Karnataka High Court
Avinash And Ors vs The State Of Karnataka And Anr on 15 November, 2023
Author: K Natarajan
Bench: K Natarajan
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NC: 2023:KHC-K:8587
CRL.P No. 201460 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO. 201460 OF 2023 (439)
BETWEEN:
1. AVINASH S/O HARI RATHOD
AGE: 19 YEARS, OCC: AUTO DRIVER
R/O BASAVA NAGAR, SEDAM-585222
DIST. KALABURAGI
2. KARAN @ PITTAL
S/O GOVIND RATHOD
AGE: 23 YEARS, OCC: DRIVER
R/O INDIRA NAGAR, SEDAM-585222
DIST. KALABURAGI
3. VIJAYAKUMAR @ DANGI @ ANDRYA
S/O SANTOSH KUMAR YAKAPUR
AGE: 19 YEARS, OCC: PLUMBER WORK
R/O POLICE PATIL GALLI,
Digitally SEDAM-585222, DIST. KALABURAGI.
signed by B
NAGAVENI ...PETITIONERS
Location: (BY SRI. RAVINDRA INJALIKAR, ADVOCATE)
High Court
Of Karnataka
AND:
1. THE STATE OF KARNATAKA
THROUGH SEDAM POLICE STATION
SEDAM, DIST. KALABURAGI
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585103.
2. VISHNU S/O MALLIKARJUN
AGE: 32 YEARS, OCC: BUSINESS
R/O HANAMANAHALLI, TQ. SEDAM
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NC: 2023:KHC-K:8587
CRL.P No. 201460 of 2023
DIST. KALABURAGI
NOW AT VIDYANAGAR,
SEDAM-585222
TQ. SEDAM, DIST. KALABURAGI.
...RESPONDENTS
(BY SRI SIDDALING P. PATIL, ADDL. SPP FOR R1;
SRI. SHRAVANKUMAR R. MATH &
SRI. B.C. JAKA, ADVOCATES FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO GRANT THE REGULAR BAIL TO THE
PETITIONERS IN S.C.NO.213/2023 PENDING ON THE FILE OF IV-
ADDL. DIST. AND SESSIONS JUDGE, KALABURAGI SITTING AT
SEDAM, (IN CRIME NO.195/2022 REGISTERED BY SEDAM POLICE)
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 120(B), 302,
201 R/W SECTION 34 IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused Nos.2 to 4 under Section 439 of Cr.P.C., seeking bail in Crime No.195/2022 registered by Sedam Police Station, Sedam Circle, Kalaburagi District, who are charge sheeted for the offences punishable under Sections 120(B), 302, 201 r/w Section 34 of Indian Penal Code, 1860.
2. Heard learned counsel for the petitioners, learned Additional State Public Prosecutor for respondent No.1-State and learned counsel for respondent No.2. -3-
NC: 2023:KHC-K:8587 CRL.P No. 201460 of 2023
3. The case of the prosecution is that on 15.11.2022, respondent No.2-Vishnu who is the son of the deceased-Mallikarjun Muttyal filed complaint before the police alleging that his father used to sleep in the night at the shop viz., Vishnu Electronics. On 14.11.2022 at about 9.00 p.m., the deceased went to the shop to sleep. However, he did not return to home on the next day morning. Therefore, the complainant made phone calls to the deceased, but he did not receive the call. Thereafter, the complainant and his brother went to the shop and knocked the shutter but they did not get any response from inside the shop. The complainant went back side of the shop and noticed that the back door was open and found dead body of his father was lying near the back door with injuries. Therefore, complaint came to be lodged. Accordingly, the police registered the case against the unknown persons for the offence punishable under Section 302 of IPC. However, subsequently, the complainant gave further statement before the police implicating accused No.1 wherein it is stated that sister of accused No.1 i.e., -4- NC: 2023:KHC-K:8587 CRL.P No. 201460 of 2023 CW.13-Sweta was in love with CW.10-Srinivas who is the son of the deceased. The deceased had performed their marriage even though accused No.1 is said to have objected for love marriage, due to which, accused No.1 was having grudge against the deceased and he is said to have engaged the present petitioners/accused Nos.2 to 4 for committing the murder of the deceased agreeing to give cash of Rs.10,00,000/- to the petitioners. On 14.11.2022 accused Nos.2 to 4 followed the deceased and committed murder in the mid night when the deceased came out for attending the nature call and after committing the murder, they fled away. On the basis of the voluntary statement of accused No.1, the petitioners were arrested on 27.11.2022 and they were sent to judicial custody on 28.11.2022. Hence, the petitioners approached the Sessions Judge for bail, which came to be rejected. Therefore, the petitioners are before this Court.
4. Learned counsel for the petitioners strenuously contended that initially, the case was registered against -5- NC: 2023:KHC-K:8587 CRL.P No. 201460 of 2023 unknown persons. The motive alleged against the accused persons is very weak. The incident has taken place after one year of the marriage of CWs.10 and 13. At the first instance, the complainant did not suspect the accused and did not mention the names of the accused. Subsequently, he gave further statement implicating the accused persons. There are no eyewitnesses to the incident. If there is any threat, the complainant could have filed complaint against the petitioners or accused No.1. The petitioners are in custody from almost one year. The investigation has been completed long back and the charge sheet has been filed. He also submitted that the Co-ordinate Bench of this Court has granted bail to accused No.1 in Criminal Petition No.200542/2023 disposed of on 21.06.2023. He further submits that the petitioners are ready to abide by any conditions that may be imposed. Hence, learned counsel for the petitioners prayed for grant of bail.
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NC: 2023:KHC-K:8587 CRL.P No. 201460 of 2023
5. Per contra, learned Additional State Public Prosecutor and learned counsel for respondent No.2 objected for granting bail contending that though there is no direct evidence against the petitioners, there are circumstantial evidence which clearly suggest that accused Nos.2 to 4 have committed the murder of the deceased at the instance of accused No.1. The blood stained clothes of the accused which are seized are sent to the FSL and on examination, it was found that the blood group of the deceased as well as blood stains found on the clothes of the accused/petitioners are one and the same. The supari cash given by accused No.1 to accused Nos.2 to 4 has been recovered from CW.18. There are call records (CDR) for having accused No.1 contacted the present petitioners/accused Nos.2 to 4 and after committing the murder, accused No.2 informed accused No.1 over phone that they have finished the deceased. Subsequently, the petitioners went and received cash of Rs.5,00,000/- and they spent Rs.1,00,000/- and remaining Rs.4,00,000/- was kept in the house of CW.18. The statement of CW.17 -7- NC: 2023:KHC-K:8587 CRL.P No. 201460 of 2023 clearly discloses that he has heard the voice in the mid night. The bracelet of accused No.3 has been seized from the spot which was identified by him. All these circumstances clearly indicate that there are prima facie material against the petitioners for having committed the murder. The petitioners are supari killers, if they are released on bail, they may abscond and they may commit similar offences and they may tamper the prosecutions witnesses. He also submitted that the order passed by this Court granting bail to accused No.1 has been challenged before the Hon'ble Supreme Court. Accordingly, he prayed for dismissal of the petition.
6. Having heard learned counsel for the parties and on perusal of the records, it reveals that of-course initially, the police registered the case against the unknown persons for the offence punishable under Section 302 of IPC. Immediately, on the next day morning i.e., on 16.11.2023, the complainant gave further statement before the police by mentioning enmity between accused -8- NC: 2023:KHC-K:8587 CRL.P No. 201460 of 2023 No.1 and his father and he has also stated that sister of accused No.1 i.e., CW.13-Sweta was in love with CW.10- Srinivas who is the son of the deceased. The deceased had performed their marriage even though accused No.1 is said to have objected for love marriage due to which, accused No.1 was having grudge against the deceased and therefore, he is said to have engaged the present petitioners/accused Nos.2 to 4 who are said to be supari killers for committing the murder of the deceased and agreed to give cash of Rs.10,00,000/- to the petitioners. On 14.11.2022, accused Nos.2 to 4 followed the deceased and when the deceased came out for attending the nature call, committed the murder by assaulting on the testicles of the deceased and by throttling the neck of the deceased in the intervening night of 14.11.2023 and 15.11.2023. After committing the murder, the petitioners fled away. Accused Nos.2 to 4 have been arrested on the voluntary statement of accused No.1 and subsequently, there is recovery under Section 27 of the Evidence Act. The blood stained clothes of the petitioners which were seized were -9- NC: 2023:KHC-K:8587 CRL.P No. 201460 of 2023 sent to FSL, and the FSL report reveals that the blood group of the deceased as well as the blood stains found on the clothes of the accused are one and the same. Apart from that, cash of Rs.5,00,000/- is said to have been given by accused No.1 to accused Nos.2 to 4 and out of which, Rs.1,00,000/- is spent by the petitioners and remaining amount of Rs.4,00,000/- is recovered from the house of CW.18. The stone which was used for commission of offence has also been seized. The bracelet of accused No.3 has been seized from the spot and the same has been identified by accused No.3 that it belongs to him. Apart from that, the statement of CW.21 reveals that he has seen the accused in the midnight and heard the voice. All these circumstances clearly suggest that the petitioners are supari killers and they are engaged by accused No.1 for committing the murder of the deceased agreeing to pay Rs.10,00,000/- and accordingly, they have committed the murder at the instance of accused No.1. The call records reveals that prior to the committing of murder, accused No.2 has contacted accused No.1 and
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NC: 2023:KHC-K:8587 CRL.P No. 201460 of 2023 immediately, after committing the murder, he has intimated accused No.1 and requested for money and accordingly, accused No.1 has paid money.
7. The contention of the learned counsel for the petitioners that the motive alleged against the petitioners is weak cannot be accepted at this stage and the same is required to be considered at the time of trial. If the petitioners are released on bail, there is every possibility of they being absconded and they committing similar offences, which cannot be ruled out. Hence, I am of the view that the petitioners are not entitled for bail. Merely because accused No.1 is released on bail, that cannot be a ground to grant bail to the petitioners.
Hence, the petition is dismissed.
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JUDGE NB CT:SI List No.: 1 Sl No.: 15