Dismissed¶40

Ramesh v. the State of Karnataka by

Karnataka HC21 Jan 2025CRL.P/14290/2024

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; CRL.P No. 14290 of 2024; Justice Mohammad Nawaz; decided 21-01-2025; bail application under S.483 BNSS, 2023 read with S.439 Cr.P.C dismissed; offence u/S.103 BNS, 2023; Crime No.61/2024, Y.N.Hosakote P.S., Pavagada Rural Circle, Tumakuru; SC.No.5050/2024, IV Addl. District & Sessions Judge, Madhugiri; accused alleged to have murdered wife Adilakshmamma; eye-witness CW-2 Gangamma (mother of accused); risk of tampering of closely related witnesses; liberty to seek bail before Sessions Court after material witnesses examined.

What did the court decide?

Bail refused. Liberty reserved to the petitioner to seek bail before the Sessions Court after examination of the material witnesses. ¶40

Ramesh Vs the State of Karnataka by — Murder and Culpable Homicide | Karnataka HC (2025)

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NC: 2025:KHC:2389 CRL.P No. 14290 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 21^ST 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. 14290 OF 2024

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(439(Cr.PC) / 483(BNSS))

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BETWEEN:

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RAMESH S/O LATE BABANNA, AGED ABOUT 46 YEARS, OCC: COOLIE, ACCUSED R/O K. RAMPURA VILLAGE, Y.N. HOSAKOTE HOBLI, PAVAGAD TALUKA, TUMAKURU DISTRICT- 572 141.

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…PETITIONER

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(BY SRI. P.B. UMESH, ADVOCATE FOR SRI. R.B. DESHPANDE, ADVOCATE)

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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AND:

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THE STATE OF KARNATAKA BY Y.N. HOSAKOTE POLICE STATION, PAVAGAD RURAL CIRCLE, TUMAKURU DISTRICT-572 141. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001)

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…RESPONDENT

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(BY SRI. HARISH GANAPATHY, HCGP)

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NC: 2025:KHC:2389 CRL.P No. 14290 of 2024

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THIS CRL.P IS FILED U/S 439 OF CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.61/2024 OF Y.N.HOSAKOTE P.S., PAVAGADA RURAL CIRCLE, TUMAKURU DISTRICT, CHARGE SHEETED FOR THE OFFENCES P/U/S 103 OF BNS, 2023, PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, SITTING AT MADHUGIRI IN SC.NO.5050/2024.

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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This petition is preferred under Section 483 of BNSS, 2023 to enlarge the petitioners on bail in Crime No.61/2024 of Y.N.Hosakote Police Station, Pavagad Rural Circle, Tumakuru District, registered for the offence punishable under Section-103 of BNS, 2023.

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Heard the learned counsel for petitioner and the learned High Court Government Pleader for

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respondent/State and perused the material on record.

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Charge-sheet is filed against the petitioner,

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wherein it is alleged that he has committed the murder of

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NC: 2025:KHC:2389 CRL.P No. 14290 of 2024

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his wife Adilakshmamma by assaulting on her head with a wooden pound.

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Complaint is lodged by one Thippeswamy, son

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of late Yarayappa. Complaint averments reveal that the accused was addicted to alcohol and he used to demand money from the deceased for consuming alcohol, picking up quarrel and also physically assaulting her. On the date of incident, he picked up quarrel and assaulted the deceased on the head with a wooden pound.

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Perusal of the statement of CW-2, Gangamma,

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an eye-witness to the incident clearly reveal that the petitioner has committed the offence. CW-2 is none other than the mother of accused. CW-3, Satisha is another witness who came to the spot immediately after hearing the screaming of CW-2. He has stated that on enquiry with CW 2, she informed him that the accused demanded money from the deceased and assaulted on her head with

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NC: 2025:KHC:2389 CRL.P No. 14290 of 2024

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a wooden pound. As per post-mortem report, the cause of death is due to effect of head injury sustained.

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There is a prima-facie case against the accused

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for having committed an offence punishable with death or imprisonment for life. The material witnesses are closely related to the petitioner. Hence, chances of tampering the witnesses are not ruled out. In the facts and circumstances, this is not a fit case to enlarge the petitioner on bail. Accordingly, petition is dismissed.

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Liberty is reserved to the petitioner to seek bail before the Sessions Court, after examination of the material witnesses.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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JJ List No.: 1 Sl No.: 44 CT:SNN

Ramesh v. the State of Karnataka by

Case brief

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Ramesh v. the State of Karnataka by

Case brief

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