Abhishek J @ Abhi Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

Abhishek J @ Abhi Vs the State of Karnataka — Bail and Remand | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the petitioners, accused Nos.1 and 2 in judicial custody since 12.10.2021 in S.C.No.64/2022 (Crime No.80/2021) for offences punishable under Sections 143, 144, 148, 307, 302 and 201 IPC, are entitled to be released on regular bail under Section 439 Cr.P.C. read with Section 483 BNSS. +1 more

Court's answer

There is prima facie material on record showing the involvement of these accused persons in the commission of the murder; the eyewitnesses, including P.W.1 Kiran Kumar, categorically supported the prosecution case, and the post-mortem report corroborated the stomach/chest stab wounds and neck cut attributed to accused Nos.1 and 3.

Ratio / Principle

The earlier grant of bail to accused Nos.4 and 6 rested on the absence of any specific overt act against them; by contrast, accused No.3 was described as a gang leader and noted rowdy sheeter and accused Nos.1 and 2 as his friends who participated in the murder proclaiming their rowdy strength, so the earlier order afforded the present petitioners no benefit.

Key takeaways

Custody of more than three years did not tilt the balance towards bail because the evidence revealed that all the witnesses had supported the prosecution case.ratio¶55
Release was considered dangerous: if bail were granted, the petitioner was likely to cause murder or commit similar offences against the witnesses and there was a chance of absconding.ratio¶55
Concluding that it was not a fit case for granting bail, the Court dismissed the bail petitions of both accused Nos.1 and 2.

Detailed headnote1 paragraphs

Bail — Regular bail under S.439 Cr.P.C. / S.483 BNSS — Offences under Ss.143, 144, 148, 307, 302 and 201 IPC — Accused Nos.1 and 2 (Abhishek J @ Abhi and Mahadeva @ Chinnu) in judicial custody in S.C.No.64/2022 (Crime No.80/2021, Vidyaranyapura P.S., Mysuru) before VII Addl. District & Sessions Judge, Mysuru — Allegation: during a birthday celebration on 10.10.2021 an altercation with CW.19/CW.20 led to a planned attack in which deceased Nanda Kishore was stabbed and his neck cut by accused Nos.1 and 3 — HELD: prima facie material established involvement of accused Nos.1 to 3; eyewitnesses, including P.W.1 Kiran Kumar, categorically supported the prosecution and the post-mortem report corroborated the injuries (paras 49-51); earlier bail to accused Nos.4 and 6 (Crl.P. No.5904/2024, dt.25.08.2022) turned on absence of specific overt acts against them, whereas accused No.3 is a gang leader/noted rowdy sheeter and accused Nos.1 and 2 his friends who committed the murder proclaiming rowdy strength (paras 52-54); custody beyond three years is no ground for bail when all witnesses have supported the prosecution; release carried likelihood of further offences against witnesses and absconding (para 55) — Bail petitions dismissed; trial court directed to dispose of the matter as early as possible uninfluenced by these observations (paras 56-57) — K. Natarajan, J., 17.01.2025.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE K.NATARAJAN

CRIMINAL PETITION NO. 14224 OF 2024 (439(Cr.PC) /

483(BNSS)-)

C/W

CRIMINAL PETITION NO. 14222 OF 2024

IN CRL.P No. 14224/2024

BETWEEN:

ABHISHEK J @ ABHI S/O JAYARAM, AGED ABOUT 20 YEARS, R/AT NO.244, 10TH CROSS, KANAKAGIRI, SEWAGE FARM ROAD, MYSURU - 573 001.

…PETITIONER

(BY SRI. SUMANTH L. BHARADWAJ, ADVOCATE)

Digitally signed by VEDAVATHI A K Location: High Court of Karnataka

AND:

THE STATE OF KARNATAKA BY VIDYARANYAPURAM POLICE STATION, MYSURU CITY, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

…RESPONDENT

(BY SMT. N. ANITHA GIRISH, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON REGULAR BAIL, WHO IS IN JUDICIAL CUSTODY SINCE 12.10.2021 IN CONNECTION WITH S.C.NO.64/2022 PENDING ON THE FILE OF THE VII ADDL.DISTRICT AND SESSIONS JUDGE AT MYSURU FOR THE

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OFFENCE P/U/S 143, 144, 148, 307, 302 AND 201 R/W 34 OF IPC BY ALLOWING THIS PETITION.

IN CRL.P NO. 14222/2024

BETWEEN:

MAHADEVA @ CHINNU S/O NAGARAJU, AGED ABOUT 22 YEARS, R/AT HOUSE NO.300, 5TH CROSS, KANAKAGIRI, SEWAGE FARM ROAD, MYSURU - 573 001.

...PETITIONER

(BY SRI. SUMANTH L. BHARADWAJ, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY VIDYARANYAPURA POLICE STATION, MYSURU CITY, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

...RESPONDENT

(BY SMT. N. ANITHA GIRISH, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNSS) PRAYING TO DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONER ON REGULAR BAIL, WHO IS IN JUDICIAL CUSTODY SINCE 12.10.2021 IN CONNECTION WITH S.C.NO.64/2022 PENDING ON THE FILE OF THE VII ADDL.DISTRICT AND SESSIONS JUDGE AT MYSURU FOR THE OFFENCE P/U/S 143, 144, 148, 307, 302 AND 201 R/W 34 OF IPC BY ALLOWING THIS PETITION.

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

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CORAM: HON'BLE MR JUSTICE K.NATARAJAN

ORAL ORDER

Criminal petition No.14224/2024 filed by the petitioner /accused No.1 and Criminal petition No.14222/2024 filed by the petitioner /accused No.2 under Section 439 of Cr.P.C.(Old) and under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (In short 'BNSS') (New) Act, for granting bail in Crime.No.80/2021, registered by the Vidyaranyapura P.S. Mysuru, and charge sheeted for the offences punishable under Sections 143, 144, 148, 307, 302 and 201 R/w Section 149 of IPC., now pending on the file of VII Addl. District & Sessions Judge, Mysuru, in SC.No.64/2022.

Heard the arguments of learned counsel for the petitioner and learned HCGP takes the notice.

The case of the prosecution is that, on the complaint of one Sanjay.H, the police have registered the FIR. It is alleged that on 10.10.2021 all the accused persons were celebrating the birthday of accused No.4 at the garden near the

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Bhyraveshwara Nagar, Gundurao Nagar, Mysore. When CW.1, CW.19 and CW.20 were walking along with their dog towards the garden, all the accused persons were consumed alcohol, among them, one of the accused by name Aravinda said to have questioned the CW.19 as to why staring at them and abused in filthy language. As such, there was some altercation between the accused persons and the CW.19 and 20. Later CW.19 called the deceased and others two persons to the spot. By that time, the accused persons were got ready with the weapons and when the complainant went along with the deceased, Juvenile offender and accused Nos.1 and 3 said to be assaulted deceased Nanda Kishore with the dragger and this accused No.2 also said to be stabbed on the stomach, due to which the Nandakishore died. They also assaulted the CW.19 and they chased them but some how escaped. Subsequently, after registering the FIR, the police apprehended the petitioners on 13.10.2021, they have been remanded to the judicial custody. The earlier bail application of these petitioners were rejected and withdrawing from the court with the liberty to approach the court after examination of the material evidence. Accordingly, the petitioners are once again before this court.

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Learned counsel for the petitioner has contended that there is no previous enmity between the petitioners/accused and the injured eye witnesses. And all the eye witnesses are already examined before the court except the official witnesses. The accused persons are in custody from three years. Therefore, prayed for granting the bail.

Per contra learned HCGP objected the bail petition mainly on the ground that, the accused persons are rowdy sheeters and their character is very bad, if they release, they may commit similar offences and threatened the witnesses. Hence, prayed for rejecting the bail petition.

Having heard the arguments and perused the records, which reveals that the CW.19 and 20 were walking along with their dog, the accused persons were celebrating the birthday of the accused No.4. CW.19 looked towards them, therefore the accused person asked why they are staring at him. There were some altercation between accused person and CW.19 and 20. Thereafter the CW-19 called one of his friend. By that time the accused persons were planned to commit murder, where it is

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planned by the accused Nos.1 to 3, the accused No.1 should start and accused No.3 also should start and accused No.1 once again should cut the neck of the deceased. Accordingly, when the deceased Nandakishore came along with the CW.19, they started to stabbing with the dragger, the accused No.1 stabbed with the dragger on the chest and accused No.3 also stabbed with the dragger to the stomach and as per their plan once again accused No.3 took the knife and cut the neck of the deceased, due to which Nandakishore fell down and died.

On perusal of the records there is a prima facie material placed on record to show their involvement in commission of the murder by these accused persons and they also chased to commit murder of the CW.19. All the material witnesses has been already examined before the trial court. The deposition produced by the learned counsel for petitioners reveals that the P.W.1 -Kiran kumar one of the eye witness, he has given evidence in support of prosecution case. However, eye witnesses were categorically supported the case of the prosecution, they categorically stated that the accused No.1 to 3 were committed the murder. The post mortem examination

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report also corroborates that the injury caused by the accused Nos.1 and 3 on the stomach, chest and cut injury on the neck by the accused No.1 also reflected in the post mortem examination report, which clearly reveals accused Nos.1 to 3 actually committed the murder by cutting of the neck and stomach.

Of course this court granted bail to one of the accused

in criminal petition No.5904/2024 dated 25.08.2022, on the bail application of accused Nos.4 and 6. Though this court categorically stated that the accused Nos.1 to 3 committed a murder and other accused persons are not assaulted and there is no specific overt act against the accused Nos.4 and 6, thereby this court granted bail to them. Where as the accused No.3 said to be a gang leader and noted rowdy sheeter and accused No.1 and 2 also friends of the accused No.3, while committing the murder they were utter the word that they wanted to show their strength to the public and other people as they are rowdy sheeters and they want to shine in the area as rowdies. By uttering the word they committed the murder, they want to teach lesson to the other public and which also reveals

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the character and conduct of the accused persons in committing murder and also they threatened the other public to fear in their mind and terrorist the public. Though they are in custody for more than three years but evidence reveals all the witnesses are supported the prosecution case. If bail is granted to this petitioner definitely the petitioner likely to cause murder or commit similar offences to the witnesses and also there is a chances of absconding. Therefore I am of the view it is not fit case for granting the bail.

Accordingly, the bail petitions filed by both the accused Nos.1 and 2 are hereby dismissed.

The Trial Court endeavor to dispose the matter as early as possible without influencing any observation made by this court.

Sd/- (K.NATARAJAN) JUDGE

SRK/-List No.: 2 Sl No.: 2/-CT:SK