Basavaraju @ Kariya Vs State by Jayapura Police Station

THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CR.NO.103/2024 THE CASE IS REGISTERED BY JAYAPURA POLICE MYSURU DISTRICT FOR THE OFFENCE P/U/S 120B,341,302,201 R/W 34 OF IPC PENDING ON THE FILE OF THE III ADDL.DISTRICT AND SESSIONS JUDGE AT MYSURU.

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NC: 2025:KHC:26834 CRL.P No. 8227 of 2025 C/W CRL.P No. 5272 of 2025

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HC-KAR

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IN CRL.P NO. 5272/2025:

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BETWEEN:

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SRI GOVINDA C S/O CHELUVAIAH AGED ABOUT 28 YEARS R/AT MAVINAHALLI VILLAGE JAYAPURA HOBLI, MYSURU TALUK - 570 008.

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...PETITIONER

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(BY SMT. POOJA KATTIMANI, ADV., FOR SRI DINESHKUMAR RAO K, ADV.)

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AND:

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STATE BY JAYAPURA POLICE STATION MYSURU DISTRICT, MYSURU REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURTS, BUILDING BENGALURU - 560 001.

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...RESPONDENT

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(BY SMT. ASMA KAUSER, ADDL. SPP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO GRANT REGULAR BAIL TO THE. PETITIONER IN FIR IN CRIME NO.103/2024 DATED 29/05/2024 REGISTERED BY JAYAPURA PS, MYSURU FOR THE OFFENCE PUNISHABLE UNDER SECTION FOR THE OFFENCES PUNISHABLE U/S 120(B), 341, 302, 201 R/W 34 OF IPC PENDING BEFORE THE III ADDL. SESSIONS JUDGE, AT MYSURU IN S.C.NO.200/2024.

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

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused Nos.1 and 2 in S.C.No.200/2024 pending

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before the Court of III Addl. District & Sessions Judge,

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NC: 2025:KHC:26834 CRL.P No. 8227 of 2025 C/W CRL.P No. 5272 of 2025

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HC-KAR

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Mysuru arising out of Crime No.103/2024 registered by Jayapura Police Station, Mysuru District for the offences punishable under Sections 120B, 341, 302 & 201 R/w 34 of IPC are before this Court in these two petitions seeking

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regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.103/2024 was registered by Jayapura Police Station, Mysuru District initially for the offences punishable under Sections 302 & 201 R/w 34 of IPC, against Govinda and others, on the basis of first information dated 29.05.2024 received from Smt. Puttamma, who is the mother of the deceased Raghu @ Raghavendra. During the course of investigation of the case, the petitioners herein were arrested on 29.05.2024 and subsequently remanded to judicial custody. Investigation in the case is complete and charge sheet has been filed against five persons and the petitioners herein

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NC: 2025:KHC:26834 CRL.P No. 8227 of 2025 C/W CRL.P No. 5272 of 2025

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HC-KAR

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are arraigned as accused Nos.1 and 2 in the charge sheet

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filed for the aforesaid offences.

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The bail application filed by the petitioners before the jurisdictional Sessions Court in S.C.No.200/2024 was dismissed. Therefore, they are before this Court.

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Perusal of the material on record would go to show that, the first informant had suspected the hand of the accused named in the FIR in the death of her son Raghavendra, after his dead body was found in a channel. It is under this circumstance, FIR was initially registered

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against five named persons and others. The petitioners, who are arraigned as accused Nos.1 and 2 in the FIR were arrested on 29.05.2024 and subsequently remanded to judicial custody. After completing investigation, charge sheet has been filed against the petitioners for the aforesaid offences.

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A reading of charge sheet allegation makes it very clear that the entire case of the prosecution is based

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HC-KAR

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on circumstantial evidence. According to the prosecution accused No.1 and the deceased had earlier fought against each other and in respect of the alleged incident, the mother of accused No.1 had filed a police complaint against the deceased. Thereafter, there was ill-will between the deceased and accused No.1 and therefore accused No.1 had conspired with accused No.2 to commit the murder of the deceased and in furtherance of such conspiracy, on 29.05.2024 accused Nos.1 and 2 allegedly took Raghavendra along with them in their motorbike on the pretext of consuming alcohol to an isolated place and had assaulted him and committed his murder.

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The allegation of assaulting the deceased with a

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stone, which was lying near the place of incident is as against accused Nos.1 and accused No.2 allegedly had held deceased to enable accused No.2 to assault him with stone. Thereafter, accused No.1 and 2 allegedly had disposed of the dead body of the deceased Raghavendra to Varuna channel and had escaped from spot of crime.

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HC-KAR

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8. Undisputedly, the petitioners do not have

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criminal antecedents and they are in custody for the last more than one year. Trial in the case is yet to commence. Under these circumstances, I am of the opinion that, the

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prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

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Accordingly, the following:

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ORDER

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Criminal petitions are allowed.

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The petitioners are directed to be enlarged on bail in S.C.No.200/2024 pending before the Court of III Addl. District & Sessions Judge, Mysuru arising out of Crime No.103/2024 registered by Jayapura Police Station, Mysuru District for the offences punishable under Sections 120B, 341, 302 & 201 R/w 34 of IPC, subject to the following conditions:

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a) The petitioners shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) each with two sureties for the

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NC: 2025:KHC:26834 CRL.P No. 8227 of 2025 C/W CRL.P No. 5272 of 2025

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HC-KAR

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likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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

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

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Sd /-

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(S VISHWAJITH SHETTY) JUDGE

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NMS

Basavaraju @ Kariya v. State by Jayapura Police Station

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Basavaraju @ Kariya v. State by Jayapura Police Station

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