Partly allowed

Naveena v. the State of Karnataka

Karnataka HC10 Dec 2014CRL.P/7261/2014

Case brief

AI extract

What is this about?

The High Court of Karnataka granted bail to Petitioners 5 and 6 charged with murder and rioting. The court dismissed the petitions of Petitioners 1 to 4 as withdrawn. It allowed the petitions of Petitioners 5 and 6 on personal bond conditions.

What did the court decide?

Bail allowed for Petitioners 5 and 6 on personal bond of Rs. 50,000 each with two sureties, subject to specified conditions.

Naveena Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2014)

¶1

CRL.P.7261/2014

¶2

-1-

¶3

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

¶4

DATED THIS THE 10^TH DAY OF DECEMBER, 2014

¶5

BEFORE

¶6

THE HON’BLE MR.JUSTICE A.S.PACHHAPURE

¶7

CRIMINAL PETITION No.7261/2014

¶8

BETWEEN:

¶9

NAVEENA, S/O M.D.SHANKARA, AGE: 30 YEARS.

¶10

BUDURU MANJA, S/O VASUDEVA, AGE: 28 YEARS.

¶11

RAGHU, S/O KUNTA SHIVANNEGOWDA, AGE: 26 YEARS.

¶12

RANJU, S/O SHIVANNEGOWDA, AGE: 26 YEARS.

¶13

KAPPADI HARISHA, S/O NARAYANAGOWDA, AGE: 29 YEARS.

¶14

PAVAN, S/O SWAMYGOWDA, AGE: 20 YEARS.

¶15

ALL ARE RESIDENTS OF HEBBALU KOPPALU VILLAGE, TALUK: K.R.NAGAR, DISTRICT: MYSORE.

¶16

…PETITIONERS

¶17

(BY SRI CHANDRAMOULI.H.S, ADV.)

CRL.P.7261/2014

-2-

AND

THE STATE OF KARNATAKA, BY K.R.NAGARA POLICE STATION, MYSORE (D), REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.

¶22

…RESPONDENT

¶23

(BY SRI B.VISWESWARAIAH, HCGP)

¶24

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL WHO HAVE BEEN ARRAYED ACCUSED NOS.2, 4,8, 10, 11 AND 12 AND ARRESTED IN CRIME NO.368/2014 ON THE FILE OF K.R.NAGARA POLICE STATION, MYSORE FOR THE OFFENCES P/U/S 143, 144, 147, 148, 323, 324, 307, 302 R/W 149 OF IPC.

¶25

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

¶26

ORDER

¶27

The petitioners have approached this Court for

¶28

grant of bail having been arrested for the offences punishable under Sections 143, 147, 148, 323, 324, 307 and 302 of IPC by the K.R.Nagara Police Station, Mysore.

¶29

The facts reveal that on 10.09.2014, there

¶30

was an orchestra programme in relation to Ganesha festival and there was some quarrel between the

¶31

CRL.P.7261/2014

¶32

-3-

¶33

injured and the petitioners. Later, on 11.09.2014 at

¶34

about 9.45 p.m., the petitioners and other accused are said to have formed an unlawful assembly with an intention to cause the death of Manja and injuries to others. They were armed with deadly weapons like clubs, choppers and stones etc., and said to have caused the assault on Manja and injuries to Prabhakar and Eeregowda. In the circumstances, injured persons were taken to the hospital and Manja succumbed to the injuries. A complaint came to be registered and in the course of the investigation, the petitioners have been arrested.

¶35

3. Learned counsel for the petitioners does

¶36

not press the petition so far as petitioner Nos.1 to 4 are concerned. In the circumstances, the petition so far as petitioner Nos.1 to 4 are concerned is dismissed as withdrawn with a liberty to file an application after charge sheet is filed. So far as petitioner Nos.5 and 6 are concerned, it is his submission that the names of petitioner Nos.5 and 6

¶37

CRL.P.7261/2014

¶38

(accused Nos.11 and 12) did not appear in the complaint filed and he submits that they have not shared any common intention to cause the death of Manja and injuries to other two persons. Hence, he seeks bail for the said petitioners.

¶39

application.

¶40

Considering the material placed on record, it reveals that the names of petitioner Nos.5 and 6 were not found in the First Information Report and their part played in the incident is not stated. In the circumstances, I am of the opinion that it is a fit case where bail has to be granted to petitioner Nos.5 and 6 (accused Nos.11 and 12) with certain conditions.

¶41

Consequently, the petition is allowed-inpart. The request of petitioner Nos.1 to 4 is dismissed as withdrawn. Petitioner Nos.5 and 6 (accused Nos.11 and 12) are ordered to be released on

¶42

CRL.P.7261/2014

¶43

-5-

¶44

bail on their executing personal bond for a sum of

¶45

Rs.50,000/- each with two solvent sureties each for the likesum to the satisfaction of the Court below

¶46

with further following on conditions:

¶47

i) Petitioner Nos.5 and 6 (accused Nos.11 and 12) shall attend the concerned Police Station on every Sunday in between 10.00 a.m. to 11.00 a.m. until further orders.

¶48

ii) They shall appear before the Court regularly;

¶49

iii) They shall not tamper with the prosecution witnesses or the material evidence;

¶50

iv) Violation of any one of the above conditions would result in cancellation of this bail order.

¶51

Sd/JUDGE

¶52

Naveena v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Naveena v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Beerappa @ Beeregowda C Vs Ananda

Beerappa @ Beeregowda C Vs S R Krishnappa

Sri Balabadruni Suresh @ Vs State by D.J.Halli Police Station

Gurudath Vs State of Karanataka

Sunilkumar @ Gopi Vs State by Kadugodi Police

Mrs Vishalakshi Vs State of Karnataka