Sri. Muthu Raju P @ Kiran Vs the State of Karnataka

THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE ACCUSED ON BAIL IN CR.NO.42/2024 IN CC.NO.3936/2024 OF COMPLAINANT-BAIL POLICE, FOR THE OFFENCES P/U/S 103(1) OF BNS, PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC, DEVANAHALLI.

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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 by the petitioner praying to enlarge him on bail in Crime No.42/2024 of BIAL Police Station, Bengaluru, registered for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

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Heard the learned counsel for petitioner and learned High Court Government Pleader for respondent/State. Perused the material on record.

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The case of the prosecution is that, both the accused and the deceased are drivers by profession. The deceased had borrowed upto Rs.2 lakhs loan from the accused but he had not repaid. Hence, accused was demanding him to return the amount. On 09.07.2024 at about 10.30 p.m. accused came to the parking lot of Kempegowda International Airport in his vehicle bearing registration KA05/AJ4049 wherein, the deceased had parked his vehicle bearing KA03/AE7753. At about 10.30 p.m., accused went to the deceased and picked up a quarrel with him for not returning the loan amount. When the

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deceased requested for some more time, with an intention to commit his murder, he stabbed him with a small steel knife on his chest and committed his murder.

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It is contended by the learned counsel for the petitioner that entire allegations are false and petitioner is innocent of the alleged offence. There are no eye witnesses to the incident as alleged and even if the prosecution case is accepted, it cannot be said that there was any intention on the part of the accused to commit murder. The incident took place on account of a sudden quarrel with the deceased, who was owing money to the accused and incident was on account of a financial dispute. It is submitted that the petitioner has suffered some injury to his leg and due to gangrene, he is suffering in the jail. He further submitted that the as per the Post Mortem Report, deceased had consumed alcohol and therefore, the possibility of deceased sustaining injury to his chest due to a fall and succumbing to the said injury is not ruled out. Accordingly, sought to allow the petition.

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Learned HCGP on the other hand, has opposed the prayer for bail contending that there are three eye witnesses, who

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have clearly stated that the accused picked up a quarrel with the deceased and stabbed on his chest with a knife and a knife is also seized from the accused and therefore, there is a prima facie case against the petitioner. He has accordingly sought to dismiss the petition.

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I have perused the statements of the eye witnesses namely, CW 9 to CW11. Their statements reveal that petitioner has stabbed the deceased with a knife on the left side of his chest due to which deceased sustained bleeding injuries and collapsed.

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As per Post Mortem Report, cause of death is due to

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shock and hemorrhage as a result of stab injuries sustained to the chest. At this stage, there are materials to show that the petitioner who had a grudge with the deceased, came to the parking lot where deceased had parked his car, armed with a knife and picked up quarrel and stabbed him on the vital part of his body. Hence, there is a prima facie case against the petitioner.

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