Allowed

Purushottham Reddy v. the State of Karnataka

Karnataka HC15 Oct 2024CRL.P/9158/2024

Case brief

AI extract

What is this about?

The High Court allowed a bail petition under S.439 Cr.P.C./S.483 BNSS for an accused charged with murder. Granting bail was justified on parity with co-accused already freed and due to the trial's long duration, subject to strict conditions.

What did the court decide?

The trial court is directed to release the petitioner on bail subject to conditions including executing a bond for Rs. 2,00,000 with two sureties, not leaving jurisdiction, and not tampering with witn

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

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NC: 2024:KHC:41902 CRL.P No. 9158 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 9158 OF 2024 (439(Cr.PC) /

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483(BNSS)-)

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BETWEEN:

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PURUSHOTTHAM REDDY S/O LATE KRISHNAREDDY, NOW AGED ABOUT 60 YEARS, AGRICULTURIST,

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R/O KELAGALAHATTI VILLAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577 501.

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…PETITIONER

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(BY SRI. CHANDRASHEKAR K A., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY THE POLICE OF CHITRADURGA RURAL POLICE STATION, CHITRADURGA - 577 501.

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Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

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REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. WAHEEDA M M., HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.243/2022 OF CHITRADURGA RURAL P.S CHITRADURGA NOW PENDING IN SC NO.25/2023 ON THE FILE OF THE LEARNED I ADDL., DISTRICT AND SESSIONS CHITRADURGA FOR THE OFFENCE P/U/S 341, 109, 302, 120B R/W 34 OF IPC.

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

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NC: 2024:KHC:41902 CRL.P No. 9158 of 2024

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

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ORAL ORDER

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HCGP is directed to take notice for respondent/state.

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This criminal petition is filed by the petitioner /accused No.1 under section 439 of Cr.P.C.(Old) under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (In short 'BNSS') (New) Act, for granting bail in SC.No.25/2023 arising out of Crime No.243/2022 registered by the Chitradurga Rural police station, Chitradurga district and charge sheeted for the offence punishable under Section 341, 109, 302 and 120B R/w 34 of IPC.

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Heard the arguments of learned counsel for the

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petitioner and HCGP for the respondent/state.

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The case of the prosecution is that one Anusha daughter of deceased Bhagyamma filed complaint on 31.05.2022, alleging that her father had a land adjacent to the land of the accused No.1/ present petitioner and there was pathway dispute between them. The accused Nos.5

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NC: 2024:KHC:41902 CRL.P No. 9158 of 2024

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and 7 said to have abetted accused Nos. 1 to 4 for committing the murder of the family members of the complainant. On 31.05.2022 at about 9.15 a.m., when her mother went to switch on the water pump set near their land to release the water, by that time this petitioner along with other accused picked quarrel and assaulted with the wooden stick and caused the murder of deceased Bhagyamma. The petitioners said to be arrested by the police on 31.05.2022, he was remanded for judicial custody, his bail petition came be rejected by the Session Judge, as well as this court on the earlier occasion and now the petitioner once again filed this petition. The learned counsel for the petitioner has contended that accused Nos.2 to 5 were granted bail by this court. Except this petitioner, already 18 witnesses have been examined, now the case is posted for further evidence on 21.04.2024, still more witnesses requires to be examined by the trial court, trial may not conclude in near future. Therefore keeping the petitioner in custody does not serve the purpose. Hence, prayed for granting bail.

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4 - NC: 2024:KHC:41902 CRL.P No. 9158 of 2024

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Per contra learned HCGP objected this petition

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and contended that this petitioner/ accused No.1 is a main accused, if he is granted bail, he may commit similar offences by tampering the prosecution witnesses and also prayed for rejecting the bail application.

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Having heard the arguments and on perusal of the records, it is seen that the allegation against the petitioner and accused Nos. 1 to 4 actually had committed murder of deceased by assaulting with the wooden handle of the clubs. The accused Nos. 2 to 4 having similar allegations were already granted bail by this court in connected matters in Crl.P.Nos. 6988/2024 6962/2022 and 8005/2023, and this petitioner is having similar allegation. The police already seized the weapon, he has assaulted with the stick and handle of the axle. That the court having similar allegation having granted bail by this court, this petitioner also deserves to be allowed on the ground of parity. That apart, most of the witnesses already examined by the trial court, and there is no possibility of

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5 - NC: 2024:KHC:41902 CRL.P No. 9158 of 2024

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concluding the trial in near future. Therefore, keeping the petitioner in custody will not serve any purpose, hence by imposing certain conditions, if the bail is granted no prejudice would be caused to the case of the prosecution.

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Accordingly, criminal petition is allowed.

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The trial court is directed to release the petitioner/

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accused No.1 on bail in crime No.243/2022 registered by the Chitradurga police station, pending on the file of I Additional District and Sessions Judge, Chitradurga, in SC.No.25/2023, subject to the following conditions;

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(i) Petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Two Lakh only) with two sureties for the likesum to the satisfaction of the Investigating Officer;

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(ii) Petitioner shall not indulge in similar offences strictly;

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(iii) He shall not leave the jurisdiction of this court without prior permissions.

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(iv) Petitioner shall take up the trial without causing any further delay.

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NC: 2024:KHC:41902 CRL.P No. 9158 of 2024

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(v) He shall not tamper with the prosecution witnesses directly/ indirectly;

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If any of the above conditions are violated, the prosecution is at liberty to move application for cancellation of this bail order.

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Sd/(K.NATARAJAN) JUDGE

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SRK List No.: 2 Sl No.: 3 CT:SK

Purushottham Reddy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Purushottham Reddy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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