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NC: 2025:KHC:13778 CRL.P No. 113 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 113 OF 2025 BETWEEN:
SRI INDAL KUMAR RAJENDRA SINGH JHARKAF AURANGABAD, BIHAR STATE - 814 101. …PETITIONER (BY SRI HAGED ARAVIND, ADV.) AND:
STATE OF KARNATAKA BY BANNERUGHATTA POLICE STATION, REP BY THE STATE PUBLIC PREOSECUTORS HIGH COURT BUIDLING DR. B.R. AMBEDKAR VEEDHI BENGALURU. …RESPONDENT (BY SMT. N. ANITHA GIRISH, HCGP)
THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO GRANT THE PETITIONER THE RELIEF OF BAIL IN S.C.NO.5058/2023 NOW PENDING ON THE FILE OF III ADDL.DISTRICT AND SESSIONS JUDGE ANEKAL, BENGALURU RURAL.
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
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NC: 2025:KHC:13778 CRL.P No. 113 of 2025
ORAL ORDER
1. Accused no.7 in S.C.No.5058/2023 pending before the Court of III Addl. District & Sessions Judge, Anekal, Bengaluru Rural District, arising out of Crime No.129/2023 registered by Bannerghatta Police Station, Bengaluru District, for the offences punishable under Sections 302, 201, 149 IPC is before this Court under Section 439 of Cr.PC seeking regular bail.
2. Heard the learned Counsel for the parties.
3. FIR in Crime No.129/2023 was registered by Bannerghatta Police Station, Bengaluru District, for the offences punishable under Sections 201, 302 IPC against unknown persons based on the first information dated 01.06.2023 received from Hemavathi @ Sunitha W/o Harinath who is the daughter of deceased Geethamma. During the course of investigation, petitioner herein was arrested on 07.06.2023. After completion of investigation, charge sheet has been filed against the petitioner herein for the aforesaid offences. His bail application filed before the Trial Court in S.C.No.5058/2023 was rejected on 23.09.2024. Therefore, he is before this Court.
4.
Learned Counsel for the petitioner submits that the only allegation against the petitioner is that he had shifted the dead
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NC: 2025:KHC:13778 CRL.P No. 113 of 2025
body, and therefore, at the most the offence punishable under Section 201 IPC would get attracted against the petitioner. Petitioner has not participated in committing the murder of the deceased. He has no antecedents. He is an youngster who is in custody for the last more than 1 1/2 years. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP has opposed the petition. He submits that petitioner hails from Bihar State and in the event he is enlarged on bail, it would be difficult to secure his presence. He submits that the other accused persons are absconding in the present case. He also submits that petitioner has made a active role in the crime, and therefore, his prayer is liable to be rejected. 6. Perusal of the material on record would go to show that after the dead body of deceased Geethamma was found, FIR was initially registered against unknown persons. During the course of investigation, petitioner herein was arrested on
07.06.2023. As per the charge sheet allegations, petitioner along with accused no.1 - Pankaj Kumar and accused no.6 - Sumith Kumar was staying in a rented premises belonging to deceased Geethamma. Pankaj Kumar allegedly had cordial
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relationship with Geethamma. On 27.05.2023 at about 7.30 p.m., when Geethamma was in her house, accused nos.1, 6 & 7 went there and accused no.1 asked her to sign on certain papers relating to her property. When Geethamma refused to sign on the papers, accused no.1 - Pankaj Kumar allegedly strangulated her neck with a mobile phone charger wire and committed her murder. Accused nos.6 & 7 were present at the spot of crime when accused no.1 committed the murder of Geethamma. Thereafter, accused nos.1, 6 & 7 shifted the dead body of Geethamma to their rented premises. On 28.05.2023, accused no.7 - Indal Kumar had purchased an axle blade from hardware shop as instructed by accused no.1, and thereafter, accused no.7 had cut the dead body of deceased Geethamma into pieces and accused no.6 allegedly had held the dead body to enable accused no.7 to cut the body.
Subsequently, accused nos.2 & 5 also had joined the aforesaid accused along with accused no.4 to cut the dead body of deceased Geethamma and they had put the pieces of the dead body into a bag and had subsequently disposed of the same. 7. The other accused persons are absconding in the present case. The allegation against the petitioner is grave and the
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offences committed by him are heinous. He was all along present at the spot of crime when accused no.1 strangulated the deceased to death, and thereafter on the next day, he had purchased an axle blade from a hardware shop and along with the other accused persons he had cut the dead body of deceased Geethamma into pieces and disposed of the same. The weapon used to commit the offence has been recovered at the instance of the petitioner. Petitioner hails from Bihar State and as rightly contended by the learned HCGP, it would be difficult to secure his presence in the event he is enlarged on bail. 8. Considering the gravity of allegations found against the petitioner who is involved in committing the heinous crime, I am of the opinion that his prayer for grant of regular bail requires to be dismissed. Accordingly, petition is dismissed. Sd/-
(S VISHWAJITH SHETTY) JUDGE
KK