Karnataka High Court
Sri Kantharaju B K @ Kantha vs State Of Karnataka on 16 January, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:1870
CRL.P No. 10714 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 10714 OF 2023
BETWEEN:
SRI. KANTHARAJU B.K @ KANTHA,
S/O SRI. KEMMARAIAH,
AGED ABOUT 28 YEARS,
R/AT BYALALU VILLAGE,
TAVAREKERE HOBLI,
BENGALURU SOUTH TALUK - 562 130.
...PETITIONER
(BY SMT. N. ROOPA, ADVOCATE FOR
SRI. N. SRIDHAR, ADVOCATE)
AND:
STATE OF KARNATAKA
BY TAVAREKERE POLICE,
Digitally signed
by SUCHITRA REPRESENTED BY STATE PUBLIC PROSECUTOR,
MJ HIGH COURT OF KARNATAKA,
Location: High
Court of BENGALURU - 560 001.
Karnataka
...RESPONDENT
(BY SRI. RAJAT SUBRAMANYA, HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN S.C.NO.85/2023
PENDING BEFORE THE III ADDITIONAL DISTRICT AND
SESSIONS JUDGE AT RAMANAGARA FILED BY TAVAREKERE
POLICE STATION IN CR.NO.145/2023 FOR THE OFFENCE
P/U/S.323, 504, 302 OF IPC.
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NC: 2024:KHC:1870
CRL.P No. 10714 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail. The petitioner is the sole accused in Crime No.145/2023 of Tavarekere Police Station, registered for the offence punishable under Section 376 and 302 of IPC.
2. On completion of investigation, charge sheet has been filed for the offence punishable under Section 323, 504 and 302 of IPC. Section 376 of IPC has been omitted while submitting the charge sheet.
3. Heard both the sides and perused the material on record.
4. The case of the prosecution is that, deceased, Shwetha and the accused were friends. The accused was telling in the village that he will marry Shwetha. However, she was avoiding the accused. Hence, on 21.04.2023 at about 07:00 pm., accused went near her house and -3- NC: 2024:KHC:1870 CRL.P No. 10714 of 2023 dragged her to the backyard and scolded her. On 22.04.2023 at about 09:30 p.m., when CW-2 - mother of the deceased, questioned the accused as to what he has done to her daughter, as she was looking dull, the accused abused CW-2 and slapped the deceased, pushed her into the gutter and kicked her. He held her head and hit to the stone slab in the gutter.
5. The victim who was seriously injured was shifted to Sanjeevini hospital in Ramohalli by CW.1 and CW.13. However, she succumbed to the injuries without responding to the treatment at about 08:45 am on 24.04.2023.
6. It is vehemently contended by the learned counsel for the petitioner that the entire allegations against the petitioner are false and he is innocent of the offence alleged against him. She has contended that though the incident is alleged to have taken place on 22.04.2023, no complaint was lodged immediately. She further contends that according to the FIR, there was an -4- NC: 2024:KHC:1870 CRL.P No. 10714 of 2023 incident which took place on 21.04.2023 at about 07:00 p.m., wherein it is alleged that the petitioner has committed rape on the victim. She has contended that even with regard to the said incident, no complaint was lodged, though the police station is situated just about 5kms away. She therefore contended that the entire allegations against the petitioner are false. She further contended that according to the prosecution, victim was admitted to the hospital at about 12:00 pm on 23.04.2023, but as per the hospital ledger the time of admission is shown as 12:40 pm, on 23.04.2023. She contends that no MLC intimation was sent by the hospital authority to the jurisdiction of Police and till the victim breathed her last no case was registered against the accused. It is her further contention that according to the prosecution, the accused with an intention to commit the murder caused injuries to the deceased on her head, but no such head injury is noticed, on the other hand, cause of death is due to shock and hemorrhage as a result of the injuries to the abdomen. She contends that, now the -5- NC: 2024:KHC:1870 CRL.P No. 10714 of 2023 charge sheet is already filed and the petitioner is not required for further interrogation. Accordingly, seeks to allow the petition.
7. Prayer for bail has been vehemently opposed by the learned High Court Government Pleader contending that there are eye witnesses to the incident and they have categorically stated that this petitioner has assaulted the deceased and caused injuries to her head etc. He contends that there is a prima-facie case against the petitioner and therefore, if the petitioner is released on bail, he may tamper with the prosecution witnesses and hamper the case of the prosecution. Hence, he prays to dismiss the petition.
8. The first informant-CW.1 is the brother of the deceased. In the complaint lodged by him, it is alleged that the petitioner was his sister's friend. On 21.04.2023 at about 07:00 p.m., he came near the house and started dragging his sister holding her hand and committed sexual assault on her. Then he fled away and returned at about -6- NC: 2024:KHC:1870 CRL.P No. 10714 of 2023 09:00 p.m. on the next day. When deceased and her mother questioned him, he slapped the deceased and pushed her into the gutter and kicked her. Then he held and hit her head to the stone in the gutter. The villagers intervened and pacified the quarrel. The victim was then shifted to Sanjeevini hospital, Ramohalli but she died on 24.04.2023 at about 08:45 pm.
9. According to post mortem report, cause of death is due to shock and hemorrhage as a result of abdominal injuries sustained. There are about 10 injuries on the dead body including sutured wound measuring 4 cms in length with 5 sutures insitu noted over forehead on the right side above the right eye brow. Hence, the contention of the learned counsel for petitioner that 'there is no injury on the head' cannot be accepted at this stage. Merely because no complaint was lodged immediately after the incident, that itself is not a ground to doubt the prosecution case. According to the prosecution, Victim was admitted to the hospital on 23.04.2023 at around -7- NC: 2024:KHC:1870 CRL.P No. 10714 of 2023 12:00 p.m. As per the history furnished the assault was by Kanthraju i.e., the accused, to the abdomen and head on 22.04.2023 at about 09:30 p.m.,. MLC intimation was sent to the police at about 02:12 pm., on 24.04.2023 itself.
10. CW.2 to CW.8 are the eye witnesses to the incident. A perusal of their statements clearly show that it is the petitioner who has inflicted injuries to the victim. There is a prima-facie case against the petitioner. Hence, this is not a fit case to enlarge the petitioner on bail.
11. Petition is dismissed.
Sd/-
JUDGE LDC List No.: 1 Sl No.: 35 CT: BHK