Allowed

Mr Ashitosh @ Ashish Mahaveer Kudachi v. the State of Karnataka

Karnataka HC18 Nov 2020CRL.P/101183/2020

Case brief

AI extract

What is this about?

In a criminal petition filed under Section 439 Cr.P.C., the Karnataka High Court granted bail to three petitioners in a case involving offences under Sections 307, 326, 341, 504, and 506 of IPC. Bail was granted due to the investigating agency's failure to file a charge-sheet within the statutory 90-day period under Section 167 Cr.P.C.

What did the court decide?

Petition allowed; respondents directed to enlarge petitioners on bail under sections 307, 326, 341, 504, 506 IPC subject to bond and conditions.

Mr Ashitosh @ Ashish Mahaveer Kudachi Vs the State of… — Bail and Remand | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF NOVEMBER, 2020

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BEFORE:

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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CRIMINAL PETITION NO.101183 OF 2020

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BETWEEN :

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MR. ASHITOSH @ ASHISH S/O MAHAVEER KUDACHI @ KUDACHI AGE: 20 YEARS, OCC: PRIVATE SERVICE,

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ABHI @ ABHISHEK S/O JAYAPAL CHOUGALE @ CHOUGALE AGE: 27 YEARS, OCC: PRIVATE SERVICE,

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VINAYAK S/O JATAGONDA @ JYOTIGOUDA PATIL AGE: 26 YEARS, OCC: PRIVATE SERVICE,

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ALL ARE R/O KAGAWAD VILLAGE TQ: KAGWAD, DIST: BELAGAVI. … PETITIONERS

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[BY SRI. HARSHWARDHAN M PATIL FOR SRI. M.H.PATIL, ADVOCATES]

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AND :

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STATE OF KARNATAKA, BY KAGWAD POLICE STATION, ATHANI R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DHARWAD BENCH. ... RESPONDENT

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[ BY SRI. K.NAGESHWARAPPA, HCGP]

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN KAGWAD PS CRIME NO.26/2020 FOR THE OFFENCES PUNISHABLE U/SEC. 307, 326, 341, 504 AND 506 R/W SEC. 34 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS, THROUGH VIDEO CONFERENCE AT PRINCIPAL BENCH, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking for their enlargement on regular bail in respect of Crime No.26/2020 of Kagwad Police Station, Belagavi District, for the offences punishable under Sections 307, 326, 341, 504, 506 r/w. 34 of IPC.

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Admittedly, the petitioners were arrested and remanded to judicial custody on 18.08.2020. Subsequent thereto, the petitions are filed on 21.09.2020. Charge-sheet has not been laid even on today i.e., after lapse of 90 days from the date of remand. Under Section 167 of Cr.P.C., it is required that the charge-sheet is to laid within a period of 90 days from the date of arrest and order of remand of the accused. The same not being done, the petitioners/accused are automatically entitled to an

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order of bail due to the default on part of the Investigating Agency.

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The above being the circumstances, the facts are not required to be adverted to on account of statutory provision under Section 167 of Cr.P.C. coming into operation immediately on the expiry of 90 days after remand, hence, the petition is required to be allowed. Hence, I pass the following:

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ORDER

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The petition filed under Section 439 of Cr.P.C. is allowed. The respondent is directed to enlarge the petitioners on bail in connection with Crime No.26/2020

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of Kagwad Police Station, Athani for the offences punishable under Sections 307, 326, 341, 504 and 506 read with 34 of IPC subject to the following conditions:

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1. The petitioners shall execute a bond for a sum of Rs.2,00,000/- [Rupees Two Lakhs] each with two sureties for the likesum.

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1. The petitioners shall not threaten or tamper the prosecution witness/s in any manner.

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1. The petitioners even though enlarged on bail shall co-operate with the Investigating Officer in respect of the investigation being carried on.

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1. The petitioners shall not leave the jurisdiction of the Magistrate without prior written permission from the Magistrate till disposal of the case.

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1. The petitioners shall mark their attendance before the Investigating Officer between 10.30 a.m. and 5.00 pm on first Sunday and third Sunday of every month.

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1. The petitioners shall furnish the details of the property said to be owned by the family of the petitioners to the Investigating Officer to be used as security in the event of the petitioners at any point of time absconding.

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Ksm*

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Sd/- JUDGE

Mr Ashitosh @ Ashish Mahaveer Kudachi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Ashitosh @ Ashish Mahaveer Kudachi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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