Dhanaraj L vs State Of Karnataka

Shivashankar Amarannavar, J

This petition is filed by accused No.1 under Section 483 of BNSS praying to grant bail in S.C.No.37/2025 (Crime No.2/2025 of Chikkaballapura Rural Police Station) registered for offences under Section 238, 103(1) of BNS, pending on the file of III Additional District and Sessions Judge, Chikkaballapura.

Heard learned counsel for petitioner and learned Additional SPP for respondent/State.

Learned counsel for petitioner would contend that there are no eyewitnesses to the incident and the case of the prosecution is based on circumstantial evidence. Except recovery of weapons, bloodstained clothes and other articles, there are no other materials against this petitioner. There is a political rivalry between petitioner and the deceased and therefore, a false case has been foisted against the petitioner. The FIR has been registered against unknown person. There are no criminal antecedents of the petitioner. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prays to allow the petition.

Per contra, learned Addl.SPP would contend that the accused persons have brutally assaulted the deceased with knife, long chopper and dagger and caused severe injuries and death. There is recovery of blood stained pant and shirt at the instance of this petitioner. There is a motive against this petitioner. There is a recovery of CCTV footage of the movements of the petitioner and other accused. The charge sheet shows prima-facie case against the petitioner for the offence alleged against him. With this, he prayed to reject the petition.

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

As per charge sheet, the case of the prosecution is that there was a quarrel as the deceased had not given money at the time of Lok Sabha election and the same has been complained by CW.25 to accused No. 1. Accused No. 1 had also quarreled with the deceased in that regard. Thereafter, accused Nos.1 and 2 have conspired and in furtherance of the conspiracy assaulted the deceased with dagger and long chopper and caused his death. There are no eye witnesses to the incident and the case of the prosecution is based on circumstantial evidence. There is recovery of weapons used by the accused persons to assault the deceased at the instance of accused persons. There is also recovery of blood stained clothes and a mobile at the instance of this petitioner. As the case of the prosecution is based on circumstantial evidence, the prosecution has to prove each of the circumstances at trial. As the charge sheet is filed, the petitioners are not required for further custodial interrogation. There are no criminal incidents of the petitioner.

Considering the above aspects, the petitioner has made out case for grant of bail with conditions. In the result, the following:

ORDER

Petition is allowed. The petitioner is granted bail in S.C.No.37/2025 (Crime No.2/2025 of Chikkaballapura Rural Police Station), pending on the file of III Additional District and Sessions Judge, Chikkaballapura, subject to following conditions:

(i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the trial Court.

(ii) Petitioner shall not tamper the prosecution witnesses either directly or indirectly.

(iii) Petitioner shall attend the trial Court on all dates of hearing unless exempted and co-operate for speedy disposal of the case.

(iv) Petitioner shall not involve in commission of any offence. If the petitioner is found involved in commission of any offence, the prosecution is at liberty to seek cancellation of bail granted to him.