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2025 DIGILAW 834 (KAR)

Devaraju S/o Soreswamy v. State of Karnataka

2025-07-08

S.VISHWAJITH SHETTY

body2025
ORDER : 1. Accused in S.C.No.21/2025 pending before the Court of the Principal District and Sessions Judge, Mysore arising out of Crime No.134/2024 registered by Jayapura Police Station, Mysore for the offence punishable under Sections 126(2), 352, 103(1) and 238 of Bharatiya Nyaya Sanhita, 2023 is before this Court, in this successive bail petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking regular bail. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.134/2024 was registered by Jayapura Police Station, Mysore, against the petitioner herein initially for the offence punishable under Sections 352, 126(2), 118(1), 109, 351(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023 based on the statement made by Vijayabhaskar, who is the deceased in the present case. Injured-Vijayabhaskar who was admitted to the hospital, subsequently had died on 17.07.2024. Petitioner who was arrested in the present case on 18.07.2024 was subsequently, remanded to judicial custody. After completing the investigation, charge sheet has been filed against the petitioner for the aforesaid offences. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.1889/2024 was dismissed on 26.11.2024. Thereafter, he approached this Court in Crl.P.No.13302/2024 which was also dismissed as not pressed with liberty to the petitioner to file a fresh petition before this Court. It is under this circumstance, petitioner is before this Court in this successive bail petition. 4. Learned counsel for the petitioner submits that FIR was registered against the petitioner herein based on the statement of the injured-victim, whereas the charge sheet allegations do not tally with the allegations found in the first information. He further submits that there is a delay in registering the FIR and though injured-victim and alleged eye witnesses - C.W.1 to 3 are the close friends of the petitioner; in the history given in the hospital at the time of admitting the deceased, name of the petitioner is not disclosed. Petitioner has no other criminal antecedents. Case before the Trial Court is still at the stage of hearing before charge. Accordingly, he prays to allow the petition. 5. Per contra, learned High Court Government Pleader has opposed the petition and submits that C.W.1 to 3 are the eye witnesses to the incident in question and FIR has been registered against the petitioner based on the first information received from the injured-victim, who subsequently died in the hospital. Accordingly, prays to dismiss the petition. 6. 5. Per contra, learned High Court Government Pleader has opposed the petition and submits that C.W.1 to 3 are the eye witnesses to the incident in question and FIR has been registered against the petitioner based on the first information received from the injured-victim, who subsequently died in the hospital. Accordingly, prays to dismiss the petition. 6. In the first information received from the injured-victim, who subsequently died on 17.07.2024, it is stated that on 14.07.2024, at about 8.00 a.m., he had gone out of his house and at about on 9.30 p.m., when he was returning to his house, he had met the petitioner near Aishwarya Kalyana Mantapa. It is alleged that all of a sudden, petitioner abused him using filthy language and assaulted him with the knife on his stomach and other parts of the body and when Vijayabhaskar started shouting, C.W.1 - Ramesh and C.W.2 - Karthik came to the spot and when Vijayabhaskar tried to snatch the knife from the hand of the petitioner, he got injured on his right hand. Thereafter, C.W.1 and 2 pacified the quarrel and admitted Vijayabhaskar in Suyog Hospital at Mysore. Statement of the injured - Vijayabhaskar was recorded in the said hospital at about 16.00 hours on 15.07.2024 and based on the same, FIR was registered against the petitioner. 7. In the charge sheet which is filed, it is alleged that petitioner and the deceased had consumed alcohol along with C.W.1 to 3 at about 9.45 p.m. on 14.07.2024 and at about 10.45 p.m., petitioner and Vijayabhaskar had quarreled against each other and same was pacified by C.W.1 to 3 and thereafter, petitioner had left the said place where they were consuming alcohol. At about 10.55 p.m. when Vijayabhaskar was riding pillion in the motor bike of C.W.2, the petitioner all of a sudden, came in front of the said motor bike and after abusing Vijayabhaskar, he allegedly stabbed him with a knife on his stomach, chest and other parts of the body and C.W.1 to 3 allegedly interfered and thereafter, petitioner went away from the spot. 8. Subsequently, C.W.1 to 3 shifted the injured-Vijayabhaskar to Suyog Hospital and admitted him in the said hospital. Statement of C.W.1 to 3 was recorded in the present case on 15.07.2024 itself. 8. Subsequently, C.W.1 to 3 shifted the injured-Vijayabhaskar to Suyog Hospital and admitted him in the said hospital. Statement of C.W.1 to 3 was recorded in the present case on 15.07.2024 itself. Even the said witnesses who are the alleged eye witnesses to the incident in question have spoken about the quarrel between the parties that had taken place on the night of 14.07.2025 when the petitioner, deceased and the alleged eye witnesses were consuming alcohol which is prior to the alleged incident that had taken place at about 10.55 p.m. in which the petitioner had allegedly assaulted Vijayabhaskar with a knife. 9. In the first information submitted by Vijayabhaskar, he has completely suppressed about he consuming alcohol with the petitioner and C.W.1 to 3 and about his quarrel with the petitioner prior to the alleged incident that took place at about 10.55 p.m. in which the petitioner had assaulted Vijayabhaskar with a knife. It appears that C.W.2 - Karthik also had suffered injury on his hand in the incident in question. 10. Material on record further goes to show that eye witnesses have stated that Vijayabhaskar was initially shifted to Queen Mary Hospital, where he was given first aid and subsequently, he was shifted to Suyog Hospital at Mysore. In the hospital records, the history given at the time of admitting Vijayabhaskar in the hospital is that he had suffered injury as a result of assault. The exact history of the injuries suffered by him has not been mentioned. Though the hospital records would go to show that Vijayabhaskar was admitted in Suyog hospital at about 1.40 a.m. on 15.07.2024, his statement has been recorded belatedly at about 16.00 hours which is after a delay of more than 12 hours from the time of his admission to the hospital. The version of the eye witnesses do not tally with the version of the incident as mentioned by the first informant. 11. Undisputedly, petitioner has no other criminal antecedents and he is in custody from 18.07.2024. Case before the Trial Court is still at the stage of hearing before charge. It is trite that accused cannot be detained in custody as a punitive/preventive measure. 12. Under such circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Case before the Trial Court is still at the stage of hearing before charge. It is trite that accused cannot be detained in custody as a punitive/preventive measure. 12. Under such circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER : The petition is allowed The petitioner is directed to be enlarged on bail in S.C. No.21/2025 pending before the Court of the Principal District and Sessions Judge, Mysore arising out of Crime No.134/2024 registered by Jayapura Police Station, Mysore for the offence punishable under Sections 352, 126(2), 118(1), 109, 351(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against his is disposed off.