Ravi Kumar N Vs the State of Karnataka

RAVI KUMAR N @ RAVI @ MASSAG RAVI @ RODD S/O LATE NAGARAJU AGED ABOUT 40 YEARS R/AT T GOLLAHALLI VILLAGE KODIHALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 119.

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…PETITIONER

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(BY SRI LETHIF B, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY KODIHALLI POLICE STATION RAMANGARA DISTRICT REP BY SPP, HIGH COURT BUILDING, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI K. NAGESHWARAPPA, HCGP)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C PRAYING TO RELEASE HIM ON BAIL IN CRIME NO.4/2024 (S.C.NO.5034/2024) OF KODIHALLI POLICE STATION, RAMANAGARA DISTRICT FOR THE OFFENCE P/US/ 302 OF IPC PENDING ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KANAKAPURA RAMANAGARA.

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NC: 2025:KHC:15812 CRL.P No. 11471 of 2024

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in S.C.No.5034/2024 pending before the Court of

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II Addl. District & Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.4/2024 registered by Kodihalli Police Station, Ramanagara District, for the offences punishable under Section 302 of IPC, is before this Court under Section 439 of Cr.PC seeking regular bail.

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Heard the learned Counsel for the parties.

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FIR in Crime No.4/2024 was registered by Kodihalli Police Station, Ramanagara District, for the aforesaid offence against the petitioner herein based on the first information dated 11.01.2024 received from Raju who is the brother of deceased Ravisha. During the course of investigation of the case, petitioner herein was arrested on 11.01.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offence. His bail application filed before the Trial

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NC: 2025:KHC:15812 CRL.P No. 11471 of 2024

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Court in S.C.No.5034/2024 was rejected on 24.08.2024. Therefore, he is before this Court.

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Learned Counsel for the petitioner submits that the incident in question had taken place in a spur of moment after the deceased had initially assaulted the petitioner. He submits that CW-1 to CW-4 are the eye-witnesses to the incident in question and CW-1, CW-2 & CW-4 are examined as PW-1 to PW-3 before the Trial Court. CW-3 has been given up by the prosecution. Petitioner has no other criminal antecedents. He, accordingly prays to allow the petition.

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Per contra, learned HCGP who has opposed the petition submits that material charge sheet witnesses have supported the case of the prosecution. Petitioner had a motive to commit the murder of deceased. Accordingly, he prays to dismiss the petition.

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Perusal of the material on record would go to show that deceased allegedly had illicit relationship with a married lady Sunitha (CW-18) and petitioner allegedly had spoken to the villagers about the aforesaid relationship of the deceased and

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NC: 2025:KHC:15812 CRL.P No. 11471 of 2024

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he also had advised the deceased not to continue the said relationship. It is in this background about three days prior to 10.01.2024, petitioner and the deceased had fought against each other. On 10.01.2024 at about 8.30 p.m., when the deceased was along with CW-2 to CW-4, petitioner who came there in his motor bike armed with a knife started staring at the deceased, and therefore, deceased allegedly questioned him and also assaulted him with his hands. Petitioner who took out a knife, allegedly stabbed the deceased and as a result, deceased had died.

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CW-1 to CW-4 are the alleged eye-witnesses to the incident in question. According to the learned Counsel for the petitioner, the incident in question had taken place in a spur of moment after the deceased had assaulted the petitioner. CW-1, CW-2 & CW-4 have been already examined before the Trial Court as PW-1 to PW-3. Learned Counsel for the petitioner has brought to the notice of this Court that CW-3 has been given up by the prosecution. Undisputedly, petitioner has no other criminal antecedents. Since the prosecution has already examined the material charge sheet witnesses, there cannot be any apprehension that the petitioner is likely to tamper with the

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NC: 2025:KHC:15812 CRL.P No. 11471 of 2024

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material prosecution witnesses. Out of the 31 charge sheet witnesses cited in the present case, till date only three charge sheet witnesses have been examined. Considering the aforesaid

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aspects of the matter, I am of the opinion that without expressing any opinion on the merits and demerits of the case, the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

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The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.5034/2024 pending before the Court of II Addl. District & Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.4/2024 registered by Kodihalli Police Station, Ramanagara District, for the offences punishable under Section 302 of IPC, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless

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NC: 2025:KHC:15812 CRL.P No. 11471 of 2024

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the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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e) 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 /-

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(S VISHWAJITH SHETTY) JUDGE

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KK

Ravi Kumar N v. the State of Karnataka

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Ravi Kumar N v. the State of Karnataka

Case brief

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