Karnataka High Court
Praveen S/O Hanumant Mahar vs The State Of Karnataka on 18 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:1128
CRL.P No. 103030 of 2023
C/W CRL.P No. 103034 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 103030 OF 2023 (439)
C/W
CRIMINAL PETITION NO. 103034 OF 2023
IN CRL.P NO.103030/2023:
BETWEEN:
PRAVEEN S/O. HANUMANT MAHAR,
AGED ABOUT 24 YEARS,
OCC. TILES FITTER,
R/AT: AMBEDKAR GALLI, SHAGANMATTI,
TALUK: BELAGAVI,
BELAGAVI DISTRICT-591113.
...PETITIONER
(BY SRI DILRAJ ROHIT SEQUEIRA, ADVOCATE)
AND:
Digitally
VIJAYALAXMI signed by THE STATE OF KARNATAKA
M BHAT VIJAYALAXMI
M BHAT
R/BY THE STATION HOUSE OFFICER,
SHAHAPURA POLICE STATION,
REP BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD-580011.
...RESPONDENT
(BY SRI RANGASWAMY R., HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO PASS AN ORDER FOR GRANT OF REGULAR
BAIL TO THE PETITIONER/ACCUSED NO.5 HEREIN IN
CONNECTION WITH FIR IN CRIME NO. 39/2022 DATED
14.05.2022, PERTAINING TO SHAHAPURA POLICE STATION,
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NC: 2024:KHC-D:1128
CRL.P No. 103030 of 2023
C/W CRL.P No. 103034 of 2023
FOR THE OFFENCES P/U/SEC. 143, 147, 148, 341, 323, 302,
504, R/W SEC. 149 OF THE IPC, NOW PENDING IN S.C. NO.
168/2023 ON THE FILE OF 4TH ADDL. DISTRICT AND SESSIONS
JUDGE AT BELAGAVI.
IN CRL.P NO.103034/2023:
BETWEEN:
NAGARAJ S/O. MARUTHI TALWAR,
AGED ABOUT 23 YEARS,
OCC: MASON, R/AT: RAMAPURA GALLI,
TARIHAL, TALUK BELAGAVI,
BELAGAVI DISTRICT -591113.
...PETITIONER
(BY SRI DILRAJ ROHIT SEQUEIRA, ADVOCATE)
AND:
THE STATE
R/BY THE STATION HOUSE OFFICER,
SHAHAPURA POLICE STATION,
REP BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD -580011.
...RESPONDENT
(BY SRI RANGASWAMY R., HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO PASS AN ORDER FOR GRANT OF REGULAR
BAIL TO THE PETITIONER/ACCUSED NO.1 HEREIN
CONNECTION WITH FIR IN CRIME NO. 39/2022 DATED
14.05.2022, PERTAINING TO SHAHAPURA POLICE STATION
FOR THE OFFENSES P/U/SEC. 143, 147, 148, 341, 323, 302,
504 R/W SEC. 149 OF THE IPC, NOW PENDING IN S.C. NO.
168/2023 ON THE FILE OF 4TH ADDL. DISTRICT AND
SESSIONS JUDGE AT BELAGAVI.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:1128
CRL.P No. 103030 of 2023
C/W CRL.P No. 103034 of 2023
ORDER
1. Accused Nos.1 and 5 in S.C.No.168/2022 pending before the Court of the IV Addl.District and Sessions Judge, Belagavi arising out of Crime No.39/2022 registered by Shahpur police station, Belagavi for the offences punishable under Sections 143, 147, 148, 341, 323, 302, 504 read with Section 149 of IPC, are before this Court under Section 439 of Cr.P.C. in these petitions.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.39/2022 was registered by Shahapur police station, Belagavi against unknown 6 persons on the basis of the complaint dated 14.05.2022 lodged by Gnaneshwar Lumani Kamannache. During the course of investigation, accused No.1 was arrested on 15.05.2022 and accused No.5 was arrested on 17.05.2022. Investigation in the case is completed and charge sheet has been filed. Bail application filed by the petitioners before the Trial Court was rejected and therefore they are before this Court.
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NC: 2024:KHC-D:1128 CRL.P No. 103030 of 2023 C/W CRL.P No. 103034 of 2023
4. Learned counsel for the petitioners submits that the petitioners are youngsters who have no criminal antecedents. The incident in question had taken place in a spur of moment and accused persons had no intention for committing the murder of deceased-Mahesh, who is the son of the complainant. Investigation in the case is completed and charge sheet has been filed. Accordingly, prays to allow the petitions.
5. Per contra, learned High Court Government Pleader has opposed the bail petition. He submits that in addition to the complainant and his wife, there are other eyewitnesses to the incident in question. The petitioners as well as other accused were part of unlawful assembly that committed the murder of Mahesh. In the event the petitioners are enlarged on bail, they are likely to tamper with the prosecution witnesses. Accordingly, prays to dismiss the petitions.
6. The incident in question had taken place at about 7.50 p.m. on 13.05.2022. In the complaint dated -5- NC: 2024:KHC-D:1128 CRL.P No. 103030 of 2023 C/W CRL.P No. 103034 of 2023 14.05.2022, it is averred that unknown 6 persons had assaulted the complainant's son Mahesh with deadly weapons and had committed his murder. The complainant, his wife and other workers of the Garage in which Mahesh was working are said to be the eyewitness to the incident in question. In the charge sheet, it is alleged that on 13.05.2022, Mahesh had gone for a test drive in the car bearing registration No.KA-22/MC-5333 and when he was taking a 'U' turn near the Bellary nala, accused No.1 who came in a motorbike in a high speed, abruptly applied breaks to his motorbike and abused Mahesh using vulgar language. There was an altercation between the two parties. Thereafter Mahesh had left the spot in his car. Accused No.1 allegedly followed the car on his motorbike and after intercepting the car, had once again picked up quarrel with Mahesh. At that time, the complainant, his wife and other co-workers of Mahesh in the Garage arrived at the spot. Accused No.1 telephoned accused No.5 and thereafter accused Nos.2 to 6 arrived at the spot. They allegedly picked up quarrel with the deceased and also -6- NC: 2024:KHC-D:1128 CRL.P No. 103030 of 2023 C/W CRL.P No. 103034 of 2023 assaulted the complainant and others who were present there. Accused persons allegedly threatened the complainant and other persons present there with weapons which they were holding and accused Nos.1 and 5 allegedly held Mahesh to facilitate other accused persons to assault him. Accused No.2 allegedly stabbed Mahesh on his stomach with a knife and accused Nos.3, 4 and 6 allegedly assaulted Mahesh on his head and other parts of the body with cycle chain which they were holding. As a result of the assault, Mahesh suffered grievous injury and he died in the hospital while undergoing treatment. The allegation against the petitioners herein is that they had held the deceased Mahesh to facilitate other accused persons assault him with weapons which they had. Accused persons undisputedly were strangers and they had no motive against deceased-Mahesh or other eyewitnesses. The postmortem report would go to show that there is only one stab injury on the body of the deceased and other injuries found on the body of deceased are not of grievous nature. The question whether accused -7- NC: 2024:KHC-D:1128 CRL.P No. 103030 of 2023 C/W CRL.P No. 103034 of 2023 persons had intention to murder the deceased is required to be trashed out in a full fledged trial. Undisputedly, petitioners herein have no criminal antecedents and they are in custody for the last nearly 20 months. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:
ORDER Petitions are allowed. The petitioners/accused Nos.1 and 5 are directed to be enlarged on bail in S.C.No.168/2022 pending before the Court of the IV Addl.District and Sessions Judge, Belagavi arising out of Crime No.39/2022 registered by Shahpur police station, Belagavi for the offences punishable under Sections 143, 147, 148, 341, 323, 302, 504 read with Section 149 of IPC, subject to the following conditions:
i. The petitioners/accused Nos.1 and 5 shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties each for the -8- NC: 2024:KHC-D:1128 CRL.P No. 103030 of 2023 C/W CRL.P No. 103034 of 2023 likesum to the satisfaction of the jurisdictional Court;
ii. The petitioners/accused Nos.1 and 5 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons; iii. The petitioners/accused Nos.1 and 5 shall not directly or indirectly threaten or tamper with the prosecution witnesses; iv. The petitioners/accused Nos.1 and 5 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE KGK LIST NO.: 1 SL NO.: 13