High Court Karnataka High Court

Mudduraj vs State By Chamarajpet Police on 11 February, 2010

Karnataka High Court
Mudduraj vs State By Chamarajpet Police on 11 February, 2010
Author: A.S.Pachhapure
 

IN THE HIGH COURT or KARNATAKA AT BANGALORE
DATED THIS THE 11" DAY 0? FEBRUARY, zfilbgig
BEFORE:

THE HON'ELE MR. JUSTICE A s. 2AéHHA$Ufieex

CRIMINAL PETITION No 5794 gg ggg§v*
Cflw, ', i'A

CRIMINAL PETITION No 253 9; ghldz x"

IN CRL.P. No.6794/e9}*. 7

BETWEEN:

Muddurajr _m x:V g

3/0. Virupakehappa,.'

Aged 27 yearska""*; 3,: ..;
R/at Kalaviba§iCGrama,°A'aV
Hiriyur~Post}. '"" 7 '
Hiriyur Talnk};HV , .,", _
Chitradurga District, g_'_ M PETITIONER/S

[By M/s.fiagendTa Naidn; L. Sudharshan &
Mohandas, Advs E

, véE2€.

State by Chamerejpet Police,

Repreeented by SPP,

High Coutt, Bangalore. W RESPONDENT/S

u'", {By Sriefiaja Subramanya Bhat, HCGP.}

,_e ***
This Crl.P. is filed u/Section 439 Cr.P C by

V"_the Advocate for the petitioner praying to release
V,tfie petitioner on bail in Crime No.87/09 of

.4jChamarajapet Police Station pending on the file of I
Addl. CM, Bangalore for the offence p/u/Ss.l43,

144, 147, 148, 302 r/w 140 of IPC.



 

 

IN CRL.P. No.253/10:

BETWEEN:

Kumar,

S/o. Puttaiah,

Aged about 32 years,

R/0.57/3, "A" Cross,

"B" Street, J.J.Nagar, 3 § --. ~ * w 2g 3
Bangalore. ,',_ to "m £?E$I$l0$ER/S_"

{By Sri.R.B. Deshpande & _ _ -a
Sri Dinesh Kumar K. Rae, Adve.]

AND:

The State of Karnatakagbyg _
ChamarajapethPoliee.Station¢1W
Bafl9alore.5 ' '"l ll" "

RESPONDENT/S

{By Srirflajafsfihramanya Bhat}"HCGP.]

"W§**

This or; 9.715-filed u/Section 439 Cr.P.C by
the Advocate for the petitioner praying to enlarge

x"the-_fietitioner Von bail in Crime No 87/09 of

Chamaiajapet* Police Station, Bangalore, for the

hoffences,p/fi[s$,143, 144, 147, 148, 302 r/w 149 of

IPC;

'ThéeéCr1.Bm coming on for Orders on this day,

lthe Court made the following:

ORDER

These petitions have been field having been

liharrested and chargesheeted for the offenigiww

punishable under Sections 143, 144, 147, 14.3, 302

r/W. 149 IPC.

2. The facts relevant for the purpose of thesewk

petitions are as under:

The petitioner in lthez main icafiég is “accused
No.9, whereas the petitioner in the connected matter
is accused No.10. in the year 2003, the deceased
and one Krishnamurthyiz were! lassaulted by the
followers ‘of;-1 that connection,
the deceased had §:gesl5~§§§plalnt against the said
accusedi “ySo y stars “was [previous enmity between

accused Nofl and the deceased.

.lt is the case of the prosecution that on the

date, cflvthed-incident i.e-, on 26.03.2009, accused

Nos?1;t6tl2_formed an unlawful assembly with deadly

V _weapons like longs, choppers, knives etc. and caused

“lxthe death of Narasimhamurthy by assaulting him with

d_the=said weapons.

3. The petitioners submit that they are
innocent and they have not committed any crime, much

less the one alleged against them. They have been

34

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31:” 7; . P 2 C?

hind side of the neck of the deceased, ,whereas
accused No.10 has caused assault on the back of the

deceased with knives. Hence, he submits that there

is prima facie case agaisnt mthe –fietitioners =andg

requests to reject both the petitions}, .d

5. I have heard the Jearned connsel for the

petitioners and also the learned Government Pleader.

6. The paint that arises for hy consideration

is;

,v’*Whether§” “”” ‘the xpétitioners are

entitled to~V:”tc,he»_]oa.i”l_.sought for?

. ?. ‘The pergsal of the record reveal that at

Ax the ,first, instances, C.W.2«Srinivasa, who is none

other than the injured witness states that about 6~7

_persons (caused. the assault on the deceased. Any

hixhow, his statement was recorded later on 28.03.2009

°_in which he has stated that accused Nos 1 to 12 have

V” caused assault with longs, choppers and knives. So

.far as accused No.1 is concerned, he has caused

assaulted with long on the head of the deceased and

particularly there is enmity’ between the deceased

54,

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ii) They shall not cause any threat,*,
force, coercion or influence ;teV,*

any of the prosecution witnesse§;[f, ”

Ksm*