Karnataka High Court Grants Bail in Murder Case - ‘Sudden Quarrel’ and Lack of Intention to Kill”

On 19^th July 2023, In a significant ruling, the High Court of Karnataka granted bail to the three accused involved in a criminal case of fatal assault, highlighting that the incident arose from a “sudden quarrel” and lacked any apparent intention to cause death. The case, titled Criminal Petition No. 4377 of 2023, saw the accused charged under Sections 504, 448, 323, 324, 354, and 302 read with Section 34 of the Indian Penal Code (IPC) after the complainant succumbed to injuries sustained during the altercation.*

The court, presided over by the Hon’ble Mr. Justice Mohammad Nawaz, observed that there was no evidence suggesting the accused had intended to cause fatal injuries. The judgment noted that both parties had sustained injuries during the altercation, and a counter-complaint was also registered in connection with the same incident.

Justice Mohammad Nawaz, in his order, stated: “At this stage, it cannot be said that there was any intention on the part of the accused to do away with the life of the deceased. However, it is a matter for trial.” He emphasized that the prosecution must establish the charges against the accused in a full-fledged trial.

The incident occurred on 2^nd April 2023, when a group of three youths, allegedly drunk and playing loud music, created a disturbance on the road. The complainant confronted them, leading to a verbal altercation and physical assault. Both parties sustained injuries in the confrontation, and the complainant succumbed to pulmonary embolism resulting from multiple injuries on 5^th April 2023.

The court granted bail to the accused – Mr. Anirudha Samantaray, Mr. Basudev Samantaray, and Mr. Abhishek Singh – subject to certain conditions, including executing a personal bond and providing sureties. The petitioners must also attend the concerned police station regularly and refrain from tampering with witnesses or committing any further offenses.

The High Court’s decision offers temporary relief to the accused, who have maintained their innocence and will now await the full trial to ascertain their legal fate.*

DATE OF DECISION: 19th July 2023

MR.ANIRUDHA SAMANTARAY vs THE STATE OF KARNATAKA