Karnataka High Court
Sri. Prashanth Lambani Alias Shekar ... vs The State Of Karnataka on 12 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102726 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF OCTOBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102726 OF 2022
BETWEEN:
SRI. PRASHANTH LAMBANI ALIAS SHEKAR NAYAK
AGE. 31 YEARS, OCC. COOLIE
R/O HOUSE NO. 128, TUMBINKERI
SANNA TANDA, HIREHADAGALI
DIST. VIJAYANAGAR-583102
...PETITIONER
(BY SRI. SRINAND A PACHHAPURE.,ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH GUTTAL POLICE STATION
NOW REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA DHARWAD BENCH AT
DHARWAD -580011
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.1 IN
CRIME NO.81/2022 REGISTERED FOR THE OFFENCE PUNISHABLE
U/S 302 AND 201 OF IPC BY THE RESPONDENT GUTTAL POLICE
STATION, PENDING ON THE FILE OF COURT OF ADDITIONAL
CIVIL JUDGE (JR.DN) AND JMFC, HAVERI.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 102726 of 2022
ORDER
This petition is filed by accused No.1 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.81/2022 of Guttal Police Station, Haveri, registered for the offences punishable under Sections 302 and 201 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Sri.Raju Lalappa Angadi s/o Lalappa Angadi, has filed complaint stating that he is residing along with his family at Hoovinahadagali taluk, Vijayanagar district and his sister by name Yashodha was given in marriage to a person at Hanapur village of Badami taluk and she has two sons i.e. deceased Naveen and Nayan. The deceased Naveen since from childhood was residing with the complainant and studied up to SSLC. The deceased was addicted to -3- CRL.P No. 102726 of 2022 bad habits like drinking alcholol, smoking and consuming ganja. Several times, the deceased was advised to leave the bad habits, despite which, he was continuing the same and he had gone to jail in theft case. It is further stated that, on 27.02.2022 at 10:00am he had gone to Hubballi by taking Rs.600/- from his mother. On 28.07.2022, at 7:00am, the complainant received a call from his acquaintance stating that dead body of his sister's son Naveen is found on Haveri-Guttal road near Somanakatti Shibar and asked him to come and identify the dead body. Immediately, the complainant along with the accused No.2 went to the spot and found the dead body of his sister's son. The complainant suspected that some unknown persons have committed the murder of his sister's son by strangulating by means of rope. The said complaint came to be registered in Crime No.81/2022 for offences under Sections 302 and 201 of IPC against unknown persons. During the course of -4- CRL.P No. 102726 of 2022 investigation, the police arrested the petitioner/accused No.1 and accused No.2 on 31.07.2022 and recorded their voluntary statements. It is the further case of the prosecution that, the deceased Naveen was the son of accused No.2's aunt. The said Naveen was a drunkard and was involved in theft case. When amount was not given to Naveen for consuming alcohol, he used to take small children and was threatening to throw them from the building. Therefore, accused No.2 told the petitioner/accused No.1 that Naveen is giving too much torture to him, as such, he asked to finish him by mixing sleeping tablets in alcohol. Thereafter, accused No.1 took Naveen on his motorcycle and went to Kamadenu bar and purchased whisky and, as per their plan, mixed sleeping tablets in alcohol and made Naveen to consume the same, due to which, Naveen became unconscious. Thereafter, the petitioner/accused No.1 called accused No.2 to bring car and both of them shifted Naveen in the back side -5- CRL.P No. 102726 of 2022 of the car. When he came to Kanchagargatti cross, Naveen regained conscious. At that time, the petitioner/accused No.1 tied the neck of the deceased with cloth and committed his murder. Further, in order to screen the evidence, kept the dead body in back side of the car and proceeded towards Sirsi via Haveri. On the way, due to fear, returned to Guttal and thrown the dead body near Somanakatti Shibar. The petitioner/accused No.1 came to be arrested on 31.07.2022 and he is in judicial custody. The petitioner/accused No.1 filed Crl.Misc.No.649/2022 seeking bail and the same came to be rejected by the learned I Additional District and Sessions Judge, Haveri, by order dated 07.09.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent- State.
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4. Learned counsel for the petitioner would contend that, the complaint came to be registered against unknown persons. The Investigating Officer has already recorded the statement of 8 witnesses and none of them are eyewitnesses. The petitioner came to be implicated only on the basis of his voluntary statement. The petitioner is not related to the deceased but he is working under accused No.2. Accused No.2 has already been granted bail and therefore, the petitioner is entitled for grant of bail on the ground of parity. There is no motive for this petitioner to commit murder of the deceased. The petitioner is in judicial custody since 31.07.2022 and therefore, he is not required for custodial interrogation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that, investigation is still in progress. The voluntary statement of accused Nos.1 and 2 itself go to show the involvement of this -7- CRL.P No. 102726 of 2022 petitioner in the commission of murder of deceased Naveen. There is specific overt act alleged against this petitioner/accused No.1. The offences alleged against this petitioner are heinous offences punishable with death or imprisonment for life. There is recovery of sleeping pills box, car, bike and cloth piece under mahazar at the instance of this petitioner. This petitioner has also shown the spot from where he took the deceased and also the spot where he committed murder of the deceased. The postmortem examination report reveal that, there is dark brown abrasion around the neck of the deceased. As investigation is in progress, the petitioner is not entitled for grant of bail. If he is released on bail, he will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court -8- CRL.P No. 102726 of 2022 has gone through the averments of the complaint, FIR, remand application and the order passed by the Sessions Court.
7. The accusation against this petitioner/accused No.1 is that, accused No.2 was fed up with the activities and behaviour of the deceased Naveen and therefore he instigated this petitioner/accused No.1 to commit murder of Naveen by mixing sleeping pills in alcohol and make the deceased to drink it. Serious overt acts are alleged against the petitioner/accused No.1 of strangulating the deceased with a cloth piece. There is recovery of sleeping pill box, bike, car and cloth piece under mahazar at the instance of this petitioner. The spot mahazar has also been drawn as shown by this petitioner/accused No.1. What is the exact role of this petitioner is a matter of investigation and final report. The petitioner is not entitled for grant of bail on the ground of parity since serious overt acts are alleged against this petitioner than that of -9- CRL.P No. 102726 of 2022 accused No.2. The petitioner is not entitled for grant of bail at this stage when investigation is in progress. The petitioner has not made out any ground for grant of bail at this stage.
Accordingly, the criminal petition is dismissed.
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JUDGE kmv