Karnataka High Court
Shri Sarvesh S/O Sandeep Sapkal vs The State Of Karnataka on 30 August, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC-D:12472
CRL.P No. 102528 of 2024
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.102528 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. SHRI. SARVESH S/O SANDEEP SAPKAL,
AGE: 23 YEARS, OCC: BARBER,
R/O SHASTRINAGAR, 2ND CROSS, BELAGAVI,
TQ. DISTRICT: BELAGAVI-590001.
2. SHRI. AKASH S/O KAILAS HEGADE,
AGE: 24 YEARS, OCC: NIL,
R/O CANTONMENT QUARTERS, CAMP BELAGAVI,
TQ. AND DIST. BELAGAVI-590001.
3. SHRI. UTKARSH @ BABU S/O SUNIL VERMA
Digitally signed by AGE: 22 YEARS, OCC: WORKING IN HOTEL,
SHIVALEELA R/O SAMADEVIGALLI, PANTABALEKUNDRI COMPLEX,
DATTATRAYA KHADEBAZAR, BELAGAVI,
UDAGI
Location: High TQ: DISTRICT: BELAGAVI-590001.
Court Of
Karnataka ...PETITIONERS
(BY SRI. S. M. MUCHHANDI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BELAGAVI RURAL P.S.
REP. BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD-580001.
...RESPONDENT
(BY SRI. ASHOK J. KATTIMANI, AGA)
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NC: 2024:KHC-D:12472
CRL.P No. 102528 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO PETITION FILED BY THIS
PETITIONERS/ACCUSED NO. 7, 8 AND 9 MAY KINDLY BE
ALLOWED AND THESE PETITIONERS MAY KINDLY BE
ENLARGED ON REGULAR BAIL BY IMPOSING REASONABLE
CONDITIONS IN BELAGAVI RURAL P.S. CRIME NO.38/2022
UNDER SECTIONS 143, 147, 148, 120(B), 302, 109, 201, 213
READ WITH 149 OF IPC, PENDING TRIAL IN S.C. NO.138/2022
ON THE FILE OF HON'BLE IVTH ADDL. DISTRICT AND SESSIONS
JUDGE, BELAGAVI.
THIS PETITION, COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE K.NATARAJAN
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE K.NATARAJAN) This is a successive bail petition filed by the petitioners-accused Nos.7, 8 and 9 under Section 439 of Cr.P.C. seeking regular bail in S.C.No.138/2022 pending on the file of IV-Addl. Dist. & Sessions Judge, Belagvi, arising out of Crime No.38/2022 registered by Belagavi Rural Police Station and charge-sheeted for the offences punishable under Sections 143, 147, 148, 120B, 302, 109, 201, 213 read with Section 149 of IPC.
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NC: 2024:KHC-D:12472 CRL.P No. 102528 of 2024
2. Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that on the complaint of the third wife of the deceased-Raju who filed complaint to the police on 15.03.2022 alleging that her husband was found murdered by some unknown persons. During the investigation, the police have arrested these petitioners on 23.03.2022, 06.05.2022 and 11.05.2022 respectively and they remanded to judicial custody. It is revealed from the investigation papers that the deceased married to accused No.1 who is said to be second wife and deceased is already having first wife. During subsistence of two marriages, he has married the complainant and living with her. It is also contended that accused Nos.2 and 3 have invested some amount to the deceased in real estate business, but he has cheated them. Hence, accused Nos.1 to 3 conspired to commit murder of the deceased. Accordingly, they consulted accused Nos.4 and 5 and they -4- NC: 2024:KHC-D:12472 CRL.P No. 102528 of 2024 have introduced accused No.11 who is a contract killer. Accordingly, Rs.10.00 lakh was agreed to payable to accused No.11 by accused Nos.1 and 2 and gave some advance of Rs.1.00 lakh and remaining shall be paid afterwards and accused No.11 said to be contacted these petitioners/accused Nos.7 to 9 and committed murder of the deceased-Raju. Accordingly, the investigation is completed and charge-sheet came to be filed against all the accused persons and the bail petition of these petitioners came to be rejected on 13.12.2022 and once against the petitioners are before this Court.
4. The learned counsel for the petitioners has contended that the petitioners are in custody more than 2½ years, the trial is not yet begun. CW.1 summoned not appeared, bailable warrant has been issued not yet secured and other witnesses also not appearing. Some of the witnesses present and they turned hostile. All other accused persons were granted bail by this Court and Co- -5-
NC: 2024:KHC-D:12472 CRL.P No. 102528 of 2024 ordinate Bench of this Court. Therefore, prayed for granting bail.
5. Per contra, learned High Court Government Pleader has seriously objected the bail petition and contended that they are the accused person who were actually committed the murder of the deceased. Therefore, ground of parity is not available to these petitioners and they are real culprits has committed the murder and supari killers. The trial is under progress. CW.1 not able to secure, but she will be secured by the prosecution. Therefore, on that ground the bail is absolutely not granted to the petitioners. Hence, prayed for dismissal of the petition.
6. Having heard the arguments of both the learned counsel and on perusal of the records, which reveals of course this Court granted bail to the accused No.10 in Criminal Petition No.102093/2022 dated 17.08.2022, where role of the said petitioner as he has undertaken he will help the accused persons to come out -6- NC: 2024:KHC-D:12472 CRL.P No. 102528 of 2024 of bail. The Co-ordinate Bench also granted bail to other co-accused persons accused Nos.3 and 6 in Criminal Petition Nos.102304/2022 and other connected matters and one of the accused granted bail in Criminal Petition No.102585/2022 for accused No.3.
7. On perusal of the entire orders passed by this Court as well as Co-ordinate Bench of this court, which reveals that accused Nos.1 to 3 conspired to commit murder of the deceased, who is husband of petitioner No.1 and they introduced accused Nos.4 and 5 and in turn he has introduced to accused No.11 for committing murder of the deceased-Raju and accused No.11 in turn engaged these petitioners for committing the murder. Accordingly, these petitioners/accused Nos.7 to 9 have actually committed the murder and executed the murder by receiving Rs.10.00 lakh as they are supari killers. Accused No.11 was said to be introduced these petitioners for actually committed murder. Of course the trial is started not properly in progress due to non-appearance of CW.1 -7- NC: 2024:KHC-D:12472 CRL.P No. 102528 of 2024 but that itself is not a ground to grant bail to these petitioners. Of course one of the petitioner is in judicial custody for more than 2½ years and other petitioners for one year three months. The petitioners are contract killers, if they are granted bail, definitely they will commit similar offences and also threatened the witnesses and abscond from the case is not ruled out. Now itself the prosecution not able to secure the presence of CW.1 and it may be due to fear the CW.1 not coming before the Court for giving evidence, as the some of the accused were already on bail. Such being the case, in a heinous offence like contract killing and murder, destroying the evidence, it cannot said it is a common regular case where the petitioners involved in a simple offences which is punishable with less than seven years or it is small offences, but the petitioners are contract killers and if they are enlarged on bail, definitely they will commit similar offences by receiving money from the others. Therefore, I am of the considered view that the petitioners are entitled for bail at this stage.
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8. Accordingly, the bail petition filed by the petitioners/accused Nos.7 to 9 is hereby dismissed.
The Trial Court is directed to speed up the trial by taking coercive steps to secure presence of the witnesses and conduct trial on day-to-day basis as per Chapter-XVIII of the Code of Criminal Procedure and Circular passed by this Court.
The petitioners are at liberty to approach after examining material witnesses.
Sd/-
(K.NATARAJAN) JUDGE SDU LIST NO.: 19 SL NO.: 1 CT:SI