Karnataka High Court
Sri. Patrik Benu vs The State Of Karnataka on 9 October, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:36482
CRL.A No. 814 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 814 OF 2023
BETWEEN:
SRI. PATRIK BENU,
S/O AROKAYADA,
AGED ABOUT 35 YEAR,
R/AT NO.18, B STREET,
BYADARAHALLI,
BENSON TOWEN,
BENGALURU-560 046.
...APPELLANT
(BY SRI. M R. NANJUNDA GOWDA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY D.J. HALLI POLICE, BENGALURU
REPRESENTED BY STATET PUBLIC PROSECUTOR,
BENGALURU-560 001.
Digitally signed by
2. SRI.SHIVAKUMAR,
LAKSHMINARAYANA S/O JAYARAJ,
MURTHY RAJASHRI
Location: HIGH
AGED ABOUT 27 YEARS,
COURT OF R/AT NO.106, 6TH CROSS,
KARNATAKA
SAMATHANA NAGAR, K.G. HALLI,
BENGALURU-560 045.
...RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 27.05.2022 IN
SPL.C.NO.1697/2021 ON THE FILE OF HONBLE LXX
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CRL.A No. 814 of 2023
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE AT BENGALURU (CCH-71) AND ALLOW THE APPEAL AND
RELEASE THE APPELLANT ON REGULAR BAIL FOR THE
OFFENCE P/U/S 307, 302, 109, 120(b), 201 R/W 149 OF IPC
AND SEC.25(1b)(B) OF ARMS ACT AND SEC.3(2)(v)(va) OF
SC/ST (POA) ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant/accused No.4
praying to set aside the order dated 27.05.2022 passed in
Spl.Case No.1697/2021 by the LXX Additional City Civil
and Sessions Judge and Special Judge, Bengaluru (CCH-
71), whereunder the bail petition of the appellant/accused
No.4 sought in respect of crime No.177/2021 of
Devarajeevanahalli Police Station for the offences
punishable under Sections 307, 302, 120(B), 109, 201 r/w
Section 149 of Indian Penal Code, Section 25(1B)(B) of
Arms Act and Section 3(2)(v)(v-a) of Scheduled Castes
and Scheduled Tribes (Prevention of Atrocities) Act,1989
came to be rejected.
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CRL.A No. 814 of 2023
2. Heard the arguments of learned counsel for the
appellant/accused No.4 and learned HCGP for respondent
No.1-State. Inspite of service of notice to respondent No.2
remained absent and unrepresented.
3. The case of prosecution is that respondent No.2
has filed complaint stating that his brother Krishnamurthy
@ Kutti was residing with his second wife Smt. Rooth and
two children and his first wife Smt. Selvi was residing in
her mother's house along with her two sons. The
deceased Krishnamurthy @ Kutti had married Smt. Rooth
who lost her husband and their marriage is love marriage
which took place about 10 years ago. It is further stated
that about one month ago, the said Rooth quarreled with
deceased Krishnamurthy @ Kutti and went along with her
son to her parents house. About two weeks ago, the said
Rooth came to the house of deceased Krishnamurthy @
Kutti when nobody was there in the house and took away
the golden ornaments, cash and documents and also gave
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CRL.A No. 814 of 2023
life threat to the deceased Krishnamurthy @ Kutti over
phone.
4. It is further stated that on 02.07.2021 at about
10.30 p.m., when the complainant was near his house,
some boys came and told him that deceased Krishna
Murthy @ Kutti was assaulted in front of Ambedkar
Hospital and he went there along with his uncle's son
Manivelu and there, he saw blood stains on the side of
road divider and somebody told him that the injured was
taken to the hospital and he went to Ambedkar Hospital
and saw his brother who succumbed to the multiple
injuries on his neck, head, chest, hands and came to know
that deceased Krishnamurthy @ Kutti died on the way to
hospital and also came to know that his sister's son
Nagaraj who was with deceased Krishnamurthy @ Kutti
has also sustained injuries and who is taken to some other
hospital for further treatment. He suspected the
involvement of Smt. Rooth, the second wife in commission
of murder of his brother. The said complaint came to be
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registered in crime No.177/2021 at Devarajeevanahalli
Police Station for the offences under Sections 302, 307
read with Section 34 of Indian Penal Code and Section
25(1B)(B) of Arms Act against Smt. Rooth and others. This
appellant/accused No.4 came to be arrested on
07.07.2021 and he is in judicial custody. The
appellant/accused No.4 filed bail application and same
came to be rejected by the impugned order dated
27.05.2022 which is challenged in this appeal.
5. Learned counsel for the appellant/accused No.4
would contend that the name of this appellant/accused
No.4 is not stated in the complaint/F.I.R. In the
statement of CW-2 recorded on 06.07.202, he is not
stated the name of this appellant/accused No.4 and his
further statement recorded on 25.07.2021, he stated the
name of this appellant/accused No.4. There is delay in
recording the further statement of CW-2. CW-5 has not
stated the name and physical features of assailants who
assaulted the deceased. CW-5 has not identified this
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appellant/accused No.4 in test identification parade. There
is joint recovery at the instance of accused Nos. 4 and 5
namely the dragger, machete and knives under mahazar
and it is bad under law. It is further submitted that even
though CW-2 has identified this appellant/accused No.4 in
test identification parade and it is conducted after more
than two months of the arrest of this appellant/accused
No.4 and loses the credibility. Accused No.3 has been
granted bail by the Trial Court. Therefore, this
appellant/accused No.4 is entitled for bail on the ground of
parity. The father of the appellant/accused No.4 is
suffering from diseases and presence of this
appellant/accused No.4 required for taking care of his
father. With this, he prayed to allow the appeal and grant
bail to the appellant/accused No.4.
6. Per contra learned High Court Government
Pleader would contend that this appellant/accused No.4
and accused Nos.7 and 8 assaulted the deceased with
deadly weapons when he came out of the carom club and
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CRL.A No. 814 of 2023
caused injuries. CW-2 and 5 are eye witnesses to the
incident. CW-2 has specifically identified this
appellant/accused No.4 in test identification parade. There
is recovery of machete, dragger and two knives at the
instance of this appellant/accused No.4 and accused No. 5
under mahazar. The post mortem report shows 27 injuries
on the body of the deceased and his death is due to
multiple injuries sustained. CW-2 is also injured in the
incident and he has sustained two grievous injuries. This
Court has rejected the appeal preferred by the accused
No.5 against rejection of his bail petition and the Co-
ordinate Bench of this Court has rejected appeal preferred
by the accused Nos.7 and 8 challenging the bail rejection
in Crl.A.No.1893/2022. There is prima-facie case against
of this appellant/accused No.4 and other accused persons.
With this, he prayed for dismissal of the appeal.
7. Having heard arguments of learned counsel for
the appellant/accused No.4 and learned High Court
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Government Pleader, this Court has gone through the
impugned order and charge sheet materials.
8. Accused No.2 -Smt. Rooth is the second wife of
deceased Krishnamurthy @ Kutti. She has quarreled with
deceased Krishnamurthy @ Kutti and resided separately
with her son and she had enmity with deceased
Krishnamurthy @ Kutti. Accused No.2-Smt. Rooth came in
contact with accused No.1 who was in jail and with the
help of accused No.3 and accused Nos.4 to 8 conspired to
kill deceased Krishnamurthy @ Kutti. As per the charge
sheet material, on 02.07.2021 at night between 9.30-
10.30 p.m., when deceased Krishnamurthy @ Kutti and
CW-2 were playing carom in Ruby Carom Club, at that
time, accused Nos.5 and 6 went inside the said club and
assaulted deceased Krishnamurthy @ Kutti with chopper
and dagger and caused injuries and at that time, CW-2
went to rescue to whom accused Nos.5 and 6 assaulted
and caused injuries. At that time, deceased Krishnamurthy
@ Kutti came out to escape from accused Nos.5 and 6 and
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again at that time accused Nos.4, 7 and 8 who were out
side of the carom club, assaulted deceased with chopper,
knife, dagger along with accused Nos. 5 and 6 and caused
sever injuries.
9. CW-2 is also injured in the incident and he has
sustained two grievous injuries. CW-2 in his statement
recorded on 06.07.2021 has specifically stated the
overtacts of this appellant/accused No.4 and accused
Nos.5 to 8. CW-2 has identified this appellant/accused
No.4 in test identification parade.
10. The post mortem report of the deceased
Krishnamurthy @ Kutti reveals that he has sustained 27
injuries and cause of death is opined to be due to shock
and hemorrhage as a result of multiple injuries sustained.
The appellant/accused No.4 is not entitled for grant of bail
on the ground parity, since accused No.3 to whom the
Trial Court has granted bail has not accused of any
overtacts of assault and accusation against him is
conspiracy. The accused Nos.7 and 8 are similarly placed
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that of this appellant/accused No.4 and their appeal
challenging rejection of their bail application has been
rejected by this Court in Crl.A.No.1893/2022.
11. The offences alleged against this
appellant/accused No.4 are heinous in nature. Considering
the prima facie case, threat to the prosecution witnesses,
the trial Court has rightly rejected his bail application.
There are no grounds made out to set aside the impugned
order and grant of bail. Hence, the appeal is dismissed.
Sd/-
JUDGE
DSP
