Karnataka High Court
Vasant S/O Babu Holkar vs The State Of Karnataka on 8 December, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8 T H DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102030/2021
BETWEEN:
VASANT S/O. BABU HOLKAR,
AGE: 42 YEARS,
OCC: ADVOCATE
R/O: MUGALKHOD VILLAGE,
TQ: RAIBAG,
DIST: BELAGAVI-591 235
...PETITIONER
(BY SRI K. ANAND KUMAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH P.S.I.,
RAIBAG POLICE STATION,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING
DHARWAD BENCH
DHARWAD.
... RESPONDENT
(BY SRI RAMESH B. CHIGARI, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER
SECTIN 439 OF CR.P.C., PRAYING TO ENLARGE
THE PETITIOENRS ON BAIL IN CRIME
NO.84/2021 REGISTERED BEFORE RAIBAG
POLICE STATION FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148,
129(B), 114, 302, 504 READ WITH SECTION
149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Accused No.1 has filed this petition 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.84/2021 of Raibag Police Station, registered for the offences punishable under Sections 143, 147, 148, 120B, 114, 302, 504 read with 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
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2. The case of the prosecution is that accused No.1 - Vasanath Babu Holkar, his wife Veena Vasanth Holkar and accused No.2 - Shreemant Basappa Holkar, who is cousin brother accused No.1 were known to deceased Purandar and his family members. The deceased Purandar from his mobile phone has sent his half nude photo through What App to the mobile of CW.16-Veena Vasanath and on coming to know the same accused No.1 suspected deceased and all accused conspired to commit murder of Purandar. Accused No.1 told Purandar to come to the house of accused No.2 on 27.04.2021 and on 27.04.2021 at about 9.30 a.m., when the deceased came to the house of accused No.2, accused Nos.3 to 5 have abused him in filthy language and assaulted him with a pipe on his entire body 4 and killed him. The charge-sheet has been filed against accused Nos.1 to 5 for the offences under Sections 143, 147, 148, 120(B), 114, 302, 504 read with 149 of IPC.
3. Petitioner was arrested on 15.06.2021 and remanded to Judicial Custody. The petitioner filed Crl.Misc.No.5527/2021 seeking bail and the same came to be rejected by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi by order dated 02.09.2021. Therefore, the petitioner is before this Court seeking bail.
4. Heard arguments of learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent- State.
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5. The learned counsel for the petitioner would contend that the petitioner is innocent, he has not committed any offences as alleged and he has been falsely implicated in this case. He submits that there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. Charge- sheet is filed and therefore the petitioner is not required for custodial interrogation. The only accusation made against accused No.1 is that, he conspired with accused Nos.2 to 5 to commit murder of the deceased-Purandar. Accused No.2 has been granted anticipatory bail in Criminal Petition No.101102/2021 and accused Nos.3 to 5 have been granted bail in Criminal Petition No.102069/2021. Therefore, the petitioner is entitled for grant of bail on 6 the ground of parity. With this, he prayed for allowing the petition.
6. Per contra, learned High Court Government Pleader for the respondent-State submitted that the petitioner/accused No.1 instigated accused Nos.2 to 5 to commit murder of the deceased-Purandar. He further submitted that there are prima facie material against the petitioner for the offence alleged against him. If he is granted bail, he will threaten the complainant and other prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.
7. Having regard to the submission made by learned counsel for the petitioner and learned High Court Government Pleader for 7 respondent-State, this Court has gone through the charge sheet records.
8. The accusation leveled against the accused is that the deceased was called by accused No.1 and his cousin brother-accused No.2 to the house of accused No.2 for enquiry with regard to the deceased uploading his seminude photo and sending it to the wife of accused No.1. The deceased sustained injuries and he was taken to the hospital, but the Doctor who examined him reported dead. The accusation leveled against the petitioner is that, he conspired with accused Nos.2 to 5 to kill the deceased-Purandar and instigated them to commit murder of Purandar. There are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. As the case of the prosecution is 8 based on circumstantial evidence, the prosecution has to prove each of the circumstances during the trial. There are no criminal antecedents of the petitioners. Accused No.2 has been granted anticipatory bail and accused Nos.3 to 5 have been granted bail by this Court. Therefore, the petitioner is entitled for grant of bail on the ground of parity. The main objection of the prosecution is that in the event of granting bail, the petitioners are likely to cause threat to the complainant and other prosecution witnesses. The said objection can be met with by imposing stringent conditions.
9. In the facts and circumstances of the case and the submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain 9 terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioners shall be released on bail in Crime No.84/2021 of Raibag Police Station subject to the following conditions:
i) The petitioner/accused No.1 shall execute 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/accused No.1 shall not indulge in tampering the prosecution witnesses.
iii) The petitioner/accused No.1 shall attend the Court on all the dates of 10 hearing unless exempted and co-
operate in speedy disposal of the case.
Sd/-
JUDGE Sbs* & kmv