Kiran vs State By Karnataka By
2023 Latest Caselaw 6879 Kant

Citation : 2023 Latest Caselaw 6879 Kant
Judgement Date : 29 September, 2023

Karnataka High Court

Kiran vs State By Karnataka By on 29 September, 2023

Bench: K.Natarajan

                                                    -1-
                                                                 NC: 2023:KHC:35411
                                                             CRL.P No. 9318 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 29TH DAY OF SEPTEMBER, 2023

                                                BEFORE
                                 THE HON'BLE MR JUSTICE K.NATARAJAN
                                 CRIMINAL PETITION NO. 9318 OF 2023


                      BETWEEN:

                      1.   KIRAN
                           S/O LATE RAMEGOWDA
                           AGED ABOUT 29 YEARS
                           R/AT D.NO.501, BHYRAPPA COMPLEX
                           1ST CROSS,
                           INFRONT OF SBI MAIN ROAD,
                           HEBBAL 1ST STAGE,
                           MYSURU CITY - 570014
                                                                       ...PETITIONER
                      (BY SRI. KUMARA K G., ADVOCATE)
                      AND:

                      1.   STATE BY KARNATAKA BY
                           HEBBAL POLICE STATION
                           MYSURU - 570015
                           REPRESENTED BY
                           STATE PUBLIC PROSECUTOR
Digitally signed by        HIGH COURT BUILDING
BHAVANI BAI G
Location: High             BANGALORE- 560001
Court of Karnataka
                                                                      ...RESPONDENT
                      (BY SMT K.P.YASHODHA, HCGP)

                            THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
                      CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT
                      THIS HONBLE COURT MAY BE PLEASED TO ENLARGE THE
                      PETITIONER ON BAIL IN CR.NO.43/2020 REGISTERED BY HEBBAL
                      POLICE STATION, MYSURU FOR THE OFFENCES PUNISHABLE UNDER
                      SECTIONS 302, 323, 120B, 114, 504, 506-II READ WITH SECTION
                      34 OF IPC, PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND
                      SESSIONS JUDGE, MYSURU IN S.C.NO.166/2020.

                           THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                              -2-
                                           NC: 2023:KHC:35411
                                      CRL.P No. 9318 of 2023




                           ORDER

This successive bail petition is filed by the petitioner-

accused No.1 under Section 439 of Cr.P.C. for granting bail in

Crime No.43/2020 registered by the Hebbal Police Station,

Mysuru and charge-sheeted for the offence punishable under

Sections 302, 323, 114, 120B, 504 and 506(2) read with

Section 34 of IPC.

2. Heard the arguments of learned counsel for the

petitioner and learned High Court Government Pleader for the

respondent -State.

3. The case of the prosecution is that on the complaint

of the father of the deceased one Nagendra, the Police

registered FIR on 22.07.2020 and it was alleged that his son

Darshan who is an Auto driver left home on 21.07.2020, but

did not return back and later, it was found that he was

sustained injuries and got admitted to the hospital by the

Police. Thereafter, he found his son was dead and a case was

registered against the unknown persons. The petitioner was

arrested on 28.07.2020 and was remanded to the Judicial

custody. His earlier bail petition came to be dismissed on

NC: 2023:KHC:35411 CRL.P No. 9318 of 2023

20.07.2021 and now the petitioner is before this Court once

again on the additional grounds.

4. The learned counsel for the petitioner has

contended that the petitioner is in custody for more than three

years. Now the Trial is under progress. More than 19 witnesses

have been examined and all of them have turned hostile.

Except few of the official witness, remaining witnesses have not

supported the prosecution case. Hence, prayed for allowing the

petition.

5. Learned High Court Government Pleader orally

objects the same.

6. Perused the previous order of this Court as well as

the deposition filed by the learned counsel for the petitioner

wherein, most of the circumstantial witnesses have been turned

hostile. The prosecution have already been examined 19

witnesses. The learned counsel for the petitioner also submits

that the prosecution examined up to CW.54 and some of the

witnesses are already dropped by the prosecutor. Considering

the facts and circumstances of the case, keeping the petitioner

in custody will not serve any purpose except for passing the

NC: 2023:KHC:35411 CRL.P No. 9318 of 2023

judgment by the Trial Court after recording the statement

under Section 313 of Cr.P.C. The petitioner is already in judicial

custody for more than 3 years. Therefore, without expressing

any opinion regarding the merits of the case, by imposing

certain conditions, if bail is granted, no prejudice would be

caused to the case of the prosecution. Hence, the following

ORDER

Accordingly, criminal petition is allowed.

The Trial Court is directed to release the petitioner-

accused No.1 on bail in S.C.No.166/2020 (Crime No.43/2020

registered by the Hebbal Police Station, Mysuru) for the

offences punishable under Sections 302, 323, 114, 120B, 504

and 506(2) read with Section 34 of IPC, subject to the following

conditions:

(i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the trial Court;