)

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AND:

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Digitally signed by KAVYA R Location: High Court of Karnataka

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STATE OF KARNATAKA BY YELAHANKA POLICE, BENGALURU - 560 064. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI.RAHUL RAI K., HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE CR.NO.309/2022 REGISTERED IN YELAHANKA POLICE STATION, BENGALURU CITY DISTRICT, FOR THE OFFENCE P/U/S 302, 120B, 34 OF IPC, PENDING ON THE FILE OF LXIII ADDL. CITY CIVIL AND SESSION JUDGE AT BENGALURU, CCH-64.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:41499 CRL.P No. 4369 of 2024

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.2 in SC.No.304/2023 pending before the

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Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.309/2022 registered by Yelahanka Police Station, Bengaluru City for the offences punishable under Sections 302, 120(B) read with Section 34 of IPC is before this Court in this successive bail petition filed under section 439 of Cr.P.C.

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2. Heard the learned counsel for the parties.

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FIR in Crime No.309/2022 was registered by Yelahanka Police Station, Bengaluru City initially against unknown persons for the offences punishable under Sections 302 of IPC on the basis of the first information dated 21.10.2022 received Shivappa, father-in-law of deceased Chandrashekar.

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During the course of investigation of the case

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petitioner was arrested on 24.10.2022 and remanded to

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3 - NC: 2024:KHC:41499 CRL.P No. 4369 of 2024

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judicial custody. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences against two persons. Petitioner is arrayed as accused No.2 in the charge sheet. Wife of deceased Chandrashekar and daughter of the first informant Smt.Swetha has been arrayed as accused No.1 in the charge sheet. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.4938/2022 was dismissed, and thereafter, the petitioner had approached this Court in Crl.P.No.5878/2023 which was dismissed on 07.09.2023. Thereafter, the petitioner had filed bail application before the Trial Court in SC.No.304/2023 which was rejected on 06.04.2024. Therefore, the petitioner is before this Court in this successive bail petition.

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Learned Counsel for the petitioner submits that

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petitioner is in custody for the last nearly two years. Accused No.1 has been granted regular bail by the Trial Court on 13.12.2023. The alleged eye witnesses have seen the petitioner on the terrace of the building prior to the alleged incident and they have not actually seen the

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4 - NC: 2024:KHC:41499 CRL.P No. 4369 of 2024

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petitioner committing the crime. Petitioner has no other criminal antecedents. Accordingly, he prays to allow this petition.

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Per contra, learned HCGP has opposed the

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petition. He submits that there is no change in circumstances, and therefore, petitioners bail application is liable to be rejected. He also submits that there are eye witnesses to the incident in question and petitioner had a strong motive to commit the murder of the deceased Chandrashekar.

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As per the charge sheet allegation, daughter of first informant Smt.Swetha was in love with the petitioner herein and her marriage was performed with Chandrashekar, who was the younger brother of her mother, against her wishes. Swetha had continued her illicit relationship with the petitioner even after marriage and it is in this background, she had conspired with the petitioner to commit the murder of her husband Chandrashekar. On 21.10.2022, accused No.2 was hiding

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5 - NC: 2024:KHC:41499 CRL.P No. 4369 of 2024

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on the terrace of the house of the first informant and accused No.1/Smt.Swetha had sent Chandrashekar to the terrace to find out why water was not flowing from the tank. Petitioner, who was on the terrace had assaulted Chandrashekar with an iron rod on his head and also assaulted him with a knife and had committed his murder. CW-22 to CW-28, who are the alleged eye witnesses have seen the petitioner on the terrace of the first informants house prior to the incident in question. As rightly contended by the learned Counsel for the petitioner they have not stated that they had actually seen the petitioner committing the crime. Petitioner who has no other criminal antecedents is in custody from 24.10.2022.

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Accused No.1 has been granted regular bail by

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the session Court in SC.No.304/2023 vide order dated 13.12.2023, which is after dismissal of Crl.P.No.5878/2023. Petitioner is in custody for the last nearly two years. The prosecution has cited all together 53 charge sheet witnesses in the present case. The case before the Trial Court is still at the stage of framing the

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6 - NC: 2024:KHC:41499 CRL.P No. 4369 of 2024

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charge. Though the petitioners earlier bail application was rejected, since, accused No.1 has subsequently been granted regular bail by the Trial Court and considering the period of incarceration of the petitioner in custody, I am of the considered view that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following:-

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in SC.No.304/2023 pending before the Court of LXIII Additional City Civil and Sessions Judge, Bengaluru, arising out of Crime No.309/2022 registered by Yelahanka Police Station, Bengaluru City for the offences punishable under Sections 302, 120(B) read with Section 34 of IPC, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum,

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NC: 2024:KHC:41499 CRL.P No. 4369 of 2024

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out of which one shall be local surety, to the satisfaction of the jurisdictional Court;

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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;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 26

Suresh Alias Mooli Suri v. State of Karnataka by Yelahanka Police

Case brief

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What did the court decide?

Suresh Alias Mooli Suri v. State of Karnataka by Yelahanka Police

Case brief

What is this about?

What did the court decide?

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