Karnataka High Court
Ravi And Anr vs The State Of Karnataka on 12 June, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:880
CRL.P No. 200250 of 2023
C/W CRL.P No. 200464 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.200250 OF 2023
C/W
CRIMINAL PETITION NO.200464 OF 2023
IN CRL.P. NO.200250/2023:
BETWEEN:
1. RAVI S/O HANAMANTH BANDIWADDAR,
AGE: 20 YEARS, OCC: RUNS A TEA POINT SHOP,
R/O BILLAD VILLAGE, TQ. JEWARGI,
DIST. KALABURAGI-585 310.
2. RAKEKSH @ GANESH S/O YAMUNAPPA,
AGE: 23 YEARS, OCC: DRIVER,
R/O SIBAR KATTA, OLD SHAHABAD,
TQ. SHAHABAD, DIST. KALABURAGI-585 228.
Digitally signed ...PETITIONERS
by LUCYGRACE
Location: HIGH
COURT OF (BY SRI. MAHANTESH H. DESAI, ADVOCATE)
KARNATAKA
AND:
1. THE STATE OF KARNATAKA,
THROUGH WADI RAILWAY P.S.,
THROUGH ADDL. STATE PUBLIC PROSECUTOR
OF HON'BLE HIGH COURT OF KARNATAKA,
BENCH KALABURAGI - 585 103.
...RESPONDENT
(BY SRI. GURURAJ V. HASILKAR, HCGP)
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NC: 2023:KHC-K:880
CRL.P No. 200250 of 2023
C/W CRL.P No. 200464 of 2023
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C BY THE
ADVOCATE FOR THE PETITIONER, PRAYING TO RELEASE
THE PETITIONER ON BAIL IN CRIME NO.62/2021 OF WADI
RAILWAY POLICE STATION AT WADI, DIST. KALABURAGI,
FOR THE OFFENCES PUNISHABLE U/SEC. 364, 302, 201 R/W
SEC. 34 OF IPC, PENDING BEFORE THE IV ADDL. DIST. AND
SESSIONS JUDGE, SITTING AT SEDAM.
IN CRL.P. NO.200464/2023:
BETWEEN:
1. LAXMAN S/O TIMMAYYA BANDIWADDAR,
AGE: 33 YEARS, OCC: KMFC PACKING WORK,
R/O BILAD VILLAGE, TQ. J EWARGI,
DIST. KALABURAIG-585 310
...PETITIONER
(BY SRI. MAHANTESH H. DESAI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH WADI RAILWAY P.S.,
TQ. CHITTAPUR, DIST. KALABURAGI,
REPRESENTED BY ADDL. S.P.P.,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 104.
...RESPONDENT
(BY SRI. GURURAJ V. HASILKAR, HCGP)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C BY THE
ADVOCATE FOR THE PETITIONER, PRAYING TO RELEASE
THE ACCUSED/PETITIONER ON BAIL IN CRIME NO.62/2021 OF
WADI RAILWAY POLICE STATION, FOR THE OFFENCES
PUNISHABLE U/SEC.364, 302, 201 R/W SEC.34 OF IPC,
PENDING BEFORE THE ADDL. CIVIL JUDGE (JR. DN.) JMFC
COURT, SHAHABAD, GULBARGA DIST.
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NC: 2023:KHC-K:880
CRL.P No. 200250 of 2023
C/W CRL.P No. 200464 of 2023
THESE PETITIONS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Since these petitions arise out of the very same crime, they are taken up together and disposed of by this common order.
2. Petitioners-accused Nos.1 to 3 have been charge sheeted for the offences punishable under Sections 364, 302, 201 R/w Section 34 of IPC.
3. The case of the prosecution is that, on 10.07.2021, the petitioners-accused Nos.1 to 3 came to Nedalgi village in a car and enquired with CWs.3 and 23 with regard to the whereabouts of deceased Channabasappa, and they informed that he went to Jeeratagi village and accordingly, accused went to Jeeratagi village and forcibly took the deceased in a car and after forcibly making him to consume alcohol, accused No.2 tied his belt around the neck of the deceased and placed his body on a railway track situated at Martur- -4-
NC: 2023:KHC-K:880 CRL.P No. 200250 of 2023 C/W CRL.P No. 200464 of 2023 Hirenandur Railway Track and threw a stone on his head and committed the murder.
4. Heard the learned counsel for the petitioners- accused Nos.1 to 3 and the learned High Court Government Pleader for the respondent-State.
5. The FIR was lodged by the wife of the deceased suspecting that her husband has murdered by accused No.1-Laxman, since there was money transaction between the deceased and Laxman. The police during the course of investigation, recorded the statement of the wife of the deceased i.e., after 8 days from the incident, wherein she stated that three unknown persons came in a car and abducted the deceased. The petitioners-accused Nos.1 to 3 herein have been implicated on the basis of the statement of CW.25, who is alleged to have seen the deceased along with the accused on the date of incident. The police after apprehending the accused, recoded the confession statement and based on the confession statement and also the last scene theory, charge sheeted -5- NC: 2023:KHC-K:880 CRL.P No. 200250 of 2023 C/W CRL.P No. 200464 of 2023 the petitioners-accused Nos.1 to 3 for the aforesaid offences. The entire case of the prosecution revolves upon circumstantial evidence, and the circumstances have to be proved at the time of trial. The petitioners are in judicial custody for nearly two years and the prolonged pre-detention trial would be an anathema to the concept of liberty as enshrined under Article 21 of the Constitution of India. Hence, I pass the following:
ORDER Both the criminal petitions are allowed. The petitioners-accused Nos.1 to 3 are enlarged on bail in S.C. No.201/2021 pending on the file of IV Addl. District and Sessions Judge, Kalaburagi, arising out of Crime No.62/2021 registered by the Wadi Railway Police Station for the offences punishable under Sections 364, 302, 201 R/w Section 34 of IPC, subject to the following conditions:
(a) The petitioners-accused Nos.1 to 3 shall furnish their personal bonds for a sum of Rs.1,00,000/- -6-
NC: 2023:KHC-K:880 CRL.P No. 200250 of 2023 C/W CRL.P No. 200464 of 2023 (Rupees one lakh only) with one surety each for the likesum to the satisfaction of the jurisdictional Court.
(b) They shall appear before the Court as and when required.
(c) They shall not threaten or allure the prosecution witnesses in whatsoever manner.
(d) They shall not get involved in similar offences.
(e) They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.
Sd/-
JUDGE LG List No.: 1 Sl No.: 11