Shivaprasad @ Prasi @ Parsi Vs State by… — Murder and Culpable Homicide | Karnataka HC (2025)

Shivaprasad @ Prasi @ Parsi Vs State by… — Murder and Culpable Homicide | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitioner/accused No.1 directed to be enlarged on bail in S.C.No.31/2024 pending before the VI Additional and Sessions Judge at Tumakuru (Crime No.141/2023, Thilak Park Police Station), subject to conditions: (a) personal bond of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the jurisdictional Court; (b) regular appearance on all dates of hearing unless exempted for valid reasons; (c) no direct or indirect threatening or tampering with prosecution witnesses; (d) no involvement in similar offences in future; (e) no leaving the jurisdiction of the Trial Court without its permission until disposal of the case.

Issue for consideration

Whether the petitioner, accused No.1 in S.C.No.31/2024 (arising out of Crime No.141/2023 of Thilak Park Police Station, Tumakuru, for offences punishable under Sections 143, 147, 148, 302, 364 read with Section 149 of IPC), is entitled to be enlarged on regular bail under Section 439 of Cr.P.C.

Court's answer

Considering the aspects on record (hostile eye-witness, death of the first informant during the pendency of the case, grant of regular bail to the other accused) and the period of incarceration of the petitioner, the prayer for grant of regular bail is required to be answered in the affirmative.

Ratio / Principle

The alleged eye-witness CW-2, examined in the case as PW-1, has turned hostile to the case of the prosecution, and though cross-examined by the Public Prosecutor, nothing material was elicited from him.

Key takeaways

The first informant (CW-1), mother of the deceased, is said to have died during the pendency of the case.ratio¶32
Accused Nos.4 and 5, against whom the allegation of assaulting the deceased with deadly weapons was also made, were granted regular bail by this Court in Crl.P.8801/2024 (disposed of on 31.08.2024) and Crl.P.6099/2024 (disposed of on 28.08.2024); the other accused were granted bail in Crl.P.2930/2024 and Crl.P.No.417/2024.ratio¶30

Detailed headnote1 paragraphs

Criminal Petition (CRL.P No. 2876 of 2025) under Section 439 of Cr.P.C. by accused No.1 in S.C.No.31/2024 (Crime No.141/2023, Thilak Park Police Station, Tumakuru) for offences punishable under Sections 143, 147, 148, 302, 364 read with Section 149 of IPC, after rejection of his bail application in Crl.Misc.Pet.No.52/2025 on 31.01.2025 — Held, regular bail granted: the allegation of assaulting the deceased Maruthi @ Pollard on 21.10.2023 with deadly weapons was against accused Nos.1, 4 and 5; the alleged eye-witness (CW-2) examined as PW-1 had turned hostile and nothing material was elicited from him despite cross-examination by the Public Prosecutor; the first informant (CW-1), mother of the deceased, died during the pendency of the case; accused Nos.4 and 5 and the other accused had already been granted regular bail by this Court; and the petitioner had undergone a period of incarceration since his arrest on 22.10.2023 — Bail granted subject to conditions, including execution of a personal bond of Rs.1,00,000/- with two sureties for the likesum, regular appearance before the Trial Court, no tampering with prosecution witnesses, no involvement in similar offences, and no leaving the Trial Court's jurisdiction without permission. (Paragraphs 30, 32, 34, 35)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF MARCH, 2025 BEFORE

THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.2876 OF 2025

BETWEEN:

Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka

SHIVAPRASAD ALIAS PRASI ALIAS PARSI S/O LATE SIDDALINGAMURTHY AGED ABOUT 42 YEARS R/AT 3RD CROSS, JAYAPURA TUMAKURU TOWN AND DISTRICT-572 101.

(BY SRI. G.M. SHARATH KUMAR, ADV., FOR SRI. MOHAMMED NOOR ULAIN, ADV.,)

…PETITIONER

AND:

STATE BY THILAKPARK POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001.

…RESPONDENT

(BY SRI. N. ANITHA GIRISH, HCGP)

THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN S.C. NO.31/2024 (CRIME.NO.141/2023) REGISTERED BY THE THILAKPARK POLICE STATION, TUMAKURU FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTION 143, 147, 148, 302, 364 R/W 149 OF IPC, WHICH IS PENDING IN THE FILE OF VI ADDL. DISTRICT AND SESSIONS JUDGE AT TUMAKURU BY IMPOSING ANY CONDITIONS TO THE SATISFACTION OF THIS HONBLE COURT.

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NC: 2025:KHC:12102 CRL.P No. 2876 of 2025

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

CORAM: HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

ORAL ORDER

Accused No.1 in S.C.No.31/2024 pending before the

Court of VI Additional and Sessions Judge at Tumakuru, arising out of Crime No.141/2023 registered by Thilak Park Police Station, Tumakuru, for the offences punishable under Sections 143, 147, 148, 302, 364 read with Section 149 of IPC, is before this Court under Section 439 of Cr.P.C. seeking regular bail.

Heard the learned counsel for the parties.

FIR in Crime No.141/2023 was registered by Thilak Park Police Station, Tumakuru, against the petitioner and four others initially for the offences punishable under Sections 364, 302 read with Section 149 of IPC based on the first information dated 22.10.2023 received from Rathnamma, mother of the deceased Maruthi. During the course of investigation of the case, the

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petitioner herein, who was arrayed as accused No.1 in the FIR, was arrested on 22.10.2023 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against eight persons. Petitioner is arrayed as accused No.1 in the charge sheet. His bail application filed before the jurisdictional Sessions Court in Crl.Misc.Pet.No.52/2025 was rejected on 31.01.2025. Therefore, he is before this Court.

Learned counsel for the petitioner having reiterated the grounds urged in the petition, submits that CW-2, who is the eye-witness to the incident in question, has been examined as PW-1 before the trial Court and the said witness has turned hostile to the case of the prosecution. All other accused except accused No.1 have been granted regular bail by this Court. Accordingly, he prays to allow the petition.

Per contra, learned High Court Government

Pleader, who has opposed the petition, does not dispute

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the submission made by the learned counsel for the petitioner.

Perusal of the material on record would go to show that the allegation of assaulting the deceased Maruthi @ Pollard on 21.10.2023 with deadly weapons is as against accused Nos.1, 4 & 5. The other accused persons allegedly had instigated accused Nos.1, 4 & 5 to assault the deceased and they also allegedly had held the deceased so as to enable accused Nos.1, 4 & 5 to assault the deceased with deadly weapons. Accused Nos.4 & 5 have been granted regular bail by this Court in Crl.P.8801/2024 disposed of on 31.08.2024 and in Crl.P.6099/2024 disposed of on 28.08.2024. The other accused persons have been granted regular bail by this Court in Crl.P.2930/2024 disposed of on 03.04.2024 and Crl.P.No.417/2024 disposed of on 02.02.2024. The alleged eye-witness CW-2, who has been examined in the present case as PW-1, has turned hostile to the case of the prosecution. Though he was cross-examined by the Public Prosecutor, nothing material has been elicited from the

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mouth of the said witness. The first informant (CW-1), who is the mother of the deceased, is said to have died during the pendency of the case. Considering the aforesaid aspects of the matter and also the period of incarceration of the petitioner, I am of the opinion that the prayer of the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:

ORDER

The petition is allowed . The petitioner is directed to be enlarged on bail in S.C.No.31/2024 pending before the Court of VI Additional and Sessions Judge at Tumakuru, arising out of Crime No.141/2023 registered by Thilak Park Police Station, Tumakuru, for the offences punishable under Sections 143, 147, 148, 302, 364 read with Section 149 of IPC, subject to the following conditions:

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 the Trial Court exempts his appearance for valid reasons;

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

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

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.

Sd/(S. VISHWAJITH SHETTY)

JUDGE

BSR

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