Ajay vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused No.2 under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to grant bail in Crime No.217/2024 of Siddapura Police Station registered for the offences punishable under Section 103(1) read with Section 3(5) of BNS of 2023 pending in SC No.1620/2024 on the file of the learned LVIII Additional City Civil and Sessions Judge, Bengaluru,(CCH-59).

Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State.

The learned counsel for petitioner would contend that CWs.13 and 14, who are stated to be eyewitnesses to the incident, have already been examined and they have not supported the case of prosecution. On perusal of the statements of CWs.13 and 14, there is no overt act alleged against the petitioner/accused No.2. The names of eyewitnesses are not stated in the complaint, which is filed by the sister of deceased. The petitioner, who is an accused in Crime No.289/2023 of Siddapura Police Station registered for the offences punishable under Sections 307, 325, 504, 506, read with Section 34 IPC, has been granted bail by the Sessions Court. As the charge sheet is filed, the petitioner is not required for custodial interrogation. The accused No.3 has been granted bail by this Court in Crl.P No.4763/2025 by order dated 21.04.2025. With this, he prayed to allow the petition.

Per Contra, the learned High Court Government Pleader appearing for the respondent-State would contend that the charge sheet indicates a serious overt act on the part of this petitioner, namely assaulting the deceased on the neck with a dagger. CWs.13 and 14 are eyewitnesses to the incident. CW13 in his statement recorded under Section 183 of BNSS has specifically stated the assault by this petitioner to the deceased. The dagger has been seized at the instance of this petitioner. The petitioner is involved in three cases in Kalasipalya Police Station, Byatarayanapura Police Station and Crime No.289/2023 of Siddhapura Police Station. The petitioner is having criminal antecedents. If the petitioner is granted bail, there is a threat to the prosecution witnesses. The charge sheet materials show a prima facie case against the petitioner for the offences alleged against the petitioner. One of the offences alleged is a heinous offence punishable with death or imprisonment for life. With this, he prayed to reject the petition.

Having heard the learned counsel, the Court has perused the charge sheet and other materials placed on record.

The case of the prosecution is that the deceased was having an illicit relationship with CW-15, who is the wife of his friend. The said relationship was opposed by accused No.1, who advised the deceased to discontinue the same. On 02.08.2024 at about 9.30 p.m., accused Nos.1 to 3, along with CW-13, were consuming alcohol. At that time, CW-14 and the deceased arrived at the spot and consumed alcohol with the accused persons. Accused No.1 is alleged to have once again advised the deceased to discontinue his illicit relationship with CW-15, which led to a quarrel between accused No.1 and the deceased. The deceased is further alleged to have abused accused No.1 and left the spot carrying a dagger in his hand. Thereafter, at the instance and instigation of accused No.1, accused No.2 brought two machetes. Accused Nos.1 to 3 then followed the deceased and assaulted him behind Guttepala Mosque, within the jurisdiction of Siddapura Police Station, thereby committing his murder.

CWs.13 and 14 are eyewitnesses to the incident of assault by the accused persons. Both have stated regarding assault by accused No.1 to the deceased. CW13 in his statement recorded under Section 183 of BNSS has specifically stated the assault by accused Nos. 1 to 3 on the deceased. The fact that CW-13 and CW-14 have already been examined and have not supported the case of the prosecution cannot be a ground for grant of bail to the petitioner. The petitioner is having criminal antecedents and he is involved in Crime No.289/2023 of Siddapura Police Station registered for the offences punishable under Sections 323, 307, 504, 506 read with Section 34 IPC.

It is submitted by the learned High Court Government Pleader that the petitioner is involved in Crime No.25/2021 of Siddapura Police Station registered for the offence punishable under Section 380 of IPC. The trial is in progress. If the petitioner is granted bail, there are chances of him threatening the other prosecution witnesses and flee from justice and committing similar offence.

Considering the above aspect, the petitioner has not made out any grounds for grant of bail.

In the result, the petition is dismissed.