Karnataka High Court
B D Murali vs The State Of Karnataka on 22 February, 2024
-1-
NC: 2024:KHC:7566
CRL.P No.1243/2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.1243/2024
BETWEEN:
B D MURULI
S/O DEVARAJU B R
AGED ABOUT 32 YEARS
R/AT BASAVESHWARA TEMPLE ROAD
SOMWARPET TALUK
KODAGU DISTRICT - 571 236 ...PETITIONER
(BY SRI.LETHIF B, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY SOMWARPET POLICE STATION
KODAGU DISTRICT
REP. BY SPP HIGH COURT BUILDING
BANGALORE - 560 001 ...RESPONDENT
(BY SMT.SOWMYA R, HCGP)
Digitally
signed by K S THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
RENUKAMBA CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
Location: High CR.NO.129/2019 (S.C.NO.7/2020) OF SOMWARPET POLICE
Court of STATION, KODAGU DISTRICT FOR THE OFFENCES PUNISHABLE
Karnataka
UNDER SECTIONS 120B, 302, 201, 34 OF IPC, ON THE FILE OF THE
PRL. SESSIONS JUDGE, KODAGU AT MADIKERI.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This is the fourth successive bail petition of accused No.1
in SC No.7/2020 on the file of Prl. District and Sessions Judge,
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Kodagu. Accused Nos.1 and 2 are tried in the said case for the
offences punishable under Sections 120B, 302, 201 read with
Section 34 of IPC.
2. The charge was that accused Nos.1 and 2 were in
an illicit relationship with each other, therefore, to eliminate
Suresh the husband of accused No.2, they conspired to commit
his murder. It was further alleged that in execution of such
conspiracy, petitioner/accused No.1 sent Pottasium Cyanide in
the disguise of Prasad through courier to the house of victim
and accused No.2 knowing fully well that the same is Pottasium
Cyanide offered that to the victim and on consuming the same,
he died.
3. Earlier three petitions of the petitioner have been
dismissed considering the merits of the case. The petitioner
can seek bail only if there are any changed circumstances. Two
changed circumstances the petitioner is urging are that the eye
witnesses have not supported the prosecution case and that the
trial is being delayed though the petitioner is in judicial custody
since four and half years.
4. The records produced by the petitioner himself
show that out of 60 witnesses the prosecution has examined 18
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witnesses. Out of them the further examination of PW.3 was
deferred for want of some documents and he is not secured.
The witnesses who allegedly turned hostile are the neighbours
and son of accused No.2. Accused No.2 is on bail. Moreover
those witnesses speak about the overt acts of accused No.2
and not the present petitioner. PWs.3 and 5 the persons who
sold Pottasium cyanide to the petitioner and the courier boy
have spoken about some overt acts of the petitioner.
5. Learned counsel for the petitioner relied on the
following order of the Hon'ble Supreme Court and Coordinate
bench of this Court to claim that the accused is in custody for
long time, therefore, he shall be granted bail:
i) Rabi Prakash vs. State of Odisha1
ii) Mr.Mohammad Ansar & another vs. State of Karnataka2
6. First of all no ratio is laid down in the said orders.
Secondly they are not applicable to the facts of the present
case. Thirdly the Hon'ble Supreme Court in the judgment in
Anil Kumar Yadav vs. State (NCT of Delhi) and another3 has held
that in the cases involving heinous offences like murder in
2023 SCC Online SC 1109
Crl.P.No.10343/2023 DD 19.12.2023
(2018)12 SCC 129
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considering the bail application period of incarceration of the
accused is not relevant.
7. In the present case, having regard to the gravity of
the offences, the material on record and the fact that there is
progress in the trial, there are no grounds to grant bail. Hence
the petition is rejected.
The trial Court is hereby directed to secure the presence
of PW.3 by taking all coercive steps, if he fails to turn up and
hold the trial on day-today basis and dispose of the matter
being uninfluenced by any of the observations made during the
course of this order as expeditiously as possible.
Sd/-
JUDGE
AKC
