Venkatesh Vs State of Karnataka by

STATE OF KARNATAKA BY SHO, HOSAKOTE POLICE STATION BENGALURU RURAL DISTRICT PIN CODE - 562 114. REPTD.BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.

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LAKSHMI

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W/O. SHIVA AGED ABOUT 24 YEARS RESIDING AT SARJAPURA ROAD OPP GEEN WOOD COLLEGE CHIKKODEPURA, HEGGONDAHALLI

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NC: 2025:KHC:42862 CRL.P No. 10934 of 2025

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HC-KAR

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DOMMASANDRA

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BENGALURU CITY – 560 035.

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…RESPONDENTS

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(BY SRI CHANNAPPA ERAPPA, HCGP R2 SERVED BUT UNREPRESENTED)

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THIS CRL.P IS FILED UNDER SECTION 439 Cr.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN S.C No.303/2024 (CC No.6982/2024 OF CR.NO.201/2024) FOR ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 302, 307 R/W 34 OF IPC, REGISTERED BY HOSAKOTE POLICE, BENGALURU CITY NOW PENDING ON THE FILE OF HON’BLE PRL.DIST. AND SESSIONS JUDGE, BENGALURU 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 SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by the sole accused under

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Section 439 of Cr.P.C. praying to grant bail in crime No. 201/2024 of Hoskote Police Station pending in S.C. No. 303/2024 on the file of IX Additional District and Sessions Judge, Bengaluru registered for offences punishable under Sections 302, 307 read with Section 34 IPC.

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Heard learned counsel for petitioner and

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learned HCGP for respondent - State.

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HC-KAR

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Learned counsel for petitioner would contend

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that the incident has taken place at 06.15 p.m. on 17.06.2024 and the complaint came to be lodged at 10.45 a.m. on 18.06.2024 and there is a delay in filing the complaint. The deceased died in the hospital at 09.33 pm on 17.06.2024. Thereafter also, there is no complaint by C.W.1 and C.W.2 who are stated to be eyewitness to the incident. In the postmortem report there is no mention that the death is homicidal. The deceased was a pillionrider along with two persons namely C.W.1 and C.W.2 on a two wheeler and might have sustained the injury due to fall. Even though C.W.1 and C.W.2 are eyewitnesses to the incident they have not filed complaint immediately. There is no recovery at the instance of this petitioner. The bamboo stick has been recovered fallen on the open space and in the spot mahazar it is noted that it is not blood stained and therefore, doubt arises as to the report of FSL wherein it is stated that bamboo stick is blood stained. Even though it is alleged that accused hit the two wheeler

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HC-KAR

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with bamboo stick, no damage is found to the two wheeler. Petitioner is innocent and he has been falsely implicated in the case. In the MLC report also it is mentioned that assault is by known people and name of petitioner has not been stated in it. As chargesheet is filed petitioner is not required for custodial interrogation. Petitioner who has been arrested on 19.06.2024 is in judicial custody till now. There are no criminal antecedents. The petitioner is ready to abide by any terms and conditions to be imposed by this Court and undertakes to appear before the trial Court on all dates of hearing and co-operate for speedy trial. With this, he prayed to allow the petition.

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Per contra, learned HCGP would contend that C.W.1 and C.W.2 are eye witnesses to the incident and they have specifically stated the acts of the petitioner assaulting the deceased on her head with bamboo stick. Charge sheet material shows prima facie case against the petitioner. Trial has commenced and if the petitioner is

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NC: 2025:KHC:42862 CRL.P No. 10934 of 2025

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HC-KAR

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granted bail at this stage he will flee from justice and tamper the prosecution witnesses. With this he prayed for rejection of the petition.

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Having heard learned counsel for the parties,

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this Court has perused the chargesheet records.

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The incident has taken place at 06.15 pm on 17.06.2024. Deceased, who sustained injury in the incident, was taken to the hospital and she died at 09.33 pm on the same day. Complaint has been lodged by C.W.1 who is one of the eye witnesses to the incident on 18.06.2024 at 10.45 am. Delay in filing the complaint has not been explained in the complaint. Even though there is allegation that the accused hit the two wheeler with a bamboo stick, no damage is found to the two wheeler. In the spot mahazar bamboo stick which has been seized is found to be not stained with blood. In the FSL report said bamboo stick is found to be blood stained. Even though C.W.1 and C.W.2 are eye witnesses, after the death of the deceased they have not immediately rushed to the Police

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HC-KAR

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Station to lodge complaint. As chargesheet is filed petitioner is not required for custodial interrogation. There are no criminal antecedents of the petitioner. The apprehension of the prosecution that if the petitioner is granted bail he will tamper the prosecution witnesses can be met with by imposing stringent conditions.

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In the result, the following;

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O R D E R

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Petition is allowed. Petitioner is granted bail in SC No. 303/2024 pending on the file of IX Additional District and Sessions Judge, Bengaluru arising out of crime No. 201/2024 of Hoskote Police Station subject to following conditions:

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