Allowed

Sri Deekshith v. the State of Karnataka

Karnataka HC4 Mar 2021CRL.P/1525/2021

Case brief

AI extract

What is this about?

In a criminal petition under Section 438 Cr.P.C., the High Court of Karnataka allowed the petitioner's plea for anticipatory bail. The court noted the petitioner was implicated only in the charge sheet while main allegations targeted other accused.

What did the court decide?

Anticipatory bail granted with personal bond of Rs.1,00,000/-, two sureties, and appearance before Investigating Officer within fifteen days.

Sri Deekshith Vs the State of Karnataka — Bail and Remand | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF MARCH, 2021 BEFORE

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THE HON'BLE MR. JUSTICE K. NATARAJAN

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CRIMINAL PETITION No.1525/2021

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BETWEEN:

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Sri Deekshith s/o. Madhava aged about 30 years R/at. No.4-85, Anitha Nivasa Mogaveera Patana, Ullal Mangaluru-575 020

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.. Petitioner

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(By Sri Suyog Herele E., Advocate)

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AND:

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The State of Karntaka Through Ullal Police Station Mangaluru City Rep.by SPP High Court of Karnataka Building Bengaluru-560 001

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.. Respondent

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(By Sri K.Nageshwarappa, HCGP)

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This Criminal Petition is filed under Section 438 of Cr.P.C. praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in the event of his arrest in Cr.No.198/2014 registered by Ullal Police Station, Mangaluru, D.K. District for the offences punishable under Sections 307, 326 r/w. Section 34 of IPC.

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This Criminal 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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This petition is filed by accused No.3 under Section 438 of Cr.P.C. for granting anticipatory bail in Crime No.198/2014 registered by Ullal Police Station for the offences punishable under Sections 324, 307 r/w. Section 34 of IPC.

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The case of the prosecution is that on the complaint filed by one Ashraf before the police on 23.6.2014 alleging that on the said date accused persons said to have come on motorcycle and assaulted the injured with dagger and caused grievous injuries, the police have registered the case against the accused persons.

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After registering the case, police have arrested other accused persons and they have been remanded to judicial custody. The police have shown this petitioner as accused No.3 and as he was absconding, the trial Court issued NBW against him. Hence, this petitioner approached

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the Sessions Court for grant of anticipatory bail by filing a petition which came to be rejected. Hence, he is before this Court.

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Learned counsel appearing on behalf of the petitioner-accused No.3 has contended that the petitioner is innocent of the alleged offences; his name has been falsely implicated by the police and only in the charge sheet, his name has been included; absolutely no overt act is attributed against him for having committed the alleged offences. The investigation is already completed and entire allegation goes only against accused Nos.1 and 2, who are already released on bail. Hence, on the ground of parity, he is also entitled to be released on bail. Therefore, he prayed for allowing the petition.

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Per contra , the learned HCGP has objected the petition contending that this petitioner was absconding from the initial stage of registering the case and if he is granted bail, again he may abscond and tamper with the

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prosecution witnesses. Therefore, he prayed for dismissal of the petition.

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Upon hearing the arguments and perusal of the records available, it reveals that the alleged crime has been committed on 23.6.2014 and accused Nos.1 and 2 have been granted bail by the Sessions Court. It also reveals that the charge sheet has been filed by the police after completion of investigation. This petitioner was shown as absconding accused and therefore the case was split up against this petitioner and committal Court committed the case to the Sessions Court for trial. After issuance of NBW, this petitioner approached the Sessions Court for grant of anticipatory, which came to be rejected. Hence, he has filed the present petition.

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Upon considering the facts and circumstances of the case and non mentioning of this petitioner in FIR and mentioning his name only in the charge sheet so also the main allegations go against accused Nos.1 and 2 who have assaulted the injured, without expressing anything on

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merits of the matter, I am of the view that this is a fit case to grant anticipatory bail to the petitioner.

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Accordingly, the petition is allowed .

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The respondent-Police are directed to release the petitioner-accused No.3, namely Sri Deekshith, on bail in the event of his arrest in Crime No.198/2014 registered by Ullal Police Station for the offences punishable under Sections 324, 307 r/w. Section 34 of IPC, 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 One Lakh only) with two sureties for likesum to the satisfaction of the Investigating Officer/Committal Court.

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ii) He shall appear before the Investigating Officer/Committal Court within fifteen days from the date of receipt of copy of this order.

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iii) He shall move before the Committal Court for regular bail. After disposal of bail

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petition, the Committal Court is directed to commit the case to the Court of Sessions to try the case along with the main case.

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Sd/JUDGE

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*ck/-

Sri Deekshith v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Deekshith v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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