Karnataka High Court
Mr. Shashi Kumar J vs The State Of Karnataka on 3 January, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:198
CRL.P No. 9761 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 9761 OF 2023
BETWEEN:
MR. SHASHI KUMAR J
S/O MEESE JAYARAMAIAH @ B .M. JAYARAMAIAH,
AGED ABOUT 28 YEARS,
OCC: AGRICULTURIST AND LAW STUDENT,
R/AT TAMMANAYAKANAHALLI VILLAGE,
KASABA HOBLI, ANEKAL TALUK,
BENGALURU - 562 106.
PERMANENT R/OF: HEBBAGODI VILLAGE,
BOMMASANDRA, ATTIBELE HOBLI,
ANEKAL TALUK, BENGALURU - 560 099.
...PETITIONER
(BY SRI. B.C.RAJANNA, ADVOCATE)
AND:
THE STATE OF KARNATAKA
Digitally signed by
VEDAVATHI A K REPRESENTED BY ANEKAL POLICE STATION,
Location: High BENGALURU,
Court of Karnataka
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. VINAY MAHADEVAIAH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.PC PRAYING TO ENLARGE THE PETITIONER / ACCUSED
NO.2 ON BAIL IN CR.NO.2/2022, S.C.NO.5045/2022 OF ANEKAL
POLICE STATION, BENGALURU, FOR THE ALLEGED OFFENCE
P/U/S 302, 109, 120B R/W SEC. 34 OF IPC, WHICH IS PENDING
ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT, SIT AT ANEKAL.
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NC: 2024:KHC:198
CRL.P No. 9761 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner-accused No.2 under Section 439 of Cr.P.C., for granting bail in Crime No.2/2022 registered by Anekal police station, Bengaluru, for the offences punishable under Sections 302, 109, 120(B) read with 34 of IPC, now pending on the file of S.C.No.5045/2022, III Additional District and Sessions Judge, Bengaluru Rural District.
2. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that, on the complaint of one Smt.Padma, who is the employer of the deceased Rajashekar Reddy, filed complaint on 05.01.2022 alleging that the deceased was appointed for looking after the affairs of her elder's property situated at Anekal jurisdiction. On the date of the incident, the -3- NC: 2024:KHC:198 CRL.P No. 9761 of 2023 deceased had left home in a car belonging to the complainant, for getting legal opinion from the advocate for sale of the property. At about 8.13 p.m, she got the information from one Ayyappa that Rajashekar Reddy was done to death by the gang of people. Accordingly, she went to the spot and seen the dead body. During the investigation, it was revealed the accused No.1., who said to have given contract to accused Nos.4 to 6 through accused No.8 for committing the murder, in respect of the land dispute between himself and the complainant and this petitioner being son of the accused No.1, who introduced the contract killer to the accused No.1. Accordingly, the accused No.1 said to be paid Rs.4.5 lakhs by cash to accused No.8 and agreed to give Rs.1 crore and construct a house on his site as a contract money, for killing Rajashekar Reddy. Accordingly, the police arrested this petitioner on 18.1.2022 and was remanded to the judicial custody. His bail petition came to be rejected by this court in Crl.P.No.6585/2022 dated 24.8.2022 and once again this petitioner is before this court.
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NC: 2024:KHC:198 CRL.P No. 9761 of 2023
4. Learned counsel for the petitioner contended there is no overt act against this petitioner, except the allegation that he has introduced the accused No.8 to the father. The accused No.1 is already granted bail by this court in Crl.P.No.858/2023 dated 13.9.2023. He is in custody for more than two years and he is not required for any further investigation.
5. Per contra, learned High Court Government Pleader objected the bail petition and contended that this petitioner is the son of the accused No.1, who introduced accused No.8 to the father and inturn his father gave contract money for killing the deceased. Therefore, if he is granted bail, he may commit similar offence or tamper with the prosecution witness is not ruled out. Hence prayed for dismissing the petition.
6. Upon hearing the arguments and on perusal of the records, it reveals ofcourse, the accused No.1 already granted bail by this court. The allegations against this -5- NC: 2024:KHC:198 CRL.P No. 9761 of 2023 petitioner is that he has introduced accused No.8 to the accused No.1, inturn accused No.1 made contact with accused No.8 for committing the murder of Rajashekar Reddy by paying Rs.4.5 lakhs and assured to give Rs.1 crore, apart from constructing a house on his site. Learned counsel for the petitioner submits there is no property situated or stands in the name of the petitioner or in the name of his father. They are really poor family. The question of giving Rs.1 crore or constructing house towards the contract killing does not arises etc., However, allegation against him is that he has introduced the accused No.8, to his father accused No.1. Inturn, accused No.1 contacted the accused No.8 and inturn the other accused Nos.3 to 6 said to be committed the murder. Considering the facts, that all other accused are in the jail, except the accused No.1. He is in custody for almost two years. Investigation is completed long back and trial is yet to begin. Therefore, I am of the view by imposing certain conditions, if bail is granted, no prejudice would cause to the prosecution case. Hence, the following order: -6-
NC: 2024:KHC:198 CRL.P No. 9761 of 2023 Order The Criminal petition is allowed. The petitioner-accused No.2, is ordered to be released on bail by the Trial Court in Crime No.2/2022 registered by Anekal police station, Bengaluru, for the offences punishable under Sections 302, 109, 120(B) read with 34 of IPC, now pending on the file of S.C.No.5045/2022, III Additional District and Sessions Judge, Bengaluru Rural District, subject to the following conditions:
(i) Petitioner-accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) with two
sureties for the likesum to the
satisfaction of the trial Court;
(ii) Petitioner shall not indulge in similar
offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;-7-
NC: 2024:KHC:198 CRL.P No. 9761 of 2023
(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court.
(v) Petitioner shall mark the attendance
before the Investigating Officer or
concerned police, once in a month or
every 2nd of Calendar month, until
disposal of the criminal case.
If any of the above conditions are violated, the prosecution is at liberty move an application for cancellation of this bail order.
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JUDGE AKV List No.: 1 Sl No.: 18 CT:SK