Allowed

Shri Gagan Ananth @ Anand Sannakki v. the State of Karnataka

Karnataka HC20 Oct 2020CRL.P/101239/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka enlarged accused No.3 on bail in a murder case. After hearing arguments and noting that co-accused Nos.1 and 2 were already released on bail in similar circumstances, the court granted bail based on parity principles, subject to standard conditions.

What did the court decide?

Release of the petitioner/accused No.3 on bail in Crime No.3/2020 of Shahapura Police Station upon execution of a personal bond of Rs.1,00,000 with two sureties.

Shri Gagan Ananth @ Anand Sannakki Vs the… — Murder and Culpable Homicide | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 20^TH DAY OF OCTOBER 2020

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BEFORE

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THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO.101239 OF 2020

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BETWEEN:

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SHRI. GAGAN ANANTH @ ANAND SANNAKKI, AGE: 25 YEARS, OCCUPATION: COOLIE, R/O. C/O. MALLAPPA BHIMAPPA KALASANNAVAR, HOSUR BASAWAN GALLI, NEAR JAI MALHAR HOTEL, IN FRONT OF PATSON SHOWROOM, SHAHAPUR, BELAGAVI, TALUKA & DISTRICT: BELAGAVI. … PETITIONER [BY SRI. DEEPAK S.KULKARNI, ADV.] AND: THE STATE OF KARNATAKA, THROUGH P.I. SHAHAPUR POLICE STATION, TALUK & DISTRICT: BELAGAVI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. … RESPONDENT

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[BY SMT. SEEMA SHIVA NAIK, HCGP.]

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THIS CRIMINAL PETITION IS FILED BY ACCUSED NO.3 UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE HIM ON BAIL IN C.C. NO.135/2020 [SHAHAPUR P.S. CRIME NO.3/2020],

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FOR THE OFFENCE PUNISHABLE U/S. 302 R/W. 34 OF IPC, PENCING BEFORE THE JMFC III COURT, BELAGAVI.

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

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ORDER

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Heard the learned counsel for the petitioner and the

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learned HCGP for the respondent/State.

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Petitioner is arraigned as accused No.3 in Crime No.3/2020 of Shahapura Police Station, Belagavi. Investigation is completed and charge-sheet has been filed for the offence punishable under Sections 302 r/w. 34 of IPC.

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The case of the prosecution is that;

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On 14.01.2020 at about 10.30 p.m. deceased

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Mohammad Samiulla went to Maharaja Wine shop to drink liquor. Accused Nos.1 to 3 were also in the said wine shop. Deceased asked accused No.1 to give him a match box. When the said accused told him to ask the waiter, the deceased abused him in filthy language. Accused

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Nos.1 to 3 telling the deceased that they will give him the match box took him near the land of one Yellappa Tippanna Ramannavar, with an intention to commit his murder. They picked up quarrel with him and accused No.1 assaulted him with a beer bottle on his head. When the deceased started running, all the accused chased him and assaulted him with Garasine hente. Accused No.3 stamped on his neck and accused Nos.1 and 2 kicked him and they committed his murder.

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According to the post-mortem report, death is due to head injury sustained by blunt force impact. There are no eyewitnesses to the incident in question. The case rests on circumstantial evidence. The prosecution is relying on the statement of the witnesses who speak about the quarrel between the deceased and the accused in the wine shop and the last seen theory. Blood stained cloths are stated to be recovered at the instance of the accused.

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Learned counsel for the petitioner submits that

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similarly placed accused Nos.1 and 2 have been enlarged

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on bail by this Court. He submits that charge-sheet is filed and therefore similar relief may be granted to the present petitioner.

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Accused Nos.1 and 2 are already released on bail by this Court in Crl.P. No.100776/2020 C/w. Crl.P. No.100651/2020 vide Order dated 18.08.2020. The petitioner is similarly placed. He is in judicial custody since 17.01.2020. Investigation is completed and charge-sheet has been filed. Hence, the petitioner is entitled for the relief sought on the ground of parity. Accordingly, the following:

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ORDER

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Petition is allowed.

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The petitioner/accused No.3 shall be released on bail in Crime No.3/2020 of Shahapura Police Station, subject to the following conditions:

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(i) The petitioner shall execute a personal bond in a sum of Rs.1,00,000/- [Rupees

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One Lakh Only] with two sureties for the likesum to the satisfaction of the jurisdictional Court.

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(ii) The petitioner shall not indulge in tampering the prosecution witnesses in any manner.

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(iii) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till disposal of the case.

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(iv) The petitioner shall be regular in attending the trial proceedings.

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(v) The petitioner shall furnish his correct address to the Court and shall intimate regarding change in address, if any.

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Sd/JUDGE

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Ksm*

Shri Gagan Ananth @ Anand Sannakki v. the State of Karnataka

Case brief

What is this about?

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Shri Gagan Ananth @ Anand Sannakki v. the State of Karnataka

Case brief

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