Dismissed

Shri Shashikant S Timmapur v. Shri Pradeep S/O Balasaheb Narashetti

Karnataka HC26 Oct 2023CRL.P/100070/2023

Case brief

AI extract

What is this about?

Three criminal petitions filed by a complainant seeking cancellation of anticipatory bail and demanding arrest of accused persons were disposed of by the High Court. The court held that the petitions did not survive and stood abated as the complainant died on 01.10.2023.

What did the court decide?

Petitions stood abated and disposed off as the complainant died.

Shri Shashikant S Timmapur Vs Shri Pradeep S/O Balasaheb… — Anticipatory Bail | Karnataka HC (2023)

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NC: 2023:KHC-D:12596 CRL.P No. 100070 of 2023 C/W CRL.P No. 100072 of 2023, CRL.P No. 101241 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH

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CRIMINAL PETITION NO. 100070 OF 2023

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C/W

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CRIMINAL PETITION NO. 100072 OF 2023

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CRIMINAL PETITION NO. 101241 OF 2023

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IN CRL.P NO.: 100070/2023

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BETWEEN:

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SHRI. SHASHIKANT S. TIMMAPUR AGE ABOUT: 55 YEARS, H.NO.216/1, SUBHASH GALLI, 2^ND CROSS, OLD GANDHI NAGAR, BELAGAVI-590016.

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Digitally
signed by V
V N N BADIGER
BADIGER Date:2023.10.30
12:19:26
+0530

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…PETITIONER

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(SRI. SHASHIKANT S TIMMAPUR-PARTY IN PERSON)

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AND:

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SHRI. PRADEEP S/O BALASAHEB NARASHETTI AGE: 43 YEARS, OCC: SERVICE, R/O: KUPPANWADI-591287, CHICHANI VILLAGE, HOUSE NO.291/338, KOTHALI, DIST: BELAGAVI.

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THE STATE OF KARNATAKA THROUGH MARKET POLICE STATION, BELAGAVI. REPRESENTED BY STATE PUBLIC PROSECUTOR

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NC: 2023:KHC-D:12596 CRL.P No. 100070 of 2023 C/W CRL.P No. 100072 of 2023, CRL.P No. 101241 of 2023

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HIGH COURT OF KARNATAKA, DHARWAD BENCH.

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…RESPONDENTS

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(BY SRI. SHREEVATSA HEGDE, ADVOCATE FOR R1; SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R2)

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THIS CRIMINAL PETITION I FILED U/SEC. 439(2) OF CR.P.C. SEEKING TO ALLOW THIS CRIMINAL PETITION FILED U/SEC. 439(2) OF CR.P.C. 1973 AND CANCEL THE ANTICIPATORY BAIL GRANTED TO RESPONDENT NO.1 VIDE IMPUGNED ORDER DATED 30.11.2022 IN MARKET POLICE STATION, BELAGAVI CRIME NO. 29/2009 ON THE FILE OF VIII ADDL. SESSIONS JUDGE, BELAGAVI IN CRIMINAL MISC. NO. 1568/2022 AND DIRECT THE RESPONDENT NO.2 TO ARREST THE RESPONDENT NO.1 (WHO IS THE ACCUSED NO.3 IN CRIMINAL CASE NO. 223/2020 WHO HAS BEEN RELEASED ON ANTICIPATORY BAIL) AND COMMIT HIM TO THE CUSTODY FORTH WITH. FOR THE OFFENCE P/U/SEC. 420, 415, 417, 403, 405, 477A, 409, 406 R/W 34 OF IPC AND GRANTING ANY OTHER RELIEF TO WHICH THE PETITIONER COMPLAINANT MAY BE FOUND ENTITLED. THE BAIL APPLICATION HAS FILED BY THE RESPONDENT NO.1/ ACCUSED NO.3 U/SEC. 438 OF CR.P.C. IN CRL.MISC NO. 1568/2022 BEFORE THE VIII ADDL. SESSIONS JUDGE, BELAGAVI, HAS BEEN ALLOWED. OFFICE OBJECTIONS ARE COMPLIED.POST THIS CRIMINAL PETITION BEFORE THE HONBLE COURT SJ FOR ORDERS.(P/U/SEC. 420, 415, 417, 403, 405, 477A, 409, 406 R/W 34 OF IPC )svp. 28.06.2023THIS CRIMINAL PETITION I FILED U/SEC. 439(2) OF CR.P.C. SEEKING TO ALLOW THIS CRIMINAL PETITION FILED U/SEC. 439(2) OF CR.P.C. 1973 AND CANCEL THE ANTICIPATORY BAIL GRANTED TO RESPONDENT NO.1 VIDE IMPUGNED ORDER DATED 30.11.2022 IN MARKET POLICE STATION, BELAGAVI CRIME NO. 29/2009 ON THE FILE OF VIII ADDL. SESSIONS JUDGE, BELAGAVI IN CRIMINAL MISC. NO. 1568/2022 AND DIRECT THE RESPONDENT NO.2 TO ARREST THE RESPONDENT NO.1 (WHO IS THE ACUSED NO.3 IN CRIMINAL CASE NO. 223/2020 WHO HAS BEEN RELEASED ON ANTICIPATORY BAIL) AND COMMIT HIM TO THE CUSTODY FORTH WITH AND DIRECT THE RESPONDENT NO.1 (WHO IS THE ACCUSED NO.3 IN THE CRIMINAL CASE NO. 223/2020) TO

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NC: 2023:KHC-D:12596 CRL.P No. 100070 of 2023 C/W CRL.P No. 100072 of 2023, CRL.P No. 101241 of 2023

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PAY THE COMPENSATION OF RS.5,00,000-00 TO THE PETITIONER-COMPLAINANT FOR OBTAINING THE ANTICIPATORY BAIL ORDER IN HIS FAVOUR BY PLAYING FRAUD UPON THE PETITIONER, FOR CLAIMING FALSE RELIEF AND ALSO FOR WASTING THE VALUABLE TIME OF THE PETITIONER. AS WELL AS THE COURT.

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IN CRL.P NO.: 100072/2023

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BETWEEN:

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SHRI. SHASHIKANT S. TIMMAPUR AGE ABOUT: 55 YEARS, H.NO.216/1, SUBHASH GALLI, 2^ND CROSS, OLD GANDHI NAGAR, BELAGAVI-590016.

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…PETITIONER

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(SRI. SHASHIKANT S TIMMAPUR-PARTY IN PERSON)

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AND:

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SHRI G. N. SHRIDHAR S/O G.K.N. MURTHY AGE: 64 YEARS, OCC: RETIRED, R/O: BELAGAVI, R/O: BANGALORE, (NOW RESIDING AT BANGALORE-560003)

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THE STATE OF KARNATAKA THROUGH MARKET POLICE STATION, BELAGAVI. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH.

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…RESPONDENTS (BY SRI. VITTHAL S TELI, ADVOCATE FOR R1; SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R2)

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THIS CRIMINAL PETITION I FILED U/SEC. 439(2) OF CR.P.C. SEEKING TO ALLOW THIS PRESENT CRIMINAL PETITION FILED U/SEC. 439(2) OF CR.P.C. 1973 AND CANCEL THE ANTICIPATORY BAIL GRANTED TO RESPONDENT NO.1 VIDE IMPUGNED ORDER DATED 30.11.2022 IN MARKET

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NC: 2023:KHC-D:12596 CRL.P No. 100070 of 2023 C/W CRL.P No. 100072 of 2023, CRL.P No. 101241 of 2023

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POLICE STATION, BELAGAVI CRIME NO. 29/2009 ON THE FILE OF VIII ADDL. SESSIONS JUDGE, BELAGAVI IN CRIMINAL MISC. NO. 1603/2022 AND DIRECT THE RESPONDENT NO.2 TO ARREST THE RESPONDENT NO.1 (WHO IS THE ACCUSED NO.8 IN CRIMINAL CASE NO. 223/2020 WHO HAS BEEN RELEASED ON ANTICIPATORY BAIL) AND COMMIT HIM TO THE CUSTODY FORTHWITH AND DIRECT THE RESPONDENT NO.1 (WHO IS THE ACCUSED NO.8 IN THE CRIMINAL CASE NO.223/2020) TO PAY THE COMPENSATION OF RS.5,00,000-00 TO THE PETITIONER-COMPLAINANT FOR OBTAINING THE ANTICIPATORY BAIL ORDER IN HIS FAVOUR BY PLAYING FRAUD UPON THE PETITIONER, FOR CLAIMING FALSE RELIEF AND ALSO FOR WASTING THE VALUABLE TIME OF THE PETITIONER AS WELL AS THE COURT, AND DIRECT THE RESPONDENT NO.1 (WHO IS THE ACCUSED NO.8 IN THE CRIMINAL CASE NO.223/2020) TO PAY THE COSTS OF RS. 5,00,000-00 TO THE PETITIONER-COMPLAINANT TOWARDS THE EXPENSES INCURRED BY HIM AND FILING OF PETITIONERS THROUGHOUT.

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IN CRL.P NO.: 101241/2023

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BETWEEN:

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SHRI. SHASHIKANT S. TIMMAPUR AGE ABOUT: 55 YEARS, H.NO.216/1, SUBHASH GALLI, 2^ND CROSS, OLD GANDHI NAGAR, BELAGAVI-590016(KARNATAKA) INDIA MOBILE NO-9844823755 [email protected]

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…PETITIONER

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(SRI. SHASHIKANT S TIMMAPUR-PARTY IN PERSON)

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AND:

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SHRI. C.PARTHASARATHY S/O LATE DR. C.R.RAJGOPALAN, AGE: 67 YEARS, CHAIRMAN AND MANAGING DIRECTOR, CARVY STOCK BROKING LIMITED, CARVY MILLENNIUM, PLOT NO. 31/P,

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NC: 2023:KHC-D:12596 CRL.P No. 100070 of 2023 C/W CRL.P No. 100072 of 2023, CRL.P No. 101241 of 2023

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FINANCIAL DISTRICT NANAKRAMGUDA, GACHIBOWLI, HYDERABAD-500034.

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THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH MARKET P.S., BELAGAVI.

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…RESPONDENTS

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(BY SRI. VITTHAL S TELI, ADVOCATE FOR R1; SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R2)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439(2) OF CR.P.C. SEEKING TO ALLOW THIS PRESENT CRIMINAL PETITION FILED U/SEC. SEC. 439(2) OF CR.P.C. AND CANCEL THE ANTICIPATORY BAIL GRANTED TO RESPONDENT NO.1 VIDE IMPUGNED ORDER DATED 20.04.2023 IN MARKET POLICE STATION, BELAGAVI CRIME NO. 29/2009 ON THE FILE OF VIIITH ADDL.SESSIONS JUDGE, BELAGAVI AT BELAGAVI IN CRL.MISC NO. 379/2023 AND DIRECT THE RESPONDENT NO.2 TO ARREST THE RESPONDENT NO.1 (WHO IS THE ACCUSED NO.9 IN THE CRIMINAL CASE NO. 223/2020 WHO HAS BEEN RELEASED ON PRE-ARREST (ANTICIPATORY BAIL) AND COMMIT HIM TO THE JUDICIAL CUSTODY FORTHWITH. AND DIRECT THE RESPONDENT NO.1 (WHO IS THE ACCUSED NO.9 IN THE CRIMINAL CASE NO. 223/2020 WHO HAS BEEN RELEASED ON PRE-ARREST ANTICIPATORY BAIL) AND COMMIT HIM TO THE JUDICIAL CUSTODY FORTHWITH. FOR THE OFFENCE P/U/SEC. 420, 415, 417, 403, 405, 477-A, 409, 406 R/W SEC. 34 OF IPC.

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THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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NC: 2023:KHC-D:12596 CRL.P No. 100070 of 2023 C/W CRL.P No. 100072 of 2023, CRL.P No. 101241 of 2023

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ORDER

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The present criminal petitions have been filed by the complainant, namely, Shashikant S. Timmapur who appeared party-in-person. It is the submission of the learned counsel for respondent No.1 that the said complainant died on 01.10.2023.

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Considering the said submission, the present petitions do not survive for consideration. The petitions against the petitioners stands abated.

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Hence, these petitions stand disposed off

accordingly.

Sd/JUDGE

RKM

List No.: 1 Sl No.: 7

Shri Shashikant S Timmapur v. Shri Pradeep S/O Balasaheb Narashetti

Case brief

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Shri Shashikant S Timmapur v. Shri Pradeep S/O Balasaheb Narashetti

Case brief

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What did the court decide?

What the court decided

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