Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 13765 OF 2024 (439(Cr.PC) / 483(BNSS)) BETWEEN: SRI. MALAVAIAH S/O LATE DODDONU, AGED ABOUT 45 YEARS, R/AT HUCHAIAHNANNADODDI, KASABA HOBLI, CHENNAPATTANA TALUK, RAMANAGAR DISTRICT-562 160. …PETITIONER (BY SRI. NAGENDRA T., ADVOCATE) AND: STATE OF KARNATAKA BY CHANNAPATTANA RURAL Digitally POLICE STATION, signed by
LAKSHMI T CHANAPATTANA TALUK, Location: REPTD. BY INSPECTOR RURAL POLICE, High Court CHANNAPATNA-562 160,of Karnataka
RAMANAGAR DISTRICT. REPTD BY: SR. PUBLIC PROSECUTOR. …RESPONDENT (BY MS. ASMA KOUSER, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT REGULAR BAIL TO PETITIONER AND TO ENLARGE THE PETITIONER IN CR.NO.53/2024 REGISTERED BY THE RESPONDENT POLICE, FOR THE OFFENCE PUNISHABLE UNDER SECTION 302, 307 OF I.P.C. SINCE THE PETITIONER IS IN JUDICIAL CUSTODY ARRAYED AS ACCUSED PENDING ON THE -2-
FILE OF III ADDL. DIST. AND SESSIONS JUDGE, RAMANAGAR IN S.C.NO.62/2024. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner has preferred this petition seeking to enlarge him on bail in Cr.No.53/2024 of Channapatna Rural Police Station, Ramanagara, registered for offence punishable under Section 302 and 307 of IPC.
2. Heard the learned counsel for petitioner, learned Addl. SPP for the State and perused the material on record.
3. Brief facts of the prosecution case are that, first informant’s relative by name Malavamma W/o late Gundaiah died on 8.3.2024 at about 7.00 am. After the cremation of dead body, at about 5.30 pm when the accused and deceased Rajesh were talking, a verbal quarrel took place between them. At about 6.15 pm., when Rajesh was talking to his wife Smt.Lakshmi, first -3-
informant, accused came to the spot armed with a knife and all of a sudden pushed Rajesh, who fell on the firewood and stabbed him on his chest, chin, neck etc. On account of which, he sustained severe bleeding injuries. When CW2-Smt. Byalamma tried to intervene, the accused assaulted her and inflicted injuries to her right thumb and fled away.
4. It is contended by the learned counsel, that the petitioner is innocent and he has not committed any
offence as alleged by the prosecution. Even according to prosecution, there was a quarrel between the deceased and accused and in the said quarrel, petitioner pushed the deceased, due to which, he fell on the heap of firewood and sustained injuries. He contended that as per CW2, only after hearing her scream, alleged eye witnesses came to the spot and therefore, they could not have witnessed the incident. Further, contended that CW2 has sustained some minor injuries to her right thumb and therefore, it cannot be said that the accused had attempted on her life. -4- He submitted that the petitioner is suffering from epilepsy, now the investigation is completed and the charge sheet is filed, petitioner is in judicial custody from 9.3.2024 for nearly 1 year and therefore, he may be enlarged on bail by imposing conditions.
5. Per contra, learned Addl. SPP has contended
that CWs.1, 2, 15 to 23 are the eye witnesses and they have clearly stated that this petitioner has stabbed the deceased on his chest and other parts of the body. Injuries in the post mortem report corroborates the statements of the eye witnesses. CW2 is an injured witness and therefore, her presence at the spot cannot be doubted. Blood stained knife, full sleeves shirt and pant of the petitioner are seized and therefore, there is a prima facie case against the petitioner. She contended that in view of the nature and gravity of the offence committed, the petitioner is not entitled for bail and in the event of his release, he may tamper with the prosecution witnesses and flee from justice. -5-
6. The incident took place on 8.3.2024 at about
6.15 pm. In the complaint lodged by CW.1-Smt.Lakshmi, wife of the deceased, she has narrated as to how the incident took place. The complaint averments reveal that there was a verbal quarrel between the deceased and accused prior to the incident and thereafter at about 6.15 pm, the accused came armed with a knife and all of a sudden pushed the deceased and stabbed him on his chest etc. and caused injury to CW2 who tried to intervene.
7. As per post mortem report, the following external injuries are noticed:
(i) Obliquely placed muscle deep stab
wound measuring 03x0.5cm noted over left angle of mouth situated 03cm below left ear and 10cm from midline. Margins are clean cut, upper end is U shape and lower end is V shape.
(ii) Vertically placed cavity deep stab
wound measuring 05x0.5cm noted over front of chest on left side situated 20cms from top of left shoulder and 15cms from midline, lower end is V shaped and upper end merges with lateral end of -6- horizontally placed stab wound measuring 3x0.5cmsxcavity deep which is situated 1cm to the left of left nipple, margins are clean cut, medial end is V shaped. Cause of death is on account of shock and hemorrhage due to injuries sustained to face and chest.
8. The contention of the learned counsel for the
petitioner that the deceased sustained injures on account of a fall, when he fell on the heap of firewood stored etc., cannot be accepted in view of the statements of the eye witnesses. Particularly, there is no reason to disbelieve the statement of CW.2 at this stage. As per CW.2, when she screamed, one Pramod (CW.17), Santhosh (CW.18), Manu (CW.23) and others came and rescued her. However, she has stated that when the incident took place santhosh, Channappa, Beeresh, Raju and Prakash were at the spot. They are cited as CWs.18, 19, 20, 21 and 22. -7-
9. The material on record would reveal that after
the quarrel took place between the deceased and accused, at about 5.30 pm on 8.3.2024, with a vengeance, the accused returned at about 6.15 pm holding a knife, picked up quarrel with the deceased and stabbed him on his vital parts of the body. Blood stained knife and clothes of the accused are seized at his instance. There is a prima facie case against the petitioner for having committed an offence punishable with death or imprisonment for life. In the facts and circumstances of the case, this is not a fit case to enlarge the petitioner on bail. The petition is dismissed. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 29 Ct:ar