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2025 DAILYLAW 22778 (KAR)

AJAY v. STATE OF KARNATAKA

CRL.P/5138/2025 · 2025-04-26

Mohammad Nawaz

body2025

Judgment text

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- 1 - NC: 2025:KHC:17254 CRL.P No. 5138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 5138 OF 2025 (439(Cr.PC) / 483(BNSS)) BETWEEN: AJAY S/O. GOVINDRAJU, AGED 26 YEARS, RESIDING AT KODIHALLI VILLAGE, HALAGURU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT, PIN-571 421. …PETITIONER (BY SRI. PARTHA SARATHY M., ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY CHANNAPATNA RURAL POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. …RESPONDENT (BY SMT. RASHMI PATEL, HCGP) THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON BAIL IN CR.NO.205/2022 AND IN S.C NO.21/2023, FOR THE ALLEGED OFFENCES SECTIONS 302 AND 201 OF I.P.C., ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA IN THE ABOVE CASE. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:17254 CRL.P No. 5138 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER This is a successive bail petition preferred by the petitioner praying to enlarge him on bail in Crime No.205/2022 of Channapatna Rural Police Station, now pending in S.C.No.21/2023 on the file of the Court of III Additional District and Sessions Judge, Ramanagara. 2. Petitioner is facing trial for the offence punishable under Section 302 and 201 of IPC, for committing the murder of one Geetha by strangulating her with a plastic rope and then stabbing on her neck with a knife and causing disappearance of the evidence. 3. This Court has considered the bail petition of the petitioner, in Crl.P No.1043/2023 and once again in Crl.P No.3767/2024 and declined to enlarge him on bail, considering the nature and gravity of the offence committed. - 3 - NC: 2025:KHC:17254 CRL.P No. 5138 of 2025 4. While disposing of Crl.P No.3767/2024, the petitioner was granted liberty to move the Sessions Court afresh for grant of bail, if the trial was not commenced within a period of three months. 5. The petitioner once again preferred a bail petition before the Sessions Court. The prayer has been rejected by the learned Sessions Judge. A perusal of the order goes to show that, bail was sought complaining about the abnormal behaviour of the accused. It is seen, petitioner was admitted at Central Prison Hospital on 07.10.2024 under Psychiatry and took treatment for suicidal behaviour and suspected phychotic symptoms. As per the medical opinion, he needs continued observation and treatment. 6. The learned Sessions Judge has observed that after deciding the condition of the petitioner to face the trial, the trial can be proceeded with. - 4 - NC: 2025:KHC:17254 CRL.P No. 5138 of 2025 7. Learned High Court Government Pleader submits that the case has been fixed to record the evidence of the treating doctor on 15.05.2025. 8. The offence committed is heinous in nature. The learned Sessions Judge has assigned reasons for not enlarging the petitioner on bail and not commencing the trial. The statement of the treating doctor is yet to be recorded, to ascertain the mental condition of the petitioner. In view of the same, the petitioner is permitted to move the Sessions Court once the evidence of the doctor is completed. 9. With the above observation, petition is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 3 CT:ar