Karnataka High Court
Prabhakar N vs The State Of Karnataka By on 5 September, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2024:KHC:36327
CRL.P No. 3038 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 3038 OF 2024
BETWEEN:
PRABHAKAR N
S/O NARASIMHAIAH,
AGED ABOUT 45 YEARS,
R/AT GUNJURU VILLAGE,
TUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT.
PERMANENT ADDRESS,
MELINAJOGANAHALLI VILLAGE,
TUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BENGALURU RURAL DISTRICT -561 203
...PETITIONER
Digitally
signed by (BY SRI. DINESH B.V., ADVOCATE)
YAMUNA K L
Location: High AND:
Court of
Karnataka
1. THE STATE OF KARNATAKA BY
DODDABALLAPURA RURAL POLICE STATION,
BENGALURU DISTRICT,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU-560 001.
-2-
NC: 2024:KHC:36327
CRL.P No. 3038 of 2024
2. SRI. RAGHUVEER YADAV T.S.,
SON OF SRINIVASN,
AGED ABOUT 29 YEARS,
R/AT GUNJURU VILLAGE,
TUBAGERE HOBLI,
DODDABALLAPURA TALUK,
BANGALORE RURAL DISTRICT 561 203.
(ASSISTANCE TO PROSECUTION)
...RESPONDENTS
(BY SMT. WAHEEDA M.M., HCGP;
SRI. PUNITH C., ADVOCATE)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.381/2023
(C.C.NO.96/2024) OF DODDABALLAPURA RURAL POLICE FOR
THE OFFENCE P/US/ 302 OF IPC PENDING ON THE FILE OF THE
4TH ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DODDABALLAPURA BENGALURU RURAL DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused in Crime No.381/2023 registered by
Doddaballapur Rural Police Station, Bengaluru district, for
the offences punishable under Section 302 of IPC, is
NC: 2024:KHC:36327
before this Court under Section 439 of Cr.P.C seeking
regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.381/2023 was registered by
Doddaballapur Rural Police Station, Bengaluru district,
against unknown person, for the offences punishable
under sections 302 & 201 of IPC, on the basis of
information dated 11.11.2023 received from Raghuveer
Yadav T S, grand son of deceased Chowdamma. During
the course of the investigation, petitioner herein who owns
lands adjacent to the land of the deceased, was arrested
on 12.11.2023 and remanded to judicial custody.
Investigation in the case is completed and charge sheet
has been filed against the petitioner for the aforesaid
offence.
4. Bail application filed by petitioner before the
Court of jurisdictional Sessions Court in
Cri.Misc.No.11026/2024 was rejected on 11.03.2024.
Therefore he is before this Court.
NC: 2024:KHC:36327
5. Learned counsel for the petitioner submits that
petitioner is agriculturist having no criminal antecedents,
is in custody from 12.11.2023. Entire case of the
prosecution is based on circumstantial evidence and
accordingly, prays to allow the petition.
6. Per contra, learned HCGP and learned counsel for
the de facto complainant have opposed the bail petition
and they submit there are sufficient materials to connect
the petitioner to the crime. Learned counsel for
respondent No.2 submits that petitioner has confessed to
the crime and therefore there is prima facie evidence
against him. He has placed reliance on the judgment of
the Hon'ble Supreme Court reported in 2022 Live Law
(SC) 610, in the case of INDRESH KUMAR VS. THE
STATE OF UTTAR PRADESH & ANR, and submits that
since the alleged offence is in grave nature petitioner's
prayer for grant of bail may be rejected.
7. FIR in Crime No.381/2023 was registered by
Doddaballapur Rural Police Station, Bengaluru district,
initially against unknown person, for the offences
NC: 2024:KHC:36327
punishable under sections 302 & 201 of IPC, after the
dead body of the deceased Chowdamma was found near
her agricultural land. During the course of investigation,
petitioner herein who is the owner of the land situated
adjacent to the land of deceased was arrested and
remanded to judicial custody on 12.11.2023.
Investigation in the case is completed and charge sheet
has been filed.
8. As per the charge sheet allegations, there was
some dispute between the petitioner and the deceased
with regard to gracing of cattle and sheep and deceased
was objecting for petitioner gracing his cattle and sheep in
her property. It is in this background, on 11.11.2023
allegedly the petitioner and the deceased had quarreled
and on the said day the petitioner allegedly assaulted
deceased and when she fell down he allegedly
strangulated her neck with the help of her Saree and
committed her murder.
9. Entire case of the prosecution is based on
circumstantial evidence. The judgment on which reliance
NC: 2024:KHC:36327
has been placed by the learned counsel for respondent
No.2 is not applicable to the facts and circumstance of the
present case. In the case on hand, there is no statement
of any witnesses under Section 161 or 164 of Cr.P.C who
have witnessed the incident in question. Confession of the
accused person is not admissible evidence. Therefore, I
am of the opinion that the petitioner's prayer for grant of
regular bail is required to be answered affirmatively.
10. Accordingly, the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in
Crime No.381/2023 registered by Doddaballapur Rural
Police Station, Bengaluru district, for the offences
punishable under Section 302 of IPC, subject to the
following conditions:
a) Petitioner shall a execute personal bond
for a sum of Rs.1,00,000/- with two sureties for
the likesum, to the satisfaction of the
jurisdictional Court;
NC: 2024:KHC:36327
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;
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/-
(S VISHWAJITH SHETTY)
JUDGE
ASN
