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2025 DAILYLAW 22126 (KAR)

RAVI @ BASAVARAJU MAKASI v. STATE OF KARNATAKA

CRL.P/4713/2025 · 2025-04-21

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC:16313 CRL.P No. 4713 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 4713 OF 2025 BETWEEN: RAVI @ BASAVARAJU MAKASI S/O LATE GURANNA GURAPPA MAKASI AGED ABOUT 31 YEARS R/AT 3RD CROSS, GANDHINAGARA MANDYA DISTRICT, PIN - 540 104. …PETITIONER (BY SRI LAKSHMIKANTH K, ADV.) AND: STATE OF KARNATAKA BY K M DODDI POLICE STATION MANDYA DISTRICT, REP BY ITS STATE P UBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 01. …RESPONDENT (BY SMT. PUSHPALATHA B, ADDL. SPP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNNS) PRAYING TO RELEASE THE PETITIONER ON BAIL IN CRIME NO.184/2024 AND IN S.C.NO.17/2024 OF RESPONDENT K.M DODDI POLICE, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302 OF CRPC PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE MANDYA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16313 CRL.P No. 4713 of 2025 ORAL ORDER Accused in S.C.No.17/2024 pending before the Court of II Addl. District and Sessions Judge, Mandya arising out of Crime No.184/2023 registered by K.M. Doddi Police Station, Mandya District, for the offence punishable under Section 302 of IPC is before this Court seeking regular bail. 2. Heard the learned counsel appearing for the parties. 3. FIR in Crime No.17/2024 was registered by K.M. Doddi Police Station, Mandya District for the aforesaid offence against the petitioner herein, on the basis of first information dated 07.11.2023 received from Sri Siddappaji P S/o Late Puttachari, who is the brother of deceased Manteswamy P. During the course of investigation, the petitioner herein was arrested on 09.11.2023 and subsequently remanded to judicial custody. After completing investigation, charge sheet has - 3 - NC: 2025:KHC:16313 CRL.P No. 4713 of 2025 been filed against the petitioner herein for the aforesaid offence. 4. The bail application filed by the petitioner before the jurisdictional Sessions Court in S.C.No.17/2024 was dismissed on 15.01.2025. Therefore, he is before this Court. 5. Perusal of the material on record would go to show that, entire case of the prosecution is based on circumstantial evidence. As per charge sheet allegation, deceased Manteswamy had borrowed an amount of Rs.1,80,000/- from the petitioner about two years earlier and inspite of repeated demands made by the petitioner, deceased had failed to repay the loan borrowed by him. On 06.11.2023, the petitioner had demanded repayment of money borrowed by the deceased and the deceased allegedly had repaid a sum of Rs.16,000/- to him and had sought for further time. It is in this background, the petitioner allegedly decided to eliminate Manteswamy and on 06.11.2023 he had taken deceased along with him in - 4 - NC: 2025:KHC:16313 CRL.P No. 4713 of 2025 his motorcycle bearing registration No.KA-11-EQ-9423 and thereafter had quarreled with him and when deceased allegedly sought further time of three to four months to repay the amount, the petitioner allegedly stabbed him on his chest with a button knife and committed his murder. 6. Undisputedly, the petitioner has no criminal antecedents. He is in custody from 09.11.2023. Except the last seen circumstance there is no strong circumstantial evidence as against the petitioner at this stage. Trial in the case is yet to commence. The prosecution in all has cited 38 charge sheet witnesses in the present case. 7. Considering the aforesaid aspects of the matter, I am of the opinion that, the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. 8. Accordingly, the following: ORDER Criminal Petition is allowed. - 5 - NC: 2025:KHC:16313 CRL.P No. 4713 of 2025 The petitioner is directed to be enlarged on bail in S.C.No.17/2024 pending before the Court of II Addl. District and Sessions Judge, Mandya arising out of Crime No.184/2023 registered by K.M. Doddi Police Station, Mandya District, for the offence punishable under Section 302 of IPC, subject to the following conditions: a) The petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) 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; 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; Sd/- (S VISHWAJITH SHETTY) JUDGE NMS