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2025 DAILYLAW 19050 (KAR)

MR.RAVI ALIAS KUNDA, v. STATE BY KARNATAKA BY

CRL.P/3211/2025 · 2025-03-22

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:12093 CRL.P No. 3211 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY CRIMINAL PETITION NO.3211 OF 2025 BETWEEN: MR. RAVI ALIAS KUNDA S/O LATE ANNAPPA AGED ABOUT 60 YEARS R/AT NO.867/13, 15TH CROSS RAMANUJA ROAD MYSURU CITY 570015 (NOW IN JUDICIAL CUSTODY). …PETITIONER (BY SRI. KUMARA K.G. ADV.,) AND: STATE BY KARNATAKA BY BY LAKSHMIPURAM POLICE STATION MYSURU DISTRICT -570015 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BULILDING BANGALORE-560001. …RESPONDENT (BY SRI. K. NAGESHWARAPPA, HCGP) THIS CRL.P IS FILED U/S 439 OF CR.P.C. (FILED U/S 483 BNNS) PRAYING TO ENLARGE ON BAIL IN S.C NO.254/2023 (CRIME NO.27/2023) REGISTERED BY THE RESPONDENT LAKSHMIPURAM POLICE) FOR THE O/P/U/S 302 AND 201 OF Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka - 2 - NC: 2025:KHC:12093 CRL.P No. 3211 of 2025 IPC, PENDING ON THE FILE OF IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU. 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 S.C.No.254/2023 pending before the Court of IV Additional District and Sessions Judge, Mysuru, arising out of Crime No.27/2023 registered by Laxmipuram Police Station, Mysuru City, for the offences punishable under Sections 302 and 201 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.27/2023 was registered by Laxmipuram Police Station, Mysuru City against the petitioner herein for the aforesaid offences based on the first information dated 17.07.2023 received from Sri.Srikantaswamy, Police Officer attached to Krishnaraja Police Station. During the course of investigation of the - 3 - NC: 2025:KHC:12093 CRL.P No. 3211 of 2025 case, the petitioner was arrested on 23.06.2023 and subsequently remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences. His bail application filed before the jurisdictional Sessions Court in S.C.No.254/2023 was rejected on 23.07.2024. Therefore, he is before this Court. 4. Perusal of the material on record would go to show that FIR was initially registered in Crime No.51/2023 by Krishnaraja Police Station, Mysuru City for the offence punishable under Sections 302, 201 of IPC based on the first information dated 22.06.2023 received from Sri.Srikantaswamy, Police Officer attached to Krishnaraja Police Station, Mysuru. During the course of investigation, petitioner herein was arrested on 23.06.2023 and subequenlty for want of jurisdiction, FIR was transferred to Laxmipuram Police Station and the case was registered in Crime No.27/2023. Investigation was thereafter completed - 4 - NC: 2025:KHC:12093 CRL.P No. 3211 of 2025 and charge sheet was filed against the petitioner for the aforesaid offences. 5. Perusal of the charge sheet allegations would go to show that the deceased Yashoda Bai, after losing her family members, was sleeping on the road side and doing some petty business. The said Yashoda Bai allegedly had borrowed some money from the petitioner and on the alleged date of incident, a quarrel had taken place between the petitioner and Yashoda Bai, after petitioner had demanded repayment of money borrowed by Yashoda Bai from him. Petitioner, who got enraged, therefore, came to the spot subsequently at about 01:30 a.m. on 22.06.2023 and dropped a stone on the head of Yashoda Bai, who was sleeping, and committed her murder. Thereafter, he took a sum of Rs.9,615/- which was with the deceased and had left the place. The entire case of the prosecution is based on the circumstantial evidence. The petitioner, who has no criminal antecedents, is in custody from 23.06.2023. The prosecution has cited 40 charge sheet witnesses and till date only 2 witnesses are - 5 - NC: 2025:KHC:12093 CRL.P No. 3211 of 2025 examined as PWs-1 & 2 in the present case. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer of the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in S.C.No.254/2023 pending before the Court of IV Additional District and Sessions Judge, Mysuru, arising out of Crime No.27/2023 registered by Laxmipuram Police Station, Mysuru City, for the offences punishable under Sections 302 and 201 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; 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; - 6 - NC: 2025:KHC:12093 CRL.P No. 3211 of 2025 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 the permission of the said court until the case registered against him is disposed off. Sd/- (S. VISHWAJITH SHETTY) JUDGE BSR List No.: 1 Sl No.: 37