Sri Moganna Vs State of Karnataka

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1 - NC: 2025:KHC:6510 CRL.P No. 1698 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA

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CRIMINAL PETITION NO. 1698 OF 2024

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BETWEEN:

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SRI. MOGANNA, (A-1) AGED 48 YEARS, S/O. LATE SIDDEGOWDA, RESIDING AT NUNNUR VILLAGE, NERALURU POST, CHENNAPATNA TALUK, RAMANGARA DISTRICT PIN - 562 159

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…PETITIONER

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(BY SRI. SHANKARAPPA S., ADVOCATE)

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Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA

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AND:

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STATE OF KARNATAKA BY AKKUR POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. CHANNAPPA ERAPPA, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.234/2022 OF AKKUR POLICE STATION, RAMANAGARA FOR THE OFFENCE P/U/S 302, 120B R/W 34 OF IPC, PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN S.C.NO.46/2023.

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:6510 CRL.P No. 1698 of 2024

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CORAM: HON'BLE MR JUSTICE V SRISHANANDA

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ORAL ORDER

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Heard Sri. Shankarappa S, learned counsel for the petitioner and Sri Channappa Erappa, learned High Court Government Pleader for the respondent.

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The petition under Section 439 of Cr.PC is filed with the following prayer:

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“ Wherefore, the accused humbly prays that this Hon'ble Court be pleased to enlarge the petitioner on bail in Cr.No.234/2022 & S.C.No.46/2023 of Akkur Police Station, for the alleged offences punishable under Sections 302, 120B, read with Section 34 of IPC., on the file of the learned III Additional District And Sessions Judge, at Ramanagara, in the above case, in the interest of justice".

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The petitioner is accused No.1 in S.C.No.46/2023, on the file of the learned III Additional District and Sessions Judge, Ramanagara. Charge sheet materials reveal that, present petitioner and other accused persons pursuant to their common intentions, committed

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3 - NC: 2025:KHC:6510 CRL.P No. 1698 of 2024

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the murder of Shivu @ Renukaradhya. On hearing the hue and cry raised by him, the inmates of the house came out and saw that the present petitioner and other two accused persons have assaulted with deadly weapons on account of their previous enmity which they nurtured against the deceased and on account of the injuries sustained by Shivu @ Renukaradhya , he died.

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Petitioner had earlier approached this Court seeking grant of bail, which was later on came to be withdrawn with liberty to file successive bail request after the material witnesses are examined.

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Sri. Shankrappa S, learned counsel for the petitioner submits that, all the material witnesses as per the charge sheet have been examined before the learned Sessions Judge and none of the 14 witnesses, who are already examined, have supported the case of the prosecution so as to continue the petitioner in judicial custody any longer.

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He would further contend that other

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apprehensions of the prosecution can be met with by imposing suitable and stringent conditions and therefore, petitioner be enlarged on bail.

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Per contra, Sri. Channappa Erappa, learned

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High Court Government Pleader for the respondent opposes the grant of bail by contending that the material witnesses though turned hostile to the case of the prosecution, the other witnesses who are yet to be examined before the Trial Court who may depose which would probabalize the case of the prosecution and therefore, sought for dismissal of the petition.

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He would further contend that, if the petitioner is enlarged on bail, there is possibility of tampering of remaining prosecution witnesses and therefore, sought for dismissal of the petition.

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Having heard the parties in detail, this Court perused the materials on record meticulously. On such

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perusal of the materials on record, homicidal death of Shivu @ Renukaradhya aged 38 years is not in dispute. Post mortem report depicts the external injuries found on the body of the deceased. Opinion as to the cause of death recorded by the Autopsy Surgeon would reveal that Shivu @ Renukaradhya died out of cardio respiratory arrest secondary to excessive bleeding.

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Even according to the prosecution, as per the charge sheet materials, PWs1 to 14 are the material witnesses. Memo with photocopies of the deposition of PWs1 to 14 is placed on record which would clearly show that none of the witnesses have supported the case of the prosecution including the sister of the deceased.

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Gayithramma, Madegowda, Umesh,

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Shashidhara, Raju N D, Pavan N C, Devaraju, Venkatesh GG, Swamy N.C, are the eye-witnesses according to the prosecution. They have also not supported the case of the prosecution in entirety.

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Therefore, continuation of the accused-

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petitioner in the judicial custody is no longer warranted. Examination of the material witnesses and they having not

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supported the case of the prosecution is a positive changed circumstance in the case of the petitioner so as to entertain the successive bail request.

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Other apprehensions of the prosecution can be

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met with by imposing suitable and stringent conditions. Accordingly, the following:

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ORDER

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The bail petition is allowed.

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(i) Petitioner is directed to be enlarged on bail by executing a bond for a sum of Rs.1,00,000/(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the learned Trial Judge.

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(ii) Petitioner shall not tamper the prosecution witnesses in any manner.

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NC: 2025:KHC:6510 CRL.P No. 1698 of 2024

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