Karnataka High Court
Shivalinga vs The State Of Karnataka on 4 March, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:8982
CRL.P No. 10344 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 10344 OF 2023 (439)
BETWEEN:
SHIVALINGA
S/O. SIVARAMU,
AGED ABOUT 47 YEARS,
R/O. 7TH WARD MUNICIPAL COUNCILLOR,
SHIVASHYIL NILAYA, 4TH CROSS,
VV NAGAR, MANDYA CITY,
TALUKA AND DISTRICT
MANDYA - 571 401.
...PETITIONER
(BY SRI. TIGADI VEERANNA GADIGEPPA., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REP. BY SUB-INSPECTOR OF POLICE
Digitally signed MANDYA WEST POLICE STATION,
by V KRISHNA MANDYA TALUKA AND DISTRICT MANDYA,
Location: High REP. BY STATE PUBLIC PROSECUTOR,
Court of HIGH COURT OF KARNATAKA,
Karnataka
BENGALURU - 560 001.
...RESPONDENT
(BY SMT. ANITA GIRISH., HCGP FOR R1 - STATE)
THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ALLOW
THE PETITION BY GRANTING HIM BAIL IN MANDYA WEST
POLICE STATION, MANDYA CR.NO.70/2021 (SESSIONS CASE
NO.84/2021) FOR THE OFFENCE P/U/S 143, 147, 148, 323,
324, 341, 342, 504, 506, 302 R/W SEC. 149 OF IPC, 1860 AND
SEC. 75 OF JUVENILE JUSTICE (CARE AND PROTECTION OF
CHILDREN) ACT, 2015, PENDING ON THE FILES OF THE
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NC: 2024:KHC:8982
CRL.P No. 10344 of 2023
LEARNED I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
MANDYA AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This bail petition filed by the petitioner/accused No.1 under Section 439 of the Cr.P.C. for granting a bail in Sessions Case No.84/2021 is arising out of Crime No.70/2021 registered by Mandya West Police Station, and charge sheeted for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302 and 201 read with Section 149 of IPC, now pending on the file of the I Additional District and Sessions Judge, Mandya.
2. Heard the arguments of the learned counsel for the petitioner and the learned HCGP for the respondent-State.
3. The case of the prosecution is that the deceased-Darshan and daughter of accused No.1, Manvitha were in love. On 14.04.2021 at 11.00 p.m. they were chatting in the mobile phone. The daughter of the petitioner called Darshan to her house. Accordingly, he came to her house at 0.44 hours on 15.04.2021. After he came inside the house, the -3- NC: 2024:KHC:8982 CRL.P No. 10344 of 2023 accused persons, who came to know, caught hold of the deceased, removed his cloths, tied his both arms and assaulted with weapons like pestle, bamboo clubs, pickaxe, due to which the deceased became unconscious and he was shifted to MIMS and later to Victoria hospital Bengaluru, and on the same day, he was declared as dead. After registering the FIR, petitioner was arrested by the police on 15.04.2021 and his earlier bail petition has been rejected. Hence, he has filed this bail petition before this Court.
4. Learned counsel for the petitioner submits that inspite of petitioner being in custody for almost more than two and a half years, there is no progress in the trial and even the charges are not framed. Even the case is not posted for 'Hearing before framing of charge' and the co-accused person i.e., accused No.4 and another accused were granted bail by the Co-ordinate Bench of this Court though the allegation against accused No.4 is said to be assaulting the deceased with pestle. Therefore, it is contended that as there is no serious allegation against the petitioner, he is entitled for granting bail.
5. Per contra, learned HCGP has objected the bail petition. He would contend that the petitioner is an influential -4- NC: 2024:KHC:8982 CRL.P No. 10344 of 2023 person and is having a name in the Society and if he is granted bail he may threaten the prosecution witnesses.
6. Having heard the arguments, perused the records.
7. On perusal of the records, it is found that this Court while rejecting the bail petition has considered the bail petition of the petitioner on merits and rejected the bail petition on 07.09.2022. The case has been committed to the Court of Session/Trial Court somewhere in the year 2021. Inspite of lapse of three years, the Trial Court has not yet commenced the Trial and it is at the stage of "hearing before charge". Though the petitioner is accused No.1, a serious allegation has been made against him that he has committed the murder of the deceased-Darshan in respect of the love affairs between his daughter and deceased person.
8. The Co-ordinate Bench of this Court has granted bail to the accused No.4, who is co-accused in the present case, relying upon the earlier order passed by another Co-ordinate Bench of this Court in Criminal Petition No.8964/2021 holding that accused No.1 has caused serious injuries which has resulted in the death of the deceased. Therefore, accused No.4 was granted bail.
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NC: 2024:KHC:8982 CRL.P No. 10344 of 2023
9. However, looking into the facts and circumstances of the present case, there are no serious allegations against accused No.1 and he is custody for more than three years and there is no progress in the Trial. The Trial Court is simply adjourning the matter on one or other reason. Even the charges are not framed against the accused, who are in custody. Though this Court has passed an order in Crl.P.No.6243/2023 in the case of Ansu @ Ansar ali Vs. State of Karnataka to conduct the trail in a speedy manner on day to day basis as directed by the Hon'ble Supreme Court in the case of State of U.P Vs. Shambunath Singh and others reported in AIR 2001 SC 1403 and Rajdev Sharma (II) Vs. State of Bihar reported in (1997) 7 SCC 504, still the Trial Courts are not conducting the trial in accordance with law by following the procedure as prescribed under Chapter XVIII of the Cr.P.C.
10. The main accused/accused No.4, who is alleged to have assaulted the deceased with pestle has resulted in the death of the deceased and he has been granted bail by the Co- ordinate Bench of this Court. The allegations against accused No.4 are that he is said to have assaulted by the bundle of wire and also tied the legs and removed the clothes of the deceased, -6- NC: 2024:KHC:8982 CRL.P No. 10344 of 2023 but the allegation against the petitioner is very lesser serious than that of accused No.4. Considering the same, rejecting bail to the petitioner, who is in jail will not serve any purpose except the apprehension that the petitioner may influence and tamper the prosecution witnesses and hence, this Court is of the opinion that the petitioner can be released on bail by imposing stringent conditions and no prejudice would be caused to the prosecution case. Accordingly, the following order:
ORDER
(i) The petition is allowed;
(ii) The trial Court is directed to release the petitioner/accused No.1 on bail in Crime No.70/2021 registered by the Mandya West Police Station, who is charge sheeted for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302 and 201 r/w Section 149 of IPC., subject to the following conditions:
a) Petitioner shall execute a personal bond in a sum of Rs.5,00,000/- (Rupees five lakhs only) -7- NC: 2024:KHC:8982 CRL.P No. 10344 of 2023 with two sureties for the likesum to the satisfaction of the Trial Court;
b) Petitioner shall not indulge in any similar offences;
c) Petitioner shall not temper with the prosecution witnesses directly or indirectly;
d) Petitioner shall mark his attendance before the police once in 15 days, second and sixteenth of calendar month until disposal of the case by the Trial Court.
If any of the conditions is violated, the prosecution is at liberty to move for cancellation of bail.
The Trial Court directed to follow the direction issued by this Court in Criminal Petition 6243/2023 [Ansu @ Ansar ali Vs. State of Karnataka] by a Circular dated 01.09.2023 bearing RJ No. 169/2023 issued by this Court.
Sd/-
JUDGE AMA List No.: 1 Sl No.: 10