Allowed

Mr Ravindra Kumar v. State of Karnataka

Karnataka HC24 Oct 2024CRL.P/7820/2024

Case brief

AI extract

What is this about?

A criminal bail petition by two accused persons facing murder and assault charges. The High Court enlarged them on bail subject to strict conditions, including a personal bond, local surety, and monthly attendance at the police station.

What did the court decide?

Enlargement of petitioners on bail with a personal bond of Rs. 2,00,000 each, one local surety, and conditions of appearance and monthly police attendance.

Mr Ravindra Kumar Vs State of Karnataka — Cheque Dishonour | Karnataka HC (2024)

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1 - NC: 2024:KHC:42855 CRL.P No. 7820 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^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. 7820 OF 2024

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BETWEEN:

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MR. RAVINDRA KUMAR, AGED ABOUT 22 YEARS, S/O. PAWAN SAHANI, RESIDING AT WARD NO. 8, SARACHIYA, MAHULI POS, MURURGHAR, MANGALPUR, SAMASTIPURA DISTRICT, BIHAR - 848 208.

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Digitally signed by CHAITHRA P Location: High Court of Karnataka

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MR. MANOJ KUMAR SAHANI, AGED ABOUT 22 YEARS, S/O. VASUDEVA SAHANI, RESIDING AT WARD NO. 8, SARACHIYA, MAHULI POS, MURURGHAR, MANGALPUR, SAMASTIPURA DISTRICT, BIHARA - 848 208.

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…PETITIONERS

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(BY SRI. ASHWIN JOYSTON KUTINHA, ADVOCATE FOR SRI. VIKRAM RAJ A., ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH SURATHKAL POLICE STATION, DAKSHINA KANNADA DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT (BY SRI. M. DIVAKAR MADDUR, HCGP)

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NC: 2024:KHC:42855 CRL.P No. 7820 of 2024

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN S.C.NO.186/2023 FOR THE OFFENCE P/U/S 504, 323, 324, 326, 307, 302 R/W 34 OF IPC WHICH IS REGISTERED IN PURSUANCE OF CR.NO.14/2023 OF SURATHKAL P.S. BY THE RESPONDENT POLICE ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, D.K MANGALURU WHICH IS REGISTERED IN PURSUANCE OF CR.NO.14/2023.

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

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused Nos.1 and 2 in S.C.No.186/2023 pending before the Court of III Additional District and Sessions Judge, Surathkal, Dakshina Kannada, Mangaluru arising out of Crime No.14/2023 registered by Surathkal Police Station, Dakshina Kannada, Mangaluru for offences punishable under Sections 504, 323, 324, 326, 307, 302 read with 34 of IPC are before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.14/2023 was registered by

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Surathkal Police Station, Dakshina Kannada against the petitioners and another initially for offences punishable under Sections 504, 323, 324, 347, 506 read with 34 of IPC on the

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3 - NC: 2024:KHC:42855 CRL.P No. 7820 of 2024

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basis of the first information dated 12.02.2023 received from Pappu Sahani (C.W.1) who is the injured eye witness in the present case. During the course of investigation petitioners herein who are arraigned as accused Nos.2 and 3 in the F.I.R. were arrested on 12.02.2023. Chotu Kumar who was one of the injured in the present case, died on 12.02.2023 and therefore, offence punishable under Section 302 of IPC was invoked in the present case. Investigation was completed and charge sheet was filed against three persons. Petitioners herein are arraigned as accused Nos.1 and 2 in the charge sheet and

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the juvenile accused is arraigned as accused No.3. Bail application filed by the petitioners before the trial Court in S.C.No.186/2023 was rejected on 12.12.2023. Therefore, petitioners are before this Court.

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Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that petitioners who are youngsters aged about 22 years have no criminal antecedents. Accused and the three injured persons in the case were all good friends and they stayed together. Incident in question has taken place in a spur of moment after accused and injured fought against each other on a petty issue

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NC: 2024:KHC:42855 CRL.P No. 7820 of 2024

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and allegation of assaulting the deceased Chotu Kumar on his head with metal pipe is against the juvenile accused. Petitioners allegedly had assaulted the deceased as well as the injured with metal bangle which they were wearing in their hand. Petitioners are in custody for the last twenty months and trial in the case is yet to commence. Accordingly, prays to allow the petition.

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Per contra, the learned HCGP who has opposed the petition submits that petitioners are permanent residents of Bihar State and in the event they are enlarged on bail, it may be difficult to secure them. He submits that there are two injured eye witnesses to the incident. In the event, if petitioners are enlarged on bail, they are likely to tamper the prosecution witnesses. Accordingly, prays to dismiss the petition.

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Perusal of the first information and charge sheet would go to show that accused, deceased and two injured persons hail from Bihar State and they all came to Mangaluru to work as marble masons and they were all staying together in a rented premises at Hosabettu in Surathkal, Dakshina

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NC: 2024:KHC:42855 CRL.P No. 7820 of 2024

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Kannada District. On 11.02.2023 Pappu Sahani C.W.1 had purchased chicken meat and the juvenile accused and accused No.1 asked C.W.1 to cook the chicken. C.W.1 allegedly refused to cook the chicken on the ground that, he had cooked on the earlier dates and therefore, asked accused persons to cook. The accused persons who got enraged allegedly assaulted C.W.1 with the metal bangle which they were wearing in their hand. When Chotu Kumar tried to interfere, the juvenile accused allegedly assaulted Chotu Kumar with a metal pipe on his head. Thereafter, accused Nos.1 and 2 also allegedly assaulted Chotu Kumar with the metal bangle which they were wearing in their hand. It is also alleged that all accused persons assaulted C.W.2 Mannu Kumar with the metal bangle. As a result of assault made on his head Chotu Kumar succumbed to the injuries on the next day of incident. Postmortem report of Chotu Kumar would go to show that he had sustained two external injuries on his body, which reads as follows:

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"1. Reddish abraded contusion of 10 cm x 9 cm present on the right cheek extending to ear.

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2. Reddish contusion of 7cm x 4cm present on the back of left side of head".

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NC: 2024:KHC:42855 CRL.P No. 7820 of 2024

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Injury No.1 is corresponding to the assault made by accused Nos.1 and 2 on the face of Chotu Kumar with metal bangle and injury No.2 is corresponding to the assault made by the juvenile accused on the head of Chotu Kumar with metal pipe. In the post-mortem report it is mentioned that deceasedChotu Kumar had died due to the head injury and assault on the head of Chotu Kumar with metal pipe is made by juvenile accused. Petitioners aged about 22 years having no criminal antecedents are in custody from 12.02.2023. The prosecution in all has cited 41 charge sheet witnesses in the present case and as on date, not even a single charge sheet witness has been examined before the trial Court. The apprehension expressed by the learned HCGP can taken care of by imposing appropriate conditions. Accordingly, I pass the following:

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ORDER

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The petition is allowed .

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The petitioners are directed to be enlarged on bail in S.C.No.186/2023 pending before the Court of III Additional District and Sessions Judge, Surathkal, Dakshina Kannada, Mangaluru, arising out of Crime No.14/2023 registered by Surathkal Police Station, Dakshina Kannada, Mangaluru for

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NC: 2024:KHC:42855 CRL.P No. 7820 of 2024

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offences punishable under Sections 504, 323, 324, 326, 307, 302 read with 34 of IPC, subject to the following conditions:

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a) The petitioners shall execute a personal bond for a sum of Rs.2,00,000 each (Rupees Two Lakhs only) with two sureties out of which one local surety for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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

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d) The petitioners shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off;

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e) The petitioners shall not involve in similar offences in future;

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f) The petitioners shall furnish their address proof and mobile phone numbers to the Station House Officer of Surathkal Police Station, Mangaluru City;

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8 - NC: 2024:KHC:42855 CRL.P No. 7820 of 2024

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g) The petitioners shall also mark their attendance before the Station House Officer of Surathkal Police Station, Dakshina Kannada, Mangaluru City, on the first Sunday of every month between 10.00 am to 1.00 pm till the case filed against them is disposed of.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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GPG List No.: 1 Sl No.: 53 CT: BHK

Mr Ravindra Kumar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Ravindra Kumar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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