Allowed

Kishor Kumar v. Vs State by Rajagopalnagar Police Station

Karnataka HC27 Jun 2024CRL.P/5446/2024

Case brief

AI extract

What is this about?

Accused No.1 in a murder case sought regular bail under Section 439 Cr.P.C. after over two years in judicial custody with no prosecution witness examined since framing of charge. The court held continued detention amounted to pretrial punishment and enlarged him on bail with conditions.

What did the court decide?

Petitioner enlarged on bail in Crime No.260/2019 (SC No.1441/2019) on bond of Rs.2,00,000 with two sureties, subject to conditions including no witness tampering and attendance at all hearings.

Kishor Kumar v Vs State by Rajagopalnagar… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC:23891 CRL.P No. 5446 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JUNE, 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. 5446 OF 2024

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BETWEEN:

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KISHOR KUMAR V S/O VENKATESH AGED ABOUT 30 YEARS R/AT NO.11, 7^TH CROSS GAJANANA NAGAR HEGGANAHALLI CROSS SUNKADAKATTE BENGALURU CITY - 560 091.

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…PETITIONER

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(BY SRI. SHARATH .J.M., ADVOCATE)

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Digitally signed by BHARATHI S Location: high court of karnataka

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AND:

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STATE BY RAJAGOPALNAGAR POLICE STATION 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 CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO RELEASE HIM ON BAIL WHO IS ACCUSED NO.1 IN CR.NO.260/2019 (S.C.NO.1441/2019) RAJAGOPALNAGAR POLICE STATION, ON THE FILE OF LXIX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU AGAINST THE PETITIONER FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 212 AND 120(B) READ WITH SECTION 34 OF IPC IN RESPECT OF THE PETITIONER.

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

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2 - NC: 2024:KHC:23891 CRL.P No. 5446 of 2024

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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.260 of 2019 of Rajagopal Nagar Police Station, pending in SC No.1441 of 2019 on the file of the learned LXIX Additional City Civil and Sessions Judge, Bengaluru, registered for the offences punishable under Sections 302, 212, 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 Gopal.

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Heard Sri J M Sharath, learned counsel for the petitioner and Sri K Rahul Rai, 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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“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”

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3 - NC: 2024:KHC:23891 CRL.P No. 5446 of 2024

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My answer to the above point is in ‘Affirmative’ 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 01.06.2019 and since then he is in judicial custody. The brother of the deceased lodged the first information against accused No.1 and others making specific allegations. After investigation, the charge sheet came to be filed. It is the contention of the prosecution that accused No.1 was having extra marital relationship with CW12. He had taken private videograph of CW12 and shared the same in Facebook. The deceased being the husband of CW12 objected for the same and that was the motive for accused No.1 to cause the death of the deceased. Accordingly, on the date of incident, accused No.1 accompanied with accused Nos.2 to 6 and went to the scene of offence and accused No.1 assaulted with long, accused Nos.2 to 6 assaulted with club and hands, by throwing chilly powder on the deceased.

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The postmortem report discloses that the deceased has sustained as many as 21 external injuries and the cause of

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4 - NC: 2024:KHC:23891 CRL.P No. 5446 of 2024

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death was due to multiple injuries sustained. As per the charge sheet, CWs.16 to 19 are the eye witnesses to the incident. The incident in question is very gruesome which was witnessed by the eye witnesses. Taking into consideration all these circumstances, the contention of the learned counsel for the petitioner that the petitioner is not involved in the commission of offence cannot be accepted at this stage.

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It is relevant to note that the charge was framed by the Trial Court on 15.02.2022. Till date, not even a single witness is examined by the prosecution. The order sheet of the Trial Court discloses that repeatedly NBWs were being issued to the witnesses. In spite of that, the presence of the witnesses could not be secured. There are in all 40 witnesses cited in the charge sheet. Examination of these witnesses will take years together. There is absolutely no explanation for non examination of the prosecution witnesses for the period of two years after framing charges, even though the petitioner is in judicial custody. His detention in custody would amount to pretrial punishment and it will infringe his right to life and liberty. Therefore, I am of the opinion that the petitioner is entitled to

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5 - NC: 2024:KHC:23891 CRL.P No. 5446 of 2024

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be enlarged on bail subject to conditions, which will take care of the interest of the prosecution.

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Accordingly, I answer the above point in the affirmative and proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioner is ordered to be enlarged on bail in Crime No.260 of 2019 of Rajagopal Nagar Police Station, pending in SC No.1441 of 2019 on the file of the learned LXIX Additonal City Civil and Sessions Judge, Bengaluru, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

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a). The petitioner shall not commit similar offences.

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b). The petitioner shall not threaten or tamper with the prosecution witnesses.

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c). The petitioner shall appear before the trial Court on all the dates of hearings.

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6 - NC: 2024:KHC:23891 CRL.P No. 5446 of 2024

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If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.

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On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.

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Sd/JUDGE

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*bgn/CT:VS List No.: 1 Sl No.: 36

Kishor Kumar v. Vs State by Rajagopalnagar Police Station

Case brief

What is this about?

What did the court decide?

Kishor Kumar v. Vs State by Rajagopalnagar Police Station

Case brief

What is this about?

What did the court decide?

What the court decided

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