Karnataka High Court
Kuruva Ramesh @ Thikka ... vs State Of Karnataka on 18 June, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18 T H DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No.101042/2021
BETWEEN:
KURUVA RAMES H @ THIKKA RAMES H
S/O.ANJANEYA
AGE. 30 YEARS , OCC. FARMER
R/O. KONDAGIRI S TREET,
PATTHIKONNDA, K ARNOOL- 518001
ANDHRA PRAD ESH-518001
...PETITIONER
(BY SRI.B ANWAR BASHA, ADVOCAT E)
AND
THE STATE OF KARNATAKA
(THROUGH COWL BAZAR POLI CE STATION)
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF K ARNATAKA
DHARWAD-580001.
... RES PONDENT
(BY SRI. RAMESH CHIGARI , HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., PRAYING TO ALLOW T HE PETITION AN D
ENLARGE THE PET ITIONER / ACCUS ED NO.12 ON BAI L
SC NO.37/ 2020 IN CONNECTION WITH CRIME
NO.43/ 2020 REGI STERED IN COW L BAZAR POLICE
STATION FOR THE OFFEN CES U/S 149, 109, 120B,
143, 147, 148, 302, 114, 506 OF IPC AND U/S 4, 25,
1, B OF ARMS A CT, PENDING TRIAL OF THE CASE
BEFORE THE II ADDL. DISTRICT AND SESSIONS
JUDGE, BALLARI .
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THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the accused No.12 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.43/2020 of Cowl Bazar Police Station, Ballari registered for the offences punishable under Sections 143, 147, 148, 114, 109, 120B, 302, 506 r/w 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 4, 25(1)(B) of the Arms Act,1959.
2. It is the case of the prosecution that when the deceased was in Central Prison, Ballari, in murder case of Bandi Ramesh, he made an attempt to commit murder of accused 3 No.1 and in this regard accused No.1 and his followers accused Nos.14 to 21 conspired to kill the deceased N.Yallappa, accused No.1 gave support to accused Nos.8 and 9 to kill deceased N.Yallappa and agreed to pay Rs.10 Lakhs within 10 days of murder. That on 23.02.2020, accused Nos.6 to 8 and 10 to 12 went in the auto bearing registration No.KA- 34/A-3541 of accused No.1 near Khaleel Mutton Shop situated at Devinagar, Ballari, where accused deceased Yallappa was sitting, accused No.10 assaulted the deceased with an axe on his head, accused No.12 assaulted the deceased with chopper on his head, neck, left chest and caused bleeding injuries, when he became unconscious, accused No.11 threatened CW.13 by showing the chopper and restrained him. The petitioner-accused No.12 came to be 4 arrested on 20.03.2020. The petitioner filed application in S.C.No.37/2020, seeking bail and the same came to be rejected by II Addl. District & Sessions Judge, Ballari, by order dated 23.04.2021. Therefore, the petitioner is before this Court seeking bail.
3. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. It would be the contention of the learned counsel for the petitioner that the petitioner is innocent, has not committed any offence as alleged and he has been falsely implicated in this case. The petitioner-accused No.12 came to be implicated only on the basis of voluntary statement of accused No.8. He further contended that the eye-witnesses 5 CWs.13 to 15 have not stated the name of petitioner. The Investigating Officer has not conducted any Test Identification parade. The motive is between accused No.1 and deceased and there is no role of accused No.12 and there are other cases pending against him in Ballari and Andhra Pradesh State and he has got many enemies and the same has been stated by his wife in her statement.. The accused Nos.1, 6, 7, 8, 9, 11, 13 to 21 have been granted bail and therefore on the ground of parity, the petitioner is entitled for bail. The petitioner is in judicial custody since 20.03.2020 and as the charge sheet has been filed the petitioner is not required for any custodial interrogation. The petitioner is ready to furnish surety and abide the conditions to be imposed by this 6 Court. With this, he prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that the offences alleged against the petitioner is a heinous offence punishable with death or imprisonment for life. The petitioner-accused No.12 is a member of rowdy sheeter undertaking supari killing. It is further stated that accused No.12 was present at the spot at the time of incident. He assaulted the deceased with chopper on his head, neck and chest. On perusal of the charge sheet there is a prima facie case against the petitioner for the offences alleged and if, the petitioner is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.
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6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
7. Even according to charge sheet papers the overt act alleged against the petitioner-accused No.12 is that he assaulted the deceased with chopper on his head, neck and left chest and caused bleeding injuries. CWs.13 to 15 are the eye-witnesses and they have not named the petitioner but they have only stated five persons came in auto and among them two have assaulted the deceased and one threatened CW.13. Whether the petitioner has assaulted the deceased and killed him is a matter of trial. The petitioner is in judicial custody since 20.03.2020 and as the 8 charge sheet has been filed, he is not required for any custodial interrogation. The accused No.1, 6 to 9, 11, 13 to 21 have been granted bail. The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection may be set right by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
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ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner shall be released on bail in Crime No.43/2020 of Cowl Bazar Police Station, Ballari subject to the following conditions:
i) The petitioner-accused No.12 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall mark his
attendance in Cowl Bazar Police
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Station, Ballari, on first Sunday of every month till disposal of the case.
iv) The petitioner shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE RM