Karnataka High Court
Udaya Kumar @ Udaya @ Udi vs The State By on 6 November, 2023
Bench: S Vishwajith Shetty
-1-
NC: 2023:KHC:39470
CRL.P No. 10366 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 10366 OF 2023
BETWEEN:
UDAYA KUMAR @ UDAYA @ UDI
S/O KRISHNE GOWDA
AGED ABOUT 24 YEARS
R/O NEAR BASAVESHWARA
TEMPLE, DANAYAKANAPURA
VILLAGE, MANDYA TALUK AND
MANDYA DISTRICT - 571 419.
...PETITIONER
(BY SRI M. PARTHA, ADV.)
AND:
THE STATE BY
TUMAKUR TOWN POLICE
REP BY HCGP
BANGALORE - 560 001.
...RESPONDENT
Digitally signed
by NANDINI (BY SRI JAIRAM SIDDI, HCGP)
MS
Location: HIGH
COURT OF THIS CRL.P FILED U/S 439 CR.PC PRAYING TO ENLARGE HIM
KARNATAKA ON BAIL IN S.C.NO.20/2023 ARISING OUT OF CR.NO.220/2022 OF
TUMAKURU TOWN POLICE, FOR THE ALLEGED OFFENCE P/U/S 302,
504, 506 R/W SEC. 34 OF IPC, PENDING ON THE FILE OF VI ADDL.
DISTRICT AND SESSIONS JUDGE, TUMAKURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
-2-
NC: 2023:KHC:39470
CRL.P No. 10366 of 2023
ORDER
Accused No.2 in S.C.No.20/2023 pending on the file of
Principal District and Sessions Judge, Tumakuru, arising out of
crime no.220/2022 registered by Tumakuru Town Police
Station, for the offence punishable under Sections 302, 504,
506 read with Section 34 of Indian Penal Code (for short
hereinafter referred to as 'IPC') is before this Court under
Section 439 of Cr.P.C. seeking regular bail.
2. Heard the learned counsel appearing for the
petitioner and learned High Court Government Pleader for
respondent - State.
3. Facts leading to the filing of this petition narrated
briefly are:
On the basis of the complaint lodged by Smt.Amrin
Sultana dated 07.10.2022, FIR in crime no.220/2022 was
registered by Tumakuru Town Police, Tumakuru against
unknown persons for the offence punishable under Sections
302, 504, 506 read with Section 34 of IPC. The complainant is
the wife of one Mubarak. On 06.10.2022, Mubarak had
returned to his house from his shop at about 09:00 p.m. and
NC: 2023:KHC:39470
CRL.P No. 10366 of 2023
had again gone out for repair of his mobile phone at about
10:30 p.m. However, he had not returned to his house. At
about 05:50 a.m., on 07.10.2022 complainant was informed
that her husband Mubarak was murdered by somebody.
Immediately she went to the spot and identified the body of her
husband. On enquiry she was informed that during the
intervening night of 06.10.2022 and 07.10.2022 some persons
had quarreled with her husband Mubarak and thereafter
assaulted him with hands and wicket and had caused his death.
During the course of investigation, petitioner was arrested on
09.10.2022. Investigation in the case is complete and charge
sheet has been filed as against six accused persons and the
petitioner is arrayed as accused no.2 in the charge sheet.
Accused no.3 is juvenile accused.
4. The bail application filed by the petitioner under
Section 439 of Criminal Procedure before the VI Additional
District and Sessions Judge, Tumakuru in
Crl.Misc.No.1020/2023 was dismissed on 28.07.2023. It is
under these circumstances, the petitioner is before this Court
seeking regular bail.
NC: 2023:KHC:39470
CRL.P No. 10366 of 2023
5. Learned counsel appearing for the petitioner
submits that accused no.1, 4 to 16 have been granted regular
bail by this Court in Crl.P.No.6469/2023 and
Crl.P.No.2581/2023. Accused no.3 who is juvenile was tried for
the alleged offences and he has been acquitted by the
judgment and order dated 14.09.2023. He submits that though
the allegation in the charge sheet is that the petitioner has
assaulted the deceased with a plastic pipe on his forehead and
neck, none of the charge sheet witnesses have made any
submission to the said effect. Accordingly, prays to grant bail to
the petitioner.
6. Per contra, learned High Court Government Pleader
has opposed the bail petition. However, does not dispute the
submission made by the Learned counsel for the petitioner.
7. I have carefully considered the rival arguments of
the learned counsel for both sides and also perused the
material on record.
8. FIR in the present case was initially registered
against unknown persons. During the course of investigation,
the petitioner and other accused persons were arrested and
charge sheet was filed as against six persons and accused no.3
NC: 2023:KHC:39470
CRL.P No. 10366 of 2023
in the charge sheet is juvenile justice. In the trial that was held
against juvenile accused by Juvenile Justice Board in
J.C.No.4/2023, he has been acquitted for the alleged offences.
Accused no.1 has been granted regular bail by this Court in
Crl.P.No.6469/2023 which was disposed of on 30.08.2023.
Accused nos.4 to 6 have been granted regular bail by this Court
in Crl.P.No.2581/2023 which was disposed of on 24.05.2023.
The allegation against the petitioner in the charge sheet is that
he had assaulted the deceased with a plastic pipe on his
forehead and neck.
9. The submission made by Learned counsel for the
petitioner that none of the charge sheet witnesses have stated
that the petitioner has assaulted the deceased with a plastic
pipe on his forehead and neck has not been seriously disputed
by learned HCGP. The petitioner is in custody from 09.10.2022.
Investigation in the case is complete and charge sheet is filed.
Under these circumstances, I am of the view that the petitioner
is entitled for grant of regular bail.
10. Accordingly, I pass the following:
::ORDER::
NC: 2023:KHC:39470
CRL.P No. 10366 of 2023
The Criminal Petition is allowed.
The petitioner is directed to be released on bail in respect
of Crime No.220/2022 registered by Tumakuru Town Police
Station, Tumakuru for the offences punishable under Sections
302, 504, 506 read with Section 34 of IPC, subject to the
following conditions:-
a) Petitioner shall execute personal bond for a
sum of Rs.1,00,000/- (Rupees One lakh only)
with two sureties for the likesum, to the
satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the
dates of hearing before the Trial Court unless
the Trial Court exempts his appearance for
valid reasons;
c) The petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
d) The petitioner shall not involve in similar
offences in future;
NC: 2023:KHC:39470
CRL.P No. 10366 of 2023
e) The petitioner 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
NMS
