Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services -- Free for one month.\n\nKarnataka High Court\nSri. Abhishek vs The State Of Karnataka on 2 January, 2024Bench: H.P.Sandesh\n                                               -1-\n                                                                NC: 2024:KHC:89\n                                                       CRL.P No. 11189 of 2023\n\n\n\n\n                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU\n\n                           DATED THIS THE 2ND DAY OF JANUARY, 2024\n\n                                            BEFORE\n\n                             THE HON'BLE MR JUSTICE H.P.SANDESH\n\n                            CRIMINAL PETITION NO. 11189 OF 2023\n\n                   BETWEEN:\n\n                   1.    SRI. ABHISHEK\n                         S/O. KESHAVAMURTHY,\n                         AGED ABOUT 23 YEARS,\n                         R/AT POOGANAHALLI VILLAGE,\n                         KYASAMBALLI HOBLI,\n                         K.G.F. TALUK,\n                         KOLAR-563 115.\n                                                              ...PETITIONER\n                            (BY SRI. NANJUNDA GOWDA M.R., ADVOCATE)\n                   AND:\n\n                   1.    THE STATE OF KARNATAKA\n                         BY BETHAMANGALA POLICE STATION,\n                         KOLAR DISTRICT,\n                         REPRESENTED BY STATE PUBLIC PROSECUTOR,\nDigitally signed\nby SHARANYA T            BENGALURU-560 001.\nLocation: HIGH                                               ...RESPONDENT\nCOURT OF\nKARNATAKA\n                              (BY SRI. VINAY MAHADEVAIAH, ADVOCATE)\n\n                          THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO\n                   ENLARGE THE PETITIONER ON BAIL IN CR. NO.118/2021 OF\n                   BETHAMANGALA P.S., K.G.F FOR THE OFFENCE P/U/S 302 AND\n                   201 OF IPC, NOW PENDING ON THE FILE OF THE III ADDL.\n                   DISTRICT    AND   ESSIONS   JUDGE    KOLAR   AND    C/C   III\n                   ADDITIONAL SESSIONS JUDGE KOLAR (SITTING AT KGF), IN\n                   S.C.NO.12/2022.\n                                   -2-\n                                                   NC: 2024:KHC:89\n                                          CRL.P No. 11189 of 2023\n\n\n\n\n      THIS PETITION COMING ON FOR ORDERS THIS DAY, THE\nCOURT MADE THE FOLLOWING:\n                                 ORDER\n\n        This is a successive bail petition filed under Section 439\n\nof Cr.P.C. seeking regular bail of the petitioner/accused in\n\nCrime        No.118/2021    of    Bethamangala     Police   Station,\n\nBethamangala Circle, K.G.F., for the offences punishable under\n\nSections 302 and 201 of IPC.\n\n\n        2.     Heard the learned counsel for the petitioner and the\n\nlearned High Court Government Pleader appearing for the\n\nrespondent-State.\n\n\n        3.     This Court earlier rejected the bail petition of this\n\npetitioner vide order dated 07.06.2022 in Crl.P.No.3959/2022\n\non the ground that the weapon which was used for committing\n\nthe offence was seized at the instance of this petitioner. Apart\n\nfrom that, blood stained clothes of the accused are seized and\n\nhence, comes to the          conclusion that there is a sound\n\ncircumstance against the petitioner and unless FSL report is\n\nreceived, it is not a fit case to grant bail.\n                                   -3-\n                                                NC: 2024:KHC:89\n                                        CRL.P No. 11189 of 2023\n\n\n\n\n        4.   Now, learned counsel for the petitioner has brought\n\nto notice to this Court the test report with regard to test\n\nconducted on the autopsy samples of stomach and its contents,\n\nportion of lungs, liver, kidney, spleen, heart and brain and also\n\npreservative used i.e., saturated solution of sodium chloride\n\nand contend that the same is not helpful to the case of\n\nprosecution. Learned counsel would further submit that P.Ws.1\n\nto 5 have been examined before the Trial Court and there are\n\n34 charge-sheeted witnesses and it takes time to consider the\n\nmatter on merits and hence, the petitioner may be enlarged on\n\nbail.\n\n\n        5.   Per contra, learned HCGP for the respondent-State\n\nwould submit that FSL report is received and the chopper which\n\nwas seized at the instance of the petitioner was stained with\n\nthe blood of the deceased and clothes of the accused are also\n\nseized and the blood group is 'O' positive and the same belongs\n\nto the blood group of the deceased and there are sound\n\ncircumstances against the petitioner as observed by this Court\n\nand mere examination of five witnesses is not a ground to\n\nenlarge the petitioner on bail.\n                                 -4-\n                                                   NC: 2024:KHC:89\n                                         CRL.P No. 11189 of 2023\n\n\n\n\n      6.    Having heard the learned counsel for the petitioner\n\nand learned HCGP for the respondent-State, no doubt, this\n\nCourt in Para No.6 of the earlier order while rejecting the bail\n\npetition   made    an    observation    that   case    rests   upon\n\ncircumstantial evidence, this Court also taken note of the fact\n\nthat C.W.2 is the last seen witness, who had seen the victim as\n\nwell as the accused 15 minutes prior to committing the alleged\n\nmurder and his statement was also recorded on 04.11.2021.\n\nThis Court also further taken note of the fact that there was\n\nrecovery of the weapon and blood stained clothes at the\n\ninstance of this petitioner and the same were sent to FSL and\n\nthe FSL report is positive in respect of Articles Nos.1, 3, 4, 6, 7,\n\n8 and 9 i.e., chopper, shirt said to be seized from the accused,\n\nblood sample, banian, underwear, towel and lungi of the\n\ndeceased and blood group is 'O' positive. When the FSL report\n\nis positive with regard to the chopper as well as the clothes\n\nseized at the instance of the accused and this Court also comes\n\nto the conclusion that there is sound circumstance against the\n\npetitioner, it is not a fit case to exercise the discretion in favour\n\nof the petitioner at this juncture.\n                                 -5-\n                                                  NC: 2024:KHC:89\n                                         CRL.P No. 11189 of 2023\n\n\n\n\n      7.     The contention of the learned counsel for the\n\npetitioner that there are 34 charge-sheeted witnesses is not a\n\nground to exercise the discretion in favour of the petitioner,\n\nsince the weapon which was seized at the instance of the\n\npetitioner and his clothes are stained with the blood of the\n\ndeceased and the same has to be explained by the petitioner\n\nduring the course of the trial. Hence, I do not find any ground\n\nto enlarge the petitioner on bail considering the evidence\n\navailable on record i.e., the evidence of P.Ws.1 to 5 and the\n\nfact that there is a sound circumstance against the petitioner\n\nhas been proved consequent upon the FSL report received.\n\nLearned counsel for the petitioner would submit that liberty\n\nmay be given to approach this Court after the panch witnesses\n\nto the seizure of chopper and clothes are examined before the\n\nTrial Court. The said submission is noted.\n\n\n      8.     In view of the discussion made above, I pass the\n\nfollowing:\n\n                                 ORDER\n\n\n      (i)    The criminal petition is rejected.\n\n     (ii)    However, liberty is given to the petitioner to\n             approach this Court after       examination of\n                                  -6-\n                                                  NC: 2024:KHC:89\n                                        CRL.P No. 11189 of 2023\n\n\n\n\n              panch witnesses with regard to seizure of\n              chopper and also the clothes of the accused\n              and deceased.\n\n      (iii)   The Trial Court is also directed to dispose of\n              the matter as expeditiously as possible.\n\n                                          Sd/-\n                                         JUDGE\n\n\nST\nList No.: 1 Sl No.: 59