Allowed

Harun Hussain v. State by Jnanabharathi P S

Karnataka HC6 Nov 2024CRL.P/9583/2024

Case brief

AI extract

What is this about?

High Court at Bengaluru allowed a bail petition filed under Section 439 Cr.P.C. for an accused arrested in a murder case. The High Court rejected the High Public Prosecutor's apprehension of absconding by imposing personal bond and specific conditions.

What did the court decide?

Petitioner released on bail subject to execution of personal bond of Rs. 2,00,000/- with two sureties (one local), prohibition on tampering with witnesses, appearance in court, and not leaving jurisdi

Harun Hussain Vs State by Jnanabharathi P S — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:44645 CRL.P No. 9583 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9583 OF 2024

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BETWEEN:

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HARUN HUSSAIN S/O KALUVA, AGED ABOUT 26 YEARS, R/AT 348/1, SHIVALINGASWAMY BUILDING, 2ND CROSS, BAJAJ STREET,. K R PURAM, BENGALURU-560062

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…PETITIONER

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(BY SRI. PRASANNA RAO R.,ADVOCATE) AND:

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STATE BY JNANABHARATHI P S REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.

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Digitally signed by REKHA R

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Location: High Court of Karnataka

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(BY SRI. RAHUL RAI K., HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNNS) PRAYING TO RELEASE THE PETITIONER (ACCUSED NO.1) ON BAIL IN CR.NO.311/2023 OF RESPONDENT JNANABHARATHI P.S., REGISTERED FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 302, 201 OF IPC, 1860, PENDING ON THE FILE OF THE HONBLE COURT OF XLV ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH-46) PENDING IN S.C.NO.72/2024

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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:44645 CRL.P No. 9583 of 2024

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in S.C.No.72/2024 pending before the Court of XLV Addl. City Civil and Sessions Judge, Bengaluru City (CCH-46) arising out of Crime No.311/2023 registered by Jnanabharathi police Station, Bengaluru City, for the offences punishable under Sections 302 & 201 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard learned counsel for the parties.

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FIR in crime No.311/2023 was registered by the

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Jnanabharathi Police Station Bengaluru City, initially for the offence punishable under Section 302 of IPC against the petitioner, on the basis of the first information dated 06.09.2023, received from Mohammad Areef, who is the younger brother of the deceased lady Reshma Bhanu, aged about 40 years. During the course of investigation, the petitioner was arrested and remanded to the judicial

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3 - NC: 2024:KHC:44645 CRL.P No. 9583 of 2024

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custody on 13.09.2023. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offences.

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Bail application filed by the petitioner before the

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Trial Court in S.C.No.72/2024 was rejected on 29.08.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that petitioner is youngster aged about 26 years, having no criminal antecedents and he is in custody for the last more than one year. Entire case of the prosecution is based on circumstantial evidence. Statement of witnesses who had last seen the petitioner and the deceased fighting against each other is belatedly recorded. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the bail petition and submits that petitioner hails from Uttar Pradesh State and in the event he is enlarged on bail, he is likely to flee away from justice. He also submits that

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4 - NC: 2024:KHC:44645 CRL.P No. 9583 of 2024

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CW-10 and 11 who are the neighbours of the house in which deceased was found dead had seen the petitioner quarrel with deceased on 05.09.2023. There are sufficient circumstances to connect the petitioner to crime. Accordingly, he prays to dismiss the petition.

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In the first information dated 06.09.2023 it is stated that first informant's elder sister deceased Reshma Bhanu was residing alone after she had lost her husband. On 06.09.2023 the first informant's mother informed him that there was no response from the deceased and therefore she requested him to verify. Thereafter the first informant went to the house of the deceased and found that the house was locked from inside, he pushed the door of the house and when he went inside he found the dead body of the his sister Reshma Bhanu lying on the floor. He suspected the hand of the petitioner in crime since petitioner was often visiting the house of the deceased. During the course of investigation the petitioner herein was arrested on 13.09.2024 and remanded to judicial

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5 - NC: 2024:KHC:44645 CRL.P No. 9583 of 2024

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custody. Investigation in the case is completed and charge sheet has been filed.

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In the charge sheet it is alleged that the petitioner had illicit relationship with the deceased Reshma Bhanu and later deceased had distanced herself from the petitioner and she was not responding to his phone calls. He thereafter found that deceased had relationship with CW-6 and therefore on 05.09.2024 he went to the house of the deceased and after quarreling with her he allegedly strangulated her neck with a Veil and committed her murder.

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Entire case of the prosecution is based on circumstantial evidence. CW-10 and 11 are the witnesses who allegedly had seen the petitioner and the deceased lady fighting in the house of the deceased on 05.09.2023. However, their statement was belatedly recorded on 15.09.2023. Undisputedly, the petitioner has no criminal antecedents and is in custody from 13.09.2023. Trial in case is yet to commence and the prosecution in all has

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6 - NC: 2024:KHC:44645 CRL.P No. 9583 of 2024

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cited 43 charge sheet witnesses in the present case. Apprehension of the learned HCGP can be taken care of by imposing appropriate conditions.

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Accordingly, the following order:

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:ORDER:

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The Criminal Petition is allowed.

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The petitioner is directed to be released on bail

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(1) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties, out of which, one surety shall be a local surety, for the likesum to the satisfaction of the concerned/jurisdictional court;

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(2) The petitioner shall not indulge in tampering the prosecution witnesses either directly or indirectly;

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(3) The petitioner shall appear before the trial court on all hearing dates unless his appearance is exempted by the said court for valid reasons.

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(4) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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SD/(S VISHWAJITH SHETTY) JUDGE

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ASN List No.: 1 Sl No.: 47

Harun Hussain v. State by Jnanabharathi P S

Case brief

What is this about?

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Harun Hussain v. State by Jnanabharathi P S

Case brief

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