Allowed

Raju v. the State of Karnataka

Karnataka HC13 Sept 2024CRL.P/8302/2024

Case brief

AI extract

What is this about?

Successive regular bail petition by accused No.1 in a murder trial where he allegedly strangulated the deceased. Earlier petitions were dismissed and the Sessions Judge rejected bail. With key witnesses including the deceased's wife not supporting prosecution and co-accused on bail, court granted bail with conditions.

What did the court decide?

Petitioner enlarged on bail: Rs.1,00,000 personal bond with two sureties (one solvent), periodic attendance at Imangala Police Station, no witness tampering, regular trial appearance.

Raju Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:37698 CRL.P No. 8302 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8302 OF 2024

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BETWEEN:

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RAJU S/O SABANNA, AGED ABOUT 33 YEARS, RESIDING NEAR GANESHA, TEMPLE UTTARI ROAD, KAGGALIPURA, KANAKAPURA ROAD, BENGALURU - 571 417.

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PERMANENT RESIDENT OF NO. 3/20, WORKENAHALLI VILLAGE, YADAGIR TALUK KARNATAKA - 585 202.

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…PETITIONER

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Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA

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(BY SRI. RAJESH G S.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY IMANGALA POLICE STATION, CHITRADURGA DISTRICT. PIN CODE - 577 558. REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI.RANGASWAMY R., HCGP)

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2 - NC: 2024:KHC:37698 CRL.P No. 8302 of 2024

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C PRAYING TO DIRECTING THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT CHITRADURGA TO RELEASE THE PETITIONER/ACCUSED NO.1 ON BAIL IN S.C.NO.134/2023 FOR THE PENDING TRIAL P/US/ 302 OF IPC AND ETC.

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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This is a successive bail petition preferred by the petitioner/accused No.1 in S.C. No.134/2023 pending on the file of the Court of I Additional District and Sessions Judge at Chitradurga, to enlarge him on bail.

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In Criminal Petition No.13944/2023 disposed

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of on 23.01.2024, this Court considering the materials against the petitioner, has dismissed the said petition. Subsequently, in Criminal Petition No.4718/2024, which was dismissed on 28.06.2024, liberty was reserved to the petitioner to approach the learned Sessions Judge.

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3 - NC: 2024:KHC:37698 CRL.P No. 8302 of 2024

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The learned Sessions Judge has once again rejected the prayer of the petitioner for bail and dismissed the petition filed under Section 483 of the Bharathiya Nagarika Suraksha Sanhita, 2023 vide order dated 18.07.2024.

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According to the prosecution, the

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petitioner/accused No.1 had an illicit relationship with CW.2, wife of deceased Nagendra and there was also some financial transaction between the deceased and the

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petitioner. On 21.07.2023, in the guise of discussing the financial matter, accused no.1 along with accused Nos.2 and 3 took the deceased in a Maruthi Car bearing registration No.KA-05/MA-5263 to Chennammanahalli of Hiriyur Taluk and strangulated him with a thread and committed his murder.

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The prosecution has alleged that the present petitioner has strangulated the deceased with a thread and the said thread/rope is recovered at his instance.

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4 - NC: 2024:KHC:37698 CRL.P No. 8302 of 2024

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It is submitted that the witnesses who are examined before the trial Court have not supported the prosecution case. Learned counsel for the petitioner has made available a copy of the deposition of CW.2, wife of the deceased examined as PW.3. She has not supported the case of prosecution.

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Entire case is based on circumstantial evidence.

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Accused Nos.2 and 3 are already enlarged on bail. It is submitted that CWs.1 to 3 have been examined before the trial Court.

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The petitioner is in judicial custody since 06.09.2023. He has no criminal antecedents. He has undertaken to furnish solvent surety to ensure his presence before the trial Court. Hence, by imposing stringent conditions, he can be admitted to bail. Accordingly the following

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ORDER

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[a] Petition is allowed.

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5 - NC: 2024:KHC:37698 CRL.P No. 8302 of 2024

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[b] Petitioner/accused No.1 in S.C. No.134/2023 pending on the file of the I Additional District and Sessions Judge at Chitradurga [Crime No.116/2023 of Aimangala Police Station, Chitradurga] shall be enlarged on bail subject to following conditions:

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He shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, of which, one shall be a solvent surety to the satisfaction of the jurisdictional Court.

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He shall furnish proof of his residential address and shall inform the Investigating Officer/Court, if there is any change in address.

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He shall mark his attendance before Imangala Police Station, Chitradurga, on the first and third Saturday of every month, till the conclusion of trial.

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He shall not directly or indirectly tamper with the prosecution witnesses.

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6 - NC: 2024:KHC:37698 CRL.P No. 8302 of 2024

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He shall not indulge himself in committing any offence.

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He shall appear before the Trial Court

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regularly without fail.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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Raju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Raju v. the State of Karnataka

Case brief

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