Crl.P.No.201155/2020

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 13^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY

CRIMINAL PETITION No.201155/2020

BETWEEN:

Sharanu S/o Mahantappa Dande,

Age : 28 years, Occ : Driver,

R/at : V.K.Salagar,

Tq : Aland, Dist. Kalaburagi,

Now at Shivashakti Nagar,

Kalaburagi.

… Petitioner

(By Sri B.C.Jaka, Advocate)

AND:

State of Karnataka

Through Yadgiri Rural Police Station,

Tq. & Dist. Yadgiri

Now represented by

Addl. State Public Prosecutor,

High Court of Karnataka,

Kalaburagi Bench.

… Respondent

(By Sri Mallikarjun Sahukar, HCGP)

Crl.P.No.201155/2020

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This Criminal Petition is filed under Section 439 of

Cr.P.C praying to enlarge the petitioner on bail in Crime

No.74/2020 registered by the respondent Yadgiri Rural

Police Station, Tq. Yadgiri, Dist. Yadgiri and pending on

the file of the Civil Judge & JMFC, (Jr.Dn) Court at Yadgiri

for the offences punishable under Section 302 read with

Section 34 of IPC.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

Heard the learned counsel for the petitioner, the

learned High Court Government Pleader for respondent/

State and also perused the materials available on record.

2.

Petitioner

is

accused

No.1

in

Crime

No.74/2020 registered by the Yadgiri Rural Police Station

for the offence punishable under Section 302 read with

Section 34 of IPC. On 23.05.2020, deceased Rajkumar

who is the brother of the complainant was seen by CWs.18

to 20, who was allegedly injured due to the assault made

on him by somebody and when they tried to shift him to

the hospital, Rajkumar succumbed to the injuries. An

information with regard to the death of Rajkumar was

Crl.P.No.201155/2020

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given

to

the

complainant

and

immediately

there

afterwards he had come to the spot along with his family

members and subsequently a case in UDR No.6/2020 was

registered under Section 174 of Cr.P.C. On 10.06.2020, on

the basis of the written complaint lodged by the

complainant, the Yadgiri Rural Police have registered an

FIR in Crime No.74/2020 against the petitioner and two

others. The petitioner was arrested on 12.06.2020.

Subsequently, the police have completed the investigation

and filed a charge sheet against accused Nos.1 and 2 for

the offence punishable under Section 302 read with

Section 34 of IPC. Petitioner had filed bail application

under Section 439 of Cr.P.C before the Sessions Judge,

Yadgiri in Crl.Misc.No.440/2020, which was dismissed.

3.

Learned counsel for the petitioner submits that

the petitioner has been falsely implicated in the case for

extraneous reasons. Ever since 12.06.2020 the petitioner

who is a driver by profession is in custody. He is the bread

earner of his family. He submits that charge sheet in the

Crl.P.No.201155/2020

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case has been already filed and therefore petitioner's

custody is not required for any purpose. He also submits

that the charge sheet materials, prima facie do not

establish the case for the alleged offence against the

petitioner and therefore prays to release the petitioner on

bail.

4.

Per contra, learned High Court Government

Pleader opposes the bail petition contending that CW.17 is

an eye witness to the incident. He has clearly stated with

regard to the overt acts of the petitioner and the injuries

found on the body of the deceased are corresponding to

the said overt acts. If the petitioner is enlarged on bail he

may tamper with the prosecution witnesses and therefore

prays to reject the bail petition.

5.

In the case on hand, initially an UDR was

registered, but none of the relatives of the deceased

including the complainant have made any statement

before the Executive Magistrate with regard to any

Crl.P.No.201155/2020

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suspicion concerning to the death of the deceased

Rajkumar. It is only on 10.06.2020, on the basis of the

h