Allowed

Malagondappa S/O Basawantraya Andani v. the State of Karnataka

Karnataka HC13 Jun 2016CRL.P/200610/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka granted bail to the second accused in a murder case involving 14 accused. The Court held that attributing injuries to specific accused in a large conspiracy is a matter for trial. Bail granted subject to standard conditions.

What did the court decide?

Petitioner enlarged on bail subject to a self-bond of Rs.50,000 with a solvent surety, not leaving the jurisdiction, cooperating in investigation, and attending hearings.

Malagondappa S/O Basawantraya Andani Vs the… — Murder and Culpable Homicide | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

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DATED THIS THE 13^TH DAY OF JUNE, 2016

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BEFORE

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THE HON’BLE MR.JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION NO.200610/2016

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BETWEEN:

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Malagondappa S/o Basawantraya Andani Age: 35 years, Occupation: Agriculture, Resident of Gounalli Village, Taluk: Jewargi, District: Kalaburagi.

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… PETITIONER

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(Smt. Anuradha Desai, Advocate for Shri Mahantesh Desai, Advocate)

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AND:

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The State of Karnataka Through Jewargi Police Station, Represented by Additional Sate Public Prosecutor High Court of Karnataka Kalaburagi Bench.

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… RESPONDENT

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(Shri P.S. Patil, Government Pleader)

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This Criminal Petition is filed under Section 439 of Code of Criminal Procedure, 1973, praying to release the accused/petitioner on bail in Crime No.194/2015 of Jewargi Police Station, which is registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 302, 447, 504, 506 read with Section 149 of Indian Penal Code.

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This petition coming on for orders this day, the Court made the following:

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O R D E R

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Heard the learned Counsel for the petitioner and the

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learned Government Pleader.

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The petitioner is arrayed as accused No.2 before the Court below. There were as many as 14 accused in the case on hand, in the following background:

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It transpires that one Gundappa and the accused had a dispute over their landed properties. It is alleged that on 18.07.2015 all the accused persons were engaged in removing a bund with the help of an earth mover by tress-passing into

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Gundappa’s land, at which point of time, when Gundappa and others questioned as to why they had tress-passed into his land, the accused persons are said to have attacked Gundappa and are said to have assaulted him with an axe and a club, as a result of which Gundappa is said to have sustained grievous injuries and had died on the spot. It was alleged that the present petitioner has caused serious injuries with an axe which has resulted in the death of Gundappa.

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On the other accused having approached the Court below

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seeking bail, the Court below thought it fit to grant bail to accused Nos.4 to 14, while refusing bail to accused Nos.1 to 3 on the ground that the allegations indicated against them was that it was accused Nos.1 to 3 who had caused serious injuries to Gundappa, resulting in his death and had accordingly negatived their claim for bail. However, this Court had thought it fit to independently grant bail in two criminal petitions namely, Criminal Petition No.20058/2016 dated 20.04.2016

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and Criminal Petition No.200287/2016 dated 17.03.2016 to accused Nos.1 and 3. By the same token of reasoning that when a large number of accused are involved, attributing the injuries caused, to any one of the accused, becomes a difficult exercise and it would be a matter to be decided at the trial. It is on this reasoning that accused Nos.1 and 3 have been granted bail. By the same token of reasoning, the present petitioner is also entitled to be enlarged on bail.

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Therefore, the petition is allowed. The petitioner shall be enlarged on bail subject to the following conditions:

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i. The petitioner shall offer self bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety for a like sum to the satisfaction of the Trial Court.

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ii. The petitioner shall not leave the jurisdiction of the Court below without the leave of the Court.

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iii. The petitioner shall offer all co-operation in the investigation of the offence.

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iv. The petitioner shall make himself available for further investigation at all points of time.

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v. The petitioner shall attend the Court on all dates of hearing of the case.

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vi. The petitioner shall not, in any manner, seek to tamper with the prosecution evidence.

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Malagondappa S/O Basawantraya Andani v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Malagondappa S/O Basawantraya Andani 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

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