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2025 DAILYLAW 17851 (KAR)

RAVIKUMAR v. STATE OF KARNATAKA

CRL.P/2459/2025 · 2025-03-26

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:12793 CRL.P No. 2459 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2459 OF 2025 BETWEEN: RAVIKUMAR S/O SIDDAMARIGOWDA, AGED ABOUT 44 YEARS PERMANENT RESIDING AT SREENIVASANAHALLI VILLAGE, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562117 PRESENT R/AT MADDURAMMA ROAD KANAKAPURA TOWN RAMANAGARA PIN 562117 …PETITIONER (BY SRI. SHARATH J M., ADVOCATE) AND: STATE OF KARNATAKA BY KANAKAPURA RURAL POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING HIGH COURT OF KARNATAKA AT BENGALURU 560001 …RESPONDENT (BY SRI. K NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASED HIM ON BAIL, WHO IS ACCUSED NO.1 IN CR.NO.94/2024 (S.C.NO.5057/2024) REGISTERED BY THE RESPONDENT KANAKAPURA RURAL POLICE STATION, NOW PENDING ON HONBLE IIND ADDL. DISTRICT AND SESSIONS JUDGE, RAMANAGARA, SITTING AT KANAKAPURA FOR THE OFFENCE Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12793 CRL.P No. 2459 of 2025 PUNISHABLE UNDER SECTION 302,201,392,114 R/W 34 OF IPC IN RESPECT OF PETITIONER AND ETC. 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 No.1 in SC No.5057/2024 pending before the Court of II Additional District and Sessions Judge, Ramanagara, sitting at Kanakapura, arising out of Crime No.94/2024 registered by Kanakapura Rural Police Station, Ramanagara, for the offences punishable under Sections 302, 201, 392, 114 read with 34 of IPC, is 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.94/2024 was registered by Kanakapura Rural Police Station, Ramanagara, initially for offences punishable under Sections 302, 201 read with 34 of IPC against the petitioner herein and three others based on first information dated 5.6.2024 received from Vidyananda son of deceased Sunandamma. During the course of investigation, the petitioner herein who was arraigned as accused No.1 in the FIR was arrested on 9.6.2024 and subsequently remanded to - 3 - NC: 2025:KHC:12793 CRL.P No. 2459 of 2025 judicial custody. Investigation of the case is completed and charge sheet has been filed against 3 persons. The petitioner is arraigned as accused No.1 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5034/2025 was rejected on 30.1.2025. Therefore, he is before this Court. 4. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the case of the prosecution is based on circumstantial evidence. Accused Nos.2 and 3 have been granted regular bail in Criminal Petition No.12575/2024 and Criminal Petition No.14091/2024. The petitioner has no criminal antecedents. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition and submits that there are strong circumstances to connect the petitioner to the crime and the petitioner also had a strong motive to commit the murder of the deceased. Accordingly, he prays to dismiss the petition. 6. A perusal of the averments found in the FIR would go to show that the first informant suspected the hand of - 4 - NC: 2025:KHC:12793 CRL.P No. 2459 of 2025 accused persons in the death of his mother after the dead body of his mother Smt Sunandamma was found. The petitioner herein who was arraigned as accused No.1 in the FIR was arrested during the course of investigation on 9.6.2024. After completing the investigation, charge sheet is filed against three persons. Accused No.2 is the wife of the petitioner and accused No.3 is the father-in-law of the petitioner. The allegation against the accused persons in the charge sheet is that the accused Nos.1 and 2 had borrowed money from deceased Sunandamma and also from some other charge sheet witnesses. Since accused Nos.1 and 2 were not in a position to repay the amount borrowed, they had decided to commit murder of Sunandamma and accordingly, on 4.6.2024 in the guise of repaying the amount, accused No.1 summoned Sunandamma and took her in his motor bike and thereafter committed her murder by smothering her to death. The gold jewelry which deceased Sunandamma was wearing was thereafter pledged by accused Nos.1 and 2 in the name of accused No.2 and out of the sale proceeds received by them, they had repaid certain amount to CWs.27 to 30. The entire case of the prosecution is based on circumstantial evidence. - 5 - NC: 2025:KHC:12793 CRL.P No. 2459 of 2025 Accused No.2 has been granted regular bail by this Court in Criminal Petition No.14091/2024, disposed of on 23.1.2025 and accused No.3 has been granted regular bail by this Court in Criminal Petition No.12575/2024, disposed of on 16.12.2024 petitioner has no criminal antecedents. The allegations found in the charge sheet are required to be proved against the accused. 7. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer for grant of regular bail in this petition needs to be answered in the affirmative. 8. The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.94/2024 of Kanakapura Rural Police Station, registered for the offences punishable under Sections 302, 201, 392, 114 read with 34 of IPC subject to the following conditions: a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; - 6 - NC: 2025:KHC:12793 CRL.P No. 2459 of 2025 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 ND List No.: 1 Sl No.: 51