Allowed

Sri. Sagar K @ Sagara K v. State by Gowribidanur Town Police

Karnataka HC19 Mar 2024CRL.P/618/2024

Case brief

AI extract

What is this about?

Regular bail petition under Section 439 Cr.PC for an accused arrested for offences under Sections 302/34 IPC. Noting absence of motive between petitioner and deceased, discrepancies in the complaint, completed charge sheet, and no further investigative need, the Court granted bail with conditions.

What did the court decide?

Petitioner enlarged on bail on Rs.1,00,000/- personal bond with two sureties, subject to conditions including no criminal activity, no witness tampering, and court attendance.

Sri. Sagar K @ Sagara K Vs State by… — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:11175 CRL.P No. 618 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

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CRIMINAL PETITION NO. 618 OF 2024

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BETWEEN:

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SRI. SAGAR K @ SAGARA K., S/O KRISHNA MURTHY, AGED ABOUT 25 YEARS, IN FIR R/AT SWAGATH LAYOUT, KAREKALAHALLI, GOWRIBIDANURU TOWN, CHIKKABALLAPURA DISTRICT - 561 208.

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PERMANENT R/AT VATADAHOSAHALLI VILLAGE, NAGARAGERE HOBALI, GOWRIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT - 561 208.

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…PETITIONER

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Digitally signed by SOWMYA D Location: High Court of Karnataka

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(BY SRI. HARI KRISHNA K.A., ADVOCATE)

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AND:

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STATE BY GOWRIBIDANUR TOWN POLICE, GOWRIBIDANUR, CHIKKABALLAPURA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. B. LAKSHMANA, HCGP)

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2 - NC: 2024:KHC:11175 CRL.P No. 618 of 2024

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.171/2023 OF GOWRIBIDANUR TOWN P.S., CHIKKABALLAPURA DISTRICT FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC ON THE FILE OF THE HONBLE PRL.CIVIL JUDGE (JR.DN) AND JMFC COURT AT GOWRIBIDANUR

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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 has filed this petition under Section 439 of Cr.PC for enlarging him on bail in Gowribidanur Police Station in Crime No. 171/2023 registered for the offences punishable under Section 302 read with Section 34 of the IPC, pending on the file of Prl. Civil Judge(Jr. Dn) and JMFC Court, Gowribidanur.

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The brief factual matrix leading to the case are as under:

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On 16.12.2023 at about 7.30 a.m., the complainantone venkateshappa who is an ASI working in Gowribidanuru Police Station has lodged a complaint alleging that on 15.12.2023 at about 8 p.m., he and other

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3 - NC: 2024:KHC:11175 CRL.P No. 618 of 2024

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Police Officers were deputed for night patrolling duty and at 9 p.m. they commenced the patrolling from Gowribidanuru, Sumangali Nagar Badavane, Bypass Road. It is alleged that at about 12.30 a.m., they were returning back to Nagappa Block and they noticed that in Swagat Layout, there was a galata took place between unknown persons, as one of them was knocking the door of the house in odd hours and same was intimated by the public. Immediately, they rushed to the spot and noticed that 3 unknown persons were beating the said person who was knocking the door and seeing them in uniform, the persons fled from the spot. They noticed that the victim was bleeding from nose and having lacerated injuries and was unconscious. Immediately, they shifted him to Gowribidanuru Hospital and later on, in the next day morning at 6.30 a.m., the said person succumbed to the injuries.

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The complainant ascertained the names of the

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miscreants and lodged a complaint. On the basis of the complaint, crime came to be registered and petitioners

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4 - NC: 2024:KHC:11175 CRL.P No. 618 of 2024

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was arrested and was remanded to the custody. He has approached the learned Sessions Judge and learned Sessions Judge has rejected the bail petition. Hence, the petitioner is before this Court.

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Heard the learned counsel for the petitioner and learned HCGP and perused the records.

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The allegations of the prosecution disclose that on 16.12.2023 at 0.30 a.m., the deceased, who was subsequently identified as Manjunath knocked the door of house of one Ambarish situated in Swagath Layout, Gowribidanuru town and as a result, a quarrel took place between the Ambarish and the said Manjunath and the neighbours have also joined. It is alleged that the Ambarish, petitioner and one Pavan Reddy indiscriminately assaulted the said deceased person with plastic pipe and stick causing bleeding injuries to him and since the police officers rushed to the spot, they fled and subsequently, the deceased succumbed in the hospital in the morning.

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The records disclose that the deceased was said

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to have been causing nuisance in the locality by knocking

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5 - NC: 2024:KHC:11175 CRL.P No. 618 of 2024

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the doors. The records further disclose that the injured victim was admitted to the hospital by Police Officers around 0.30 a.m. The history of assault was recorded but interestingly, the police officers did not register any case and no explanation was offered. When the injured was admitted in the hospital with a history of assault, it was incumbent on the part of the police officers to register the crime but that was not done.

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Learned counsel for petitioner would contend

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that deceased was a alcoholic and in the night, he was causing nuisance by knocking the doors and the residents have assaulted him but there is no evidence to show that deceased was an alcoholic. The Post Mortem report disclose that the deceased suffered contusions on left arm, right arm, abrasion on the knee, fracture of upper incisors , fracture of metacarpals of 4^th and 5^th, abrasion on right scapular, nasal bone fracture, contusion on left parietal region, haemorrhage left eye and abrasion left flank. However, the allegations of the prosecution discloses that deceased was assaulted by pipe and clubs. However, in

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6 - NC: 2024:KHC:11175 CRL.P No. 618 of 2024

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the complaint the allegations were simply fisting the deceased.

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The complaint allegations further disclose that the complainant got information regarding assailants and then lodged the complaint. However, on what basis he secured the information regarding assailants is not at all forth coming.

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Further, the records disclose that there is no animosity between deceased and petitioner nor there is any other motive. Only allegations was that in the night, the deceased was knocking the door of one Ambarish house and as a result all the locality persons assaulted him. It is not the case of the prosecution that deceased was related to Ambarish or he had any relatives in the said locality.

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Hence, there is no motive forthcoming at this juncture to show that petitioner said to have intended to cause his death.

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Further, the petitioner was arrested on 16.12.2023 in the evening and he is in custody and it is

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7 - NC: 2024:KHC:11175 CRL.P No. 618 of 2024

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further submitted that charge sheet is already laid down. Hence, it is evident that the presence of the petitioner is no more required by the investigating agency. No specific motive is forth coming and considering these facts and circumstances, I do not find any impediment for admitting the petitioner on bail. The other apprehensions raised by the learned HCGP can be meted out by imposing certain conditions. Hence, petition needs to be allowed and accordingly, I 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 directed to be enlarged on bail in Crime No.171/2023 of Gowribidanur Police Station, registered for the offence punishable under Sections 302 read with Section 34 of IPC, which is pending on the file of the Prl. Civil Judge(Jr. Dn) and JMFC Court, Gowribidanur, Chikkaballapura District, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakhs only) with two sureties for the like-sum to the satisfaction of the trial Court, subject to the following conditions that,-

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8 - NC: 2024:KHC:11175 CRL.P No. 618 of 2024

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(i) He shall not indulge in any of the criminal activities

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(ii) He shall not tamper the prosecution witnesses either directly or indirectly.

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(iii) He shall not leave the jurisdiction of the Court, without prior permission of concerned court.

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(iv) He shall attend the Court on all the dates of hearing, unless he is exempted by a specific order.

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(v) He shall co-operate for speedy disposal of the matter.

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Sd/JUDGE

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RAK

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List No.: 1 Sl No.: 41 CT:SNN

Sri. Sagar K @ Sagara K v. State by Gowribidanur Town Police

Case brief

What is this about?

What did the court decide?

Sri. Sagar K @ Sagara K v. State by Gowribidanur Town Police

Case brief

What is this about?

What did the court decide?

What the court decided

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