Dismissed

Sudhakar @ Sudha v. the State of Karnataka

Karnataka HC3 Sept 2024CRL.P/999/2024

Case brief

AI extract

What is this about?

Accused No.2 in a murder case sought regular bail under Section 439 Cr.P.C., having previously obtained bail but failed to appear, leading to NBW and proclamation, and being involved in multiple other cases including as a rowdy sheeter. The High Court dismissed the petition, finding no grounds for bail, and directed the trial Court to expedite the trial.

What the court decided

AI extract

Sudhakar @ Sudha Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:35914 CRL.P No. 999 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 3^RD DAY OF SEPTEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 999 OF 2024

¶6

BETWEEN:

¶7

SUDHAKAR @ SUDHA S/O DHARMA RAJ, AGED ABOUT 32 YEARS, R/A NO. 215/B, 1ST MAIN, 6TH CROSS, PRAKASHNAGAR, RAJAJINAGAR, BENGALURU-560 064.

¶8

ALSO AT PAURU VILLAGE, CHITURU DISTRICT, ANDRAPRADESH-517 419.

¶9

…PETITIONER

¶10

(BY MISS. SWATHI R. BHAT, ADVOCATE FOR

¶11

SRI. VISHWANATH KANAVI, ADVOCATE)

¶12

Digitally signed by LAKSHMI T Location: High Court of Karnataka

¶13

AND:

¶14

THE STATE OF KARNATAKA SRIRAMPURA POLICE STATION/ REPRESENTED BY PUBLIC PROSECUTOR/ HIGH COURT GOVERNMENT PLEADER, HIGH COURT BUILDING, BENGALURU-560001.

¶15

…RESPONDENT

¶16

(BY SRI.RANGASWAMY R., HCGP)

¶17

THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.224/2023 OF THALAGHATTAPURA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 143,147,148,363,302,149 OF IPC PENDING ON THE FILE

¶18

2 - NC: 2024:KHC:35914 CRL.P No. 999 of 2024

¶19

OF THE LXIII ADDITIONAL CIVIL AND SESSIONS JUDGE, (CCH64) AT BENGALURU IN S.C.NO.348/2023.

¶20

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

¶21

CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

¶22

ORAL ORDER

¶23

Petitioner/accused No.2 has preferred this petition under Section 439 of Cr.P.C., praying to enlarge him on bail in Crime No.209/2016 registered at Srirampura Police Station, now pending in S.C.No.348/2023 on the file of the Court of LXIII Additional City Civil and Sessions Judge (CCH-64) at Bengaluru.

¶24

Charge sheet is filed against the petitioner and

¶25

three others for the offence punishable under Section 364, 302 r/w 34 of IPC, alleging that they have committed the murder of one Aristotle by assaulting him with deadly weapons in the early morning of 30.10.2016.

¶26

¶27

NC: 2024:KHC:35914 CRL.P No. 999 of 2024

¶28

3. Initially, petitioner was granted bail by the

¶29

learned Sessions Court in criminal Misc No.8623/2018 vide order dated 26.10.2018, imposing conditions.

¶30

Subsequent to the release of petitioner, since

¶31

he continuously failed to appear before the trial Court, NBW was issued and proclamation was also issued. Later he was arrested on 20.09.2023 and since then he is in custody. The bail petition of the petitioner was rejected by the learned Sessions Judge and the criminal petition No.3722/2023 preferred by him before this Court also came to be dismissed on 12.06.2023.

¶32

5. It is observed while dismissing the above

¶33

petition that the incident is of the year 2016 and the petitioner was granted bail on 26.10.2018, but after his

¶34

release, he failed to appear before the committal Court. Further, the petitioner is arraigned as an accused in Crime No.108/2020 of Srirampura Police Station and therefore,

¶35

4 - NC: 2024:KHC:35914 CRL.P No. 999 of 2024

¶36

after he was released on bail in this case, he once again involved in another case.

¶37

Learned High Court Government Pleader has contended that there are as many as 13 cases registered against the petitioner and he is a rowdy sheeter and therefore, if he is released on bail, he may once again involve in criminal activities and he may also flee from justice. In that event, it is difficult to secure his presence, as he hails from the State of Andhra Pradesh and not a permanent resident of Bengaluru.

¶38

Learned counsel for petitioner submits that the

¶39

absence of the accused before the trial Court was unintentional, as he was lodged in prison in connection with Crime No.363/2018 registered at Rajagopalnagar Police Station. She submits that in the said case, petitioner has been granted bail. She submits that the petitioner is ready and willing to abide by any conditions and he will undertake to appear before the trial Court regularly.

¶40

5 - NC: 2024:KHC:35914 CRL.P No. 999 of 2024

¶41

This Court has already considered the prayer of

¶42

the petitioner for bail in Criminal Petition No.3722/2023. It is observed therein that even after the registration of present case, petitioner is involved in Crime No.108/2020 of Srirampura Police Station. Learned High Court Government Pleader has submitted that after grant of bail in Crime No.363/2018 of Rajagopalnagar Police Station, by this Court in criminal petition No.1410/2019, petitioner has remained absent before the trial Court and even in the said case proclamation was issued against the petitioner.

¶43

It is not disputed that the petitioner is a rowdy sheeter and he is involved in several cases. The learned Sessions Judge after considering the facts and circumstances has once again dismissed the prayer of the petitioner for bail by an order dated 19.08.2023. As rightly contended by the learned High Court Government Pleader, if the petitioner released on bail, chances of absconding and committing similar offences is not ruled out. No

¶44

NC: 2024:KHC:35914 CRL.P No. 999 of 2024

¶45

¶46

grounds are made out to allow the petition. Petition is

¶47

Dismissed.

¶48

The trial Court is directed to expedite the trial.

¶49

SD/(MOHAMMAD NAWAZ) JUDGE

¶50

HB List No.: 1 Sl No.: 10

Sudhakar @ Sudha v. the State of Karnataka

Case brief

What is this about?

What the court decided

Sudhakar @ Sudha v. the State of Karnataka

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Reshma Vs State by

Ganesha Vs State of Karanataka

Sri Pravina Vs State of Karnataka

Shashikumar Vs the State of Karnataka

Sri Muniyappa Vs State of Karnataka

Sonnegowda Vs the State of Karnataka