Karnataka High Court
Ravi vs The State By Kyathasandra Police ... on 6 December, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:44058
CRL.P No. 9569 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9569 OF 2023
BETWEEN:
RAVI
S/O VENKATESH
AGED ABOUT 42 YEARS
R/AT KATENAHALLI CROSS
KOLALA HOBLI, KORATAGERE TALUK
TUMAKURU DISTRICT - 572 101
...PETITIONER
(BY SRI: CHETHAN .B., ADVOCATE)
Digitally signed AND:
by PAVITHRA N
Location: High THE STATE BY
Court Of KYATHASANDRA POLICE STATION
Karnataka
TUMAKURU - 572 101
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
...RESPONDENT
(BY SRI: RAHUL RAI .K., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.135/2023 REGISTERED BY KYATHASANDRA POLICE STATION,
TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302,
201, 202 AND 506 OF IPC PENDING ON THE FILE OF PRINCIPAL
CIVIL JUDGE (JR.DN.) AND J.M.F.C., TUMAKURU IN
C.C.NO.3409/2023.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT PASSED THE FOLLOWING:
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NC: 2023:KHC:44058
CRL.P No. 9569 of 2023
ORDER
Accused No.1 in Crime No.135 of 2023 registered by Kyathasandra Police Station, for the offences punishable under Sections 302, 201, 202 and 506 of IPC, is before this Court under Section 439 Cr.P.C. seeking regular bail.
2. Heard learned counsel for the parties.
3. FIR in Crime No.135 of 2023 was registered by Kyathasandra Police Station, Tumakuru initially for the offences punishable under Sections 302, 201 and 176 of IPC on the basis of complaint dated 21.05.2023 registered by B S Ramaswamy, son of Shantharaju, who is the son-in-law of deceased Sumithra. During the course of investigation, the petitioner was arrested on 24.05.2023. The investigation in the case is completed and the charge sheet has been filed for the aforesaid offences totally against 5 accused persons. The bail application filed by the petitioner in Crl.Misc.No.1287 of 2023 on the file of the Court of the Principal District and Sessions Judge, Tumakuru, was rejected on 08.09.2023. Therefore, he is before this Court.
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NC: 2023:KHC:44058 CRL.P No. 9569 of 2023
4. Learned counsel for the petitioner having re- iterated the grounds urged in the petition submits that the entire case of the prosecution is based on circumstantial evidence. The dead body of deceased Sumithra has not been traced in the present case. There is inordinate delay of 8 months in lodging the complaint. The petitioner is in custody from 24.05.2023. The investigation in the case is completed and the charge sheet has been filed. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader has opposed the bail application and prays to dismiss the petition.
6. The allegations in the charge sheet is that the petitioner had two wives. The deceased Sumithra was his second wife. The petitioner suspected that Sumithra had extra marital relationship and therefore, they used to quarrel with each other. It is in this background, the petitioner decided to murder Sumithra. On 13.09.2022, he allegedly took Sumithra along with him and after purchasing insecticide, he mixed the -4- NC: 2023:KHC:44058 CRL.P No. 9569 of 2023 same in the food which he had brought. Sumithra consumed the food which was mixed with insecticide and lost consciousness. The petitioner strangulated her neck and subsequently, had poured kerosene on her dead body and burnt the same.
7. It is alleged that the petitioner had thereafter confessed with CW2 about the murder committed by him. The complaint is lodged by the son-in-law of Sumithra after lapse of about 8 months, based on the information given to him by CW2 to whom the petitioner had allegedly made confession. Undisputedly, the dead body of the deceased Sumithra has not been traced. There is inordinate delay of 8 months in filing the complaint. The complaint is based on the alleged confession statement said to have been made by the petitioner with CW2. The entire case of the prosecution is based on circumstantial evidence. The petitioner has no criminal antecedents. He is in custody from 24.05.2023. In the circumstances, I am of the opinion that the petitioner has made out a prima facie case for grant of regular bail. Hence, the following:
ORDER
(i) The Criminal Petition is allowed.-5-
NC: 2023:KHC:44058 CRL.P No. 9569 of 2023
(ii) The petitioner is directed to be enlarged on bail in Crime No.135 of 2023 registered by Kyathasandra Police Station, Tumakuru, for the offences punishable under Sections 302, 201, 202 and 506 of IPC, subject to the following conditions:-
a. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the concerned Court;
b. The petitioner shall not tamper with the prosecution witnesses either directly or indirectly;
c. The petitioner shall appear before the Trial Court regularly on all dates of hearing unless her presence is dispensed with the Trial Court for valid reasons.
d. The petitioner shall not leave the jurisdiction of the Court without prior permission from the said Court till the disposal of the case.
Sd/-
JUDGE *bgn/-
List No.: 1 Sl No.: 35