Karnataka High Court
Shri Akash S/O Kailas Hegade vs The State Of Karnataka on 18 January, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2024:KHC-D:1178
CRL.P No. 103740 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.103740 OF 2023
BETWEEN:
SHRI AKASH S/O KAILAS HEGADE
AGE :24 YEARS
OCCUPATION :NIL
R/O CANTONMENT QUARTERS CAMP BELAGAVI
TQ AND DISTRICT: BELAGAVI
PIN 590009
...PETITIONER
(BY SRI S M MUCHHANDI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THE POLICE INSPECTOR BELAGAVI
RURAL POLICE STATION
DISTRICT BELAGAVI
Digitally signed
PIN 590016
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI REPRESENTED BY ITS STATE PUBLIC PROSECUTOR
Date: 2024.01.24
11:55:51 +0530
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA
AT :DHARWAD BENCH, PIN: 580011
...RESPONDENT
(BY SRI P.N.HATTI, AGA)
THIS CRIMINAL PETITION IS FILED U/S. 439 OF CR.P.C.,
PRAYING TO THE PETITION FILED BY THIS
PETITIONER/ACCUSED NO.8 MAY BE ALLOWED AND THIS
PETITIONER MAY BE ENLARGED ON REGULAR BAIL BY
IMPOSING REASONABLE CONDITIONS IN BELAGAVI RURAL
P.S. CRIME NO.38/2022 U/S 143, 147, 148, 120(B), 302, 109,
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NC: 2024:KHC-D:1178
CRL.P No. 103740 of 2023
201, 213, R/W 149 OF IPC, PENDING TRIAL IN
S.C.NO.138/2022 ON THE FILE OF IV TH ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. This petition is filed by accused No. 8 seeking bail in crime No. 38/2022 of Belagavi Rural Police Station for offence punishable under Sections 143, 147, 148, 120- B, 302, 109, 201, 213 read with Section 149 of IPC.
2. Case of the prosecution is that, one Deepa Raju Doddammanavar has lodged the complaint stating that, her husband deceased - Raju had gone for morning walk on 15.03.2022 at about 5.45 a.m., in his car bearing registration No. KA-28/N-9849, when some unknown assailants assaulted him and caused his death at Bhavani Nagar jurisdiction near Mandoli road, Belagavi. Said complaint came to be registered in Crime No.38/2022 against unknown person for the offence punishable under Section 302 of IPC. The Police after the investigation have filed charge sheet against 11 accused. The accusation in -3- NC: 2024:KHC-D:1178 CRL.P No. 103740 of 2023 the charge sheet is that accused No.1 is the second wife of the deceased - Raju and accused Nos.2 and 3 are real- estate partners of deceased-Raju in Belagavi. There was a dispute between accused No.1 and the deceased - Raju. Accused No.1 had lodged the complaint against her husband Raju before Mahila Police Station, Belagavi. The deceased had married the complainant as his third wife, ten months ago and she was staying along with him in his house. This incident had irked accused No.1. The deceased-Raju in his business with accused Nos.2 and 3 had cheated them with lakhs of rupees and there was a fight amongst accused Nos.2, 3 and the deceased - Raju. Accused No.1 - estranged wife of the deceased - Raju, had conspired with accused Nos. 2 and 3 to commit the murder of her husband Raju. Accused No.2 as per plan contacted accused Nos.4 and 5 and all of them met accused Nos.1 and 3 and discussed about plan of eliminating Raju. Accused Nos.4 and 5 have told accused Nos.2 and 3 that the murder is executed by one Vishal Singh Chouhan (accused No.11) and further accused No.4 -4- NC: 2024:KHC-D:1178 CRL.P No. 103740 of 2023 demanded Rs. 10,00,000/- to execute the murder of Raju. Accused Nos. 1 to 3 agreed for the offer and further accused Nos.2, 4 and 5 came near Priyanka Hotel and received Rs.5 lakhs as advance amount. accused No.11- Vishal. Accused Nos.2, 4 and 5 contacted accused No.11 who agreed and demanded Rs.6 lakhs from them. Accused Nos.2, 3 and 5 have given Rs.1,00,000/- to accused No.11 and said that the remaining amount of Rs.5 lakhs shall be paid after commission of murder. Accused No.11 further contacted accused Nos.7, 8 and 9 to kill Raju and informed them about the plan to commit the murder of Raju. Accused Nos.9, 10 and 11 had met each other and accused No.11 had informed accused No.10 about the said plan and requested accused No.10 to help them to escape after committing murder and getting bail from the Court after commission of murder. On 14.03.2022 accused No.5 - Vijay Jagrut asked car of accused No.6 on rent on 15.03.2022 for which the accused No.6 has agreed. Accused No.6's car has been used by accused Nos. 4, 5 and 11 to observe the murder on -5- NC: 2024:KHC-D:1178 CRL.P No. 103740 of 2023 15.03.2022. Accused No.7 carried accused Nos.8 and 9 on two wheeler and waylaid deceased who was moving in his car at 5.30 a.m., on 15.03.2022. Accused No.8 - Akash thrown chilly powder on the face of the deceased and assaulted the deceased with knife and accused No.9 has also assaulted the deceased with knife and committed the murder of Raju. The charge sheet is filed against accused Nos.1 to 11 for the offences punishable under Sections 143, 147, 148, 120-B, 302, 109, 201 and 213 read with 149 of IPC.
3. This is a successive bail petition filed by the petitioner - accused No. 8.
4. Heard learned counsel for petitioner and learned AGA for respondent - State.
5. Learned counsel for petitioner would contend that father of the petitioner Sri. Kailash Huligeppa Hegde, aged about 50 years, is suffering from Paralysis and presence of this petitioner is required to take care of his -6- NC: 2024:KHC-D:1178 CRL.P No. 103740 of 2023 father. He further submits that he has produced copy of the ration card and medical certificate in that regard. With this he prayed to allow the petition.
6. Per contra, learned AGA appearing for the respondent - State would contend that earlier this Court taking into consideration the prima facie case, involvement of this petitioner, petitioner being a supari killer, threat to the prosecution witnesses has rejected his petition seeking bail. He contends that there are no new grounds made out in this successive petition for grant of bail. He contends that on perusal of the ration card it is clear that there are other family members of petitioner who can look after and take care of the father of the petitioner. With this he prayed to reject the petition.
7. Having heard the learned counsel for the petitioner and learned AGA for respondent - State this Court has gone through the charge sheet records and documents produced by the petitioner.
8. This Court earlier considering the prima facie case, involvement of this petitioner, heinousness of the -7- NC: 2024:KHC-D:1178 CRL.P No. 103740 of 2023 offence, threat to the prosecution witnesses and petitioner being a supari killer has rejected his petition seeking bail. In this successive petition petitioner is seeking bail on the ground that his father is suffering from Paralysis and his presence is required to take care of his father. Copy of the ration card produced by the petitioner will indicate that petitioner has mother and sister as family members. Said mother and sister of the petitioner can take care of the father of the petitioner who is suffering from Paralysis. Petitioner being a Supari killer is not entitled for grant bail in this successive petition. Hence, petition is rejected.
Sd/-
JUDGE LRS List No.: 19 Sl No.: 2