The High Court disposed of three criminal petitions filed by a complainant seeking cancellation of anticipatory bail. The court held that the petitions abated because the complainant died on 01.10.2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL PETITION NO. 100070 OF 2023
C/W
CRIMINAL PETITION NO. 100072 OF 2023
CRIMINAL PETITION NO. 101241 OF 2023
IN CRL.P NO.: 100070/2023
BETWEEN:
SHRI. SHASHIKANT S. TIMMAPUR AGE ABOUT: 55 YEARS, H.NO.216/1, SUBHASH GALLI, 2ND CROSS, OLD GANDHI NAGAR, BELAGAVI-590016.
Digitally
signed by V
V N N BADIGER
BADIGER Date:2023.10.30
12:19:26
+0530
…PETITIONER
(SRI. SHASHIKANT S TIMMAPUR-PARTY IN PERSON)
AND:
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
HIGH COURT OF KARNATAKA, DHARWAD BENCH.
…RESPONDENTS
(BY SRI. SHREEVATSA HEGDE, ADVOCATE FOR R1; SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R2)
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
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
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.
IN CRL.P NO.: 100072/2023
BETWEEN:
SHRI. SHASHIKANT S. TIMMAPUR AGE ABOUT: 55 YEARS, H.NO.216/1, SUBHASH GALLI, 2ND CROSS, OLD GANDHI NAGAR, BELAGAVI-590016.
…PETITIONER
(SRI. SHASHIKANT S TIMMAPUR-PARTY IN PERSON)
AND:
…RESPONDENTS (BY SRI. VITTHAL S TELI, ADVOCATE FOR R1; SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R2)
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
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
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.
IN CRL.P NO.: 101241/2023
BETWEEN:
SHRI. SHASHIKANT S. TIMMAPUR AGE ABOUT: 55 YEARS, H.NO.216/1, SUBHASH GALLI, 2ND CROSS, OLD GANDHI NAGAR, BELAGAVI-590016(KARNATAKA) INDIA MOBILE NO-9844823755 [email protected]
…PETITIONER
(SRI. SHASHIKANT S TIMMAPUR-PARTY IN PERSON)
AND:
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
FINANCIAL DISTRICT NANAKRAMGUDA, GACHIBOWLI, HYDERABAD-500034.
…RESPONDENTS
(BY SRI. VITTHAL S TELI, ADVOCATE FOR R1; SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R2)
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.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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
ORDER
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.
Considering the said submission, the present petitions do not survive for consideration. The petitions against the petitioners stands abated.
Hence, these petitions stand disposed off
accordingly.
Sd/JUDGE
RKM
List No.: 1 Sl No.: 7
Shashikant S. Timmapur
Shri. Pradeep S/o Balasaheb Narashetti
Shri. G. N. Shridhar S/o G.K.N. Murthy
Shri. C. Parthasarathy S/o Late Dr. C.R.Rajgopalan
The State of Karnataka
S. Rachaiyah
As recorded by the court registry
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