Dismissed

Nagendra S/O. Satteppa Pujari v. the State of Karnataka

Karnataka HC10 Sept 2018CRL.P/100441/2018

Case brief

AI extract

What is this about?

This is a bail petition under Section 439 Cr.P.C. filed for an accused in a murder charge. The High Court dismissed the petition, holding that without evidence of changed circumstances or favorable circumstances arising during the evidence stage, there was no basis to reconsider the earlier rejection of bail. The plea for bail was rejected.

What did the court decide?

Petition for regular bail dismissed; no liberty granted to move again until evidence stage is concluded.

Nagendra S/O. Satteppa Pujari Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2018)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 10^th DAY OF SEPTEMBER 2018

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BEFORE

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THE HON’BLE MRS.JUSTICE K.S.MUDAGAL

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CRIMINAL PETITION No.100441 OF 2018

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BETWEEN:

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NAGENDRA S/O. SATTEPPA PUJARI AGE: 26 YEARS, OCC:AGRICULTURE, R/O. JANAWAD, TQ:JAMKHANDI, DIST:BAGALKOT.

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... PETITIONER

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(By Sri. MAHANTESH PATIL ADV.)

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AND:

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THE STATE OF KARNATAKA THROUGH PSI SAVALAGI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT DHARWAD.

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... RESPONDENT

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(By Sri. PRAVEEN K.UPPAR, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO ENLARGE THE PETITIONER ON REGULAR BAIL FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 307 R/W/S 149 OF IPC IN CRIME NO.183/2016 OF SAVALAGI P.S., IN THE INTEREST OF JUSTICE AND EQUITY.

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This Petition coming on for Orders , this day the Court made the following:

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: 2 : Crl.P. No.100441/2018

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O R D E R

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The petitioner is accused No.3 in Crime No.183/2016 which is now pending in S.C. No.28/2017 before the I Additional Sessions Judge, Bagalkote, sitting at Jamkhandi.

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Petitioner and three others are being tried in the said case for the offences punishable under Sections 143, 147, 148, 307 read with Section 149 of the Indian Penal Code, 1860, on the basis of the charge-sheet filed by Savalagi police in Crime No.183/2016 of their police station.

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It is alleged that on 29.10.2016 at 09.30 p.m. when the victim Mahadeva CW-4 was attending nature’s call near petrol pump on JamkhandiVijayapura Highway, near Chikkalagi Cross, accused Nos.1 to 5 due to previous ill-will regarding the landed property, armed with chopper accosted him. It is further alleged that after accused No.5 gagged the face of CW-4 with towel, accused No.1 assaulted

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: 3 : Crl.P. No.100441/2018

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on his neck with chopper and caused severe throat

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injuries. The victim died on 14.10.2017.

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As per the post-mortem report, death is because of the injuries suffered by him. This Court has rejected the earlier bail application of the petitioner in Criminal Petition No.10714/2017 reserving liberty to him to move this Court when the case reaches the stage of evidence. It is submitted that now the evidence is being recorded.

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As per the charge-sheet records, there are eye-witnesses to the incident. Though it is submitted that the case has reached the evidence stage, nothing is produced to show that there are any favourable circumstances to the petitioner in the evidence so far recorded by the Court. There are no changed circumstances to reconsider the matter. Therefore, the petition is dismissed.

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Sd/JUDGE

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RK/-

Nagendra S/O. Satteppa Pujari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Nagendra S/O. Satteppa Pujari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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