Dismissed

Sri. Ranjith @ Sanjay v. the State of Karnataka by

Karnataka HC4 Sept 2024CRL.P/8014/2024

Case brief

AI extract

What is this about?

Accused No.2 sought regular bail in a Section 307 IPC case alleging a machete assault causing seven injuries including grievous chop wounds. The court noted the gravity of injuries and the petitioner's criminal antecedents, charge sheet not yet filed, and dismissed the bail petition with liberty to approach the trial court after filing of charge sheet.

What the court decided

AI extract

Sri. Ranjith @ Sanjay Vs the State of Karnataka by — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:36302 CRL.P No. 8014 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 8014 OF 2024

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BETWEEN:

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Digitally signed by NANDINI B G Location: high court of karnataka

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SRI. RANJITH @ SANJAY S/O. KRISHNAMURTHY AGED ABOUT 28 YEARS R/AT NO.53, 2^ND CROSS GOPALAPPA BUILDING NEARBY GOVT SCHOOL NAGANAPALYA MARUTHI SEVA NAGAR BANASVADI - 560 032. …PETITIONER (BY SRI. VIDYA SAGAR H.V., SRI. KEMPARAJU, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA BY RAMAMURTHY NAGARA POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. N. ANITHA GIRISH, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.PC PRAYING TO RELEASE THE PETITIONER ON REGULAR BAIL IN CR.NO.384/2023 OF THE RESPONDENT RAMAMURTHY NAGAR POLICE, FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 307 READ WITH SECTION 34 OF IPC, PENDING ON THE FILE OF X ACMM AT BANGALORE.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA

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2 - NC: 2024:KHC:36302 CRL.P No. 8014 of 2024

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ORAL ORDER

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The petitioner-accused No.2 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.384 of 2023 of Ramamurthy Nagar Police Station, pending on the file of the learned X ACMM, Bengaluru, registered for the offence punishable under Section 307 read with Section 34 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Alfred.

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Heard Sri H V Vidya Sagar, learned counsel for the petitioner and Smt Anitha Girish, 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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My answer to the above point is in ‘Negative’ for the following:

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NC: 2024:KHC:36302 CRL.P No. 8014 of 2024

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R E A S O N S

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The petitioner being accused No.2 is seeking grant of bail. He was apprehended on 04.06.2024 and since then he is in judicial custody. The statement of the injured was recorded while he was in trauma Centre, Victoria Hospital. He made specific allegations against accused Nos.1 and 2 that he was assaulted with machete with an intention to cause his death. The corresponding injuries were found in wound certificate which is produced for perusal of the Court.

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It is noticed that there are 7 external injuries, which are as follows:

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"1. An obliquely placed Chop wound present over left side of face extending from outer aspect of left eyebrow across left upper eye lid, eye ball (cornea), inner canthus of left lower eye lid up to middle third front of left side of nostril measuring 12cm x 2.5cm x 1.5cm.

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2. An obliquely placed chop wound present over distal phalanx of left middle finger measuring 3cm x 2cm x bone deep.

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NC: 2024:KHC:36302 CRL.P No. 8014 of 2024

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3. An obliquely placed incised wound present over palmar surface distal phalanx of left index finger measuring 2cm x 0.5cm x bone deep

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4.A horizontally placed incised wound present over upper third outer aspect of left arm measuring 7.5cm x 0.5cm x 0.5cm.

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5. An obliquely placed incised wound present over dorsum distal third of right thumb measuring 2cm x 0.5cm x 0.3cm

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6.An obliquely placed chop wound present over front upper part of left shoulder measuring 6cm x 3cm x 2cm (muscle deep).

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7. Abrasion present over front middle third left side of abdomen measuring 7cm x 0.2cm."

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It is noticed that injury Nos.1 to 3 are grievous in nature and injury Nos.4 to 7 are simple in nature. It is stated that the injured was referred to Minto Eye Hospital for further treatment.

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Learned High Court Government Pleader submits that the petitioner is having criminal antecedents as he is involved in three other criminal cases registered in Banaswadi, Bagalur and KR Puram Police Station.

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NC: 2024:KHC:36302 CRL.P No. 8014 of 2024

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7. Learned counsel for the petitioner has no idea about

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these criminal cases nor he denying the said fact.

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Looking to the nature and seriousness of the offences and also the fact that the charge sheet is not yet filed, I am of the opinion that the petitioner is not entitled for grant of bail. Hence, I answer the above point in the Negative and proceed to pass the following:

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ORDER

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The Criminal Petition is dismissed.

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However, liberty is reserved to the petitioner to approach

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the Trial Court after filing of charge sheet.

Sd/-

(M G UMA) JUDGE

*bgn/CT:VS

List No.: 3 Sl No.: 6

Sri. Ranjith @ Sanjay v. the State of Karnataka by

Case brief

What is this about?

What the court decided

Sri. Ranjith @ Sanjay v. the State of Karnataka by

Case brief

What is this about?

What the court decided

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