Dismissed¶40

Maruthi K G v. State by Harihar Town Police

Karnataka HC13 Jan 2025CRL.P/13678/2024

Case brief

AI extract

What is this about?

Karnataka High Court (Mohammad Nawaz, J.), CRL.P No. 13678 of 2024, decided 13-01-2025: regular bail under S.439 CrPC refused to accused No.2 charged under Ss.341, 302, 324, 307 r/w 34 IPC for murder; prima facie case made out from eye-witness statements that petitioner held deceased while co-accused stabbed him; gravity of offence weighed against release despite custody exceeding one year eight months; petition dismissed.

What did the court decide?

On the statements of the eye-witnesses, both accused are involved in the commission of the offence: the petitioner is alleged to have held the deceased while accused No.1 assaulted him with a knife on the neck, chest and other parts of the body; accordingly there is a prima facie case against the petitioner. ¶37

Maruthi K G Vs State by Harihar Town Police — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether petitioner (accused No.2), charged under Sections 341, 302, 324, 307 read with Section 34 of IPC in S.C.No.98/2023 arising from Crime No.81/2023, should be enlarged on regular bail under Section 439 CrPC, having regard to the nature and gravity of the offence, the eye-witness statements and the period of custody already undergone.

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Court's answer

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Ratio / Principle

Considering the nature and gravity of the offence (murder, with fatal stab wounds confirmed by postmortem), this is not a fit case to enlarge the petitioner on bail; the bail petition is dismissed.

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Detailed headnote1 paragraphs

Criminal Petition under Section 439 CrPC (filed under Section 483 BNSS) by Maruthi K. G., accused No.2 in S.C.No.98/2023 (Crime No.81/2023, Harihara Town Police Station, Davanagere), seeking regular bail for offences punishable under Sections 341, 302, 324, 307 read with Section 34 of IPC for the murder of Kumar K.G. on 14.05.2023. Prosecution case: after an initial quarrel in which accused No.1 assaulted the deceased with hands and accused No.2 hit him with a cement stone, both accused, already present in the hospital, again attacked the deceased with a knife and committed his murder. Eye-witness statements disclose that the petitioner held the deceased while accused No.1 stabbed him on the neck, chest and other parts; C.W-12, who intervened, was also assaulted. Postmortem attributed death to combined effects of Hemorrhagic shock and respiratory failure (right lung collapse) consequent upon fatal stab wounds. With the trial in progress and some eye-witnesses yet to be examined, and considering the nature and gravity of the offence, the Court held it was not a fit case to enlarge the petitioner on bail and dismissed the petition. Custody undergone: from 15.05.2023, over one year eight months.

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NC: 2025:KHC:1262 CRL.P No. 13678 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 13678 OF 2024

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BETWEEN:

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MARUTHI K. G., AGED ABOUT 24 YEARS, S/O LATE GUDDAPPA, R/A OLD BHARAMPURA, NEAR 108 LINGESHWARA TEMPLE, HARIHARA - 577 601, DAVANAGERE DISTRICT.

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…PETITIONER

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(BY SMT. SHRUTHI S P., FOR SRI. M. VINAYA KEERTHY., ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE BY HARIHAR TOWN POLICE, DAVANAGERE DISTRICT, RPE BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BENGALURU - 560 001.

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…RESPONDENT

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(BY ASMA KOUSER., ADDITIONAL SPP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT BAIL FOR THE ALLEGED OFFENCE P/U/S 341, 302, 324, 307 R/W 34 OF IPC IN S.C.NO.98/2023 FILED BY THE RESPONDNET HARIHARA TOWN POLICE IN CR.NO.81/2023 ON THE FILE OF THE LEARNED IST ADDL. DIST. AND SESSIONS JUDGE, DAVANAGERE.

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

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NC: 2025:KHC:1262 CRL.P No. 13678 of 2024

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Heard the learned counsel for petitioner and learned Additional SPP for respondent - State and perused the material on record.

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Charge sheet is filed against accused Nos.1 and 2 for offences punishable under Sections 341, 302, 324, 307 read with Section 34 of IPC in Crime No.81/2023 of Harihara Town Police Station, Davanagere. Petitioner is arraigned as accused No.2.

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In brief, it is the case of prosecution that on

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14.05.2023 at about 10:15 pm, accused Nos.1 and 2 picked up quarrel with deceased Kumar.K.G., and accused No.1 assaulted him with hands on his face etc., and accused No.2 hit him with a cement stone. Complainant/C.W-1, wife of Kumar.K.G and her brother Pakkirappa/C.W-12 took him to the Government Hospital, Harihara. It is further alleged that both the accused who

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NC: 2025:KHC:1262 CRL.P No. 13678 of 2024

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were already present in the hospital, once again assaulted Kumar.K.G. with knife etc., and committed his murder.

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It is contended by the learned counsel for petitioner that allegations against the petitioner is that he has only assaulted with hands and therefore, no intention

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can be attributed against him that he had an intention to commit murder. He further contended that the petitioner is languishing in judicial custody from 15.05.2023 i.e., for more than one year eight months and therefore, seeks to allow the petition and enlarge the petitioner on bail by imposing any conditions.

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Learned Additional SPP has opposed the prayer

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for bail contending that the deceased has been brutally murdered by the accused and this petitioner has held the deceased and facilitated accused No.1 to stab him and also assaulted him with his hands. It is contended that there are several eye-witnesses and therefore, there is a prima-facie case against the petitioner. Accordingly, she sought for dismissal of the petition.

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NC: 2025:KHC:1262 CRL.P No. 13678 of 2024

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Statements of the eye-witnesses reveal that both the accused are involved in the commission of offence. Initially, deceased was assaulted by the accused at about 10:15 pm while he was proceeding on a motorcycle along with his wife. He was then taken to the hospital by the complainant. The accused, who were already present in the hospital once again attacked him. Petitioner is alleged to have held him and accused No.1 assaulted on his neck, chest and other parts of the body with a knife. When C.W-12 i.e., brother of C.W-1 tried to intervene, he was also assaulted on his back, wrist, etc., when the deceased fell down, petitioner herein sat on him and fisted him. By the time he was shifted to C.G Hospital, Davanagere, he succumbed to the injures.

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In view of the statements of the eye-witnesses there is a prima-facie case against the petitioner. The trial is in progress and some of the eye-witnesses are yet to be examined. As per postmortem report, death is due to combined effects of Hemorrhagic shock and the

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NC: 2025:KHC:1262 CRL.P No. 13678 of 2024

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respiratory failure (right lung collapse) consequent upon fatal stab wounds on the neck and right side of the chest sustained. Considering the nature and gravity of the offence, this is not a fit case to enlarge the petitioner on bail. Accordingly, petition is dismissed.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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KVR

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List No.: 1 Sl No.: 46

Maruthi K G v. State by Harihar Town Police

Case brief

What is this about?

What did the court decide?

Maruthi K G v. State by Harihar Town Police

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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