Allowed

Sri. Edigara Sunil S/O. Nagappa v. the State of Karnataka

Karnataka HC25 May 2023CRL.A/100133/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal appeal filed under Section 14A(2) Cr.P.C. seeking bail for Accused No.3 charged with murder under Section 302 IPC. The Court set aside the trial court's rejection of bail and granted bail subject to bond and conditions.

What did the court decide?

Bail granted to appellant accused No.3 on personal bond of Rs.25,000/= with one surety subject to conditions including not leaving jurisdiction and not tampering with witnesses.

Sri. Edigara Sunil S/O. Nagappa Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2023)

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1 - CRL.A No. 100133 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 25^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ANIL B KATTI CRIMINAL APPEAL NO. 100133 OF 2023

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BETWEEN:

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SRI. EDIGARA SUNIL @ SUNIL KUMAR K. N. S/O. NAGAPPA @ NAGARAJ K. AGE. 28 YEARS, OCC. DRIVER, R/O. NEAR PRAGATHI GRAMINA BANK, HAMAPAPATANA VILLAGE, TAL. H. B. HALLI, DIST. VIJAYANAGARA-583104.

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…APPELLANT

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(BY SRI. SRINAND A. PACHHAPURE AND SRI. RAJENDRA R. PATIL, ADVOCATES)

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AND:

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THE STATE OF KARNATAKA, THROUGH H.B. HALLI POLICE STATION, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD-580011

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Digitally signed by J MAMATHA J MAMATHA Date: 2023.05.27 20:24:55 +0530

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SMT. SOPPINA HANUMAKKA D/O NINGAMMA AGE. 75 YEARS, OCC. HOUSEHOLD WORK, R/O. HAMPAPATTANA, TQ.H.B.HALLI, DIST. VIJAYANAGAR-583104.

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…RESPONDENTS

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(BY SRI. PRAVEEN K. UPPAR, HCGP FOR R1, R2 SERVED)

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THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF CR.P.C. SEEKING TO GRANT BAIL TO THE APPELLANT/ACCUSED NO.3 IN CRIME NO. 198/2022 REGISTERED FOR THE OFFENCES P/U/SEC. 302, 120(B), 109, 114 AND 202 R/W SEC. 34 OF IPC AND U/SEC. 32(v) OF SC/ST (POA) ACT, 1989 BY THE RESPONDENT H.B. HALLI POLICE STATION, PENDING ON THE FILE OF COURT OF I ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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2 - CRL.A No. 100133 of 2023

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JUDGMENT

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Appellant-accused No.3 being aggrieved by the rejection of regular bail application filed under Section 439 of Cr.P.C. on the file of the I Additional District and Sessions Judge, Ballari, (hereinafter referred as ‘First Appellate Court’ for brevity) in criminal Misc.No.973/2022 dated 27.02.2023, preferred this appeal.

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Parties to the appeal are referred with their ranks as assigned in the trial Court for the sake of convenience.

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The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that on 02.11.2022 at 7.30 p.m. the complainant’s husband Chowdappa went to Mariyammanahalli on his motorcycle for purchasing plastic glasses for his kirani shop and he did not return on the said day. On 03.11.2022 at about 8.30 p.m. one Shivaraja informed over phone that the Chowdappa was found murdered on Hampapatna Varadapura road, near the land of Eshawara Naik. On hearing the same, complainant visited the spot and found

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3 - CRL.A No. 100133 of 2023

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dead body of her husband sustaining grievous injuries over his head. On these allegations, the case is registered in Hagaribommanahalli Police station in crime No.198/2022 for the offence punishable under Section 302 of IPC. Investigating officer on completion of investigation filed charge sheet.

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Appellant/accused No.3 was arrested on 12.11.2022 since then he is in judicial custody. The regular bail application filed by the accused No.3 after filing of charge sheet came to be rejected by the trial Court vide order dated 27.02.2023.

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Learned High Court Government Pleader has filed objections opposing bail application contending that there are sufficient material evidence against the accused No.3. The statement of CW.22 Sathyanarayan Shetti speaks about accused No.3 is party to the conspiracy along with accused Nos.1, 4 and 5. On arrest of accused Nos.3 to 5, CW 22 is said to have identified persons who were being in the hotel and conspired with other. The evidence collected by the investigating officer i.e. call details,

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4 - CRL.A No. 100133 of 2023

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recovery pursuant to the voluntary statement of accused completes the chain of circumstances which would go to show that accused Nos.4 and 5 have committed the murder of Chowdappa with the assistance of accused Nos.1 and 3. If the accused No.3 is ordered to be released on bail, he may be abscond from the process of law and temper with the prosecution process. Therefore, prayed for the

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dismissal of the appeal.

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Heard the arguments of both sides.

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On the strength of the complaint filed by the

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Smt.S.Sudha wife of S.Chowdappa criminal law was set into motion by registering the case in Hagaribommanahalli Police station in crime No.198/2022 for the offence punishable under Section 302 of IPC. The complaint allegations would go to show that on hearing about the murder of Chowdappa from Shivaraja, complainant went to the spot and found dead body of her husband sustaining grievous injuries over head. Therefore, the FIR is registered against unknown accused.

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5 - CRL.A No. 100133 of 2023

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It is during the course of investigation on

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finding that the complainant Smt.S.Sudha wife of S.Chowdappa who was said to have illicit relationship with the accused No.1 and both of them conspired to commit murder of Chowdappa with the assistance of accused Nos.3 to 5. Therefore, complainant is arrayed as accused No.2 in this case.

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Indisputably the case of the prosecution is based on circumstantial evidence. Accused No.3 is involved in this case on the basis of the statement of C.W.22 Sathyanarayans Shetti owner of the Hotel and voluntary statement of accused No.1 who was arrested on 05.11.2022. It is on the said voluntary statement of accused No.1, accused No.3 is arrested on 12.11.2022.

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It was revealed by the accused No.1 in his voluntary statement that he has developed illicit relationship with the wife of Chowdappa who is complainant in this case. The husband of the complainant i.e. Chowdappa was objecting for their relationship. Therefore, both accused No.1 and 2 hatched the plan to commit

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6 - CRL.A No. 100133 of 2023

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murder of Chowdappa who was coming in the way of their illicit relationship. In order to execute that plan they hired accused Nos.3 to 5 for committing murder of Chowdappa.

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The statement of CW.22 would go to show that on two motorcycle three persons came to hotel and it was raining at that time. After sometime another person joined them. The said three persons were asking to give sum of Rs.3,00,000/- to do the work. CW.22 thought that they must be talking about business transaction. It is only on 27.11.2022 police bought accused Nos.1 and 3 to 5 to his hotel and he identified them other than this there is no any material to substantiate the allegation of conspiracy.

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The prosecution alleges that accused Nos.1 and 3 to 5 at the assistance of accused No.2 hatched plan to commit murder of Chowdappa and to execute the same, they followed Chowdappa and near the agricultural land of Eshawara Naik committed murder of Chowdappa. Whether the accused Nos.1 and 2 have contracted with accused Nos.3 to 5 for committing murder of Chowdappa on payment of Rs.3,00,000/- for executing the said plan is

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7 - CRL.A No. 100133 of 2023

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matter of trial. The investigation in this case is already been completed and charge sheet has been filed. The continuation of accused No.3 in judicial custody during pre trial looking to the charge sheet material is unwarranted. The apprehension of the learned High Court Government Pleader can be met by imposing appropriate conditions. Consequently, I proceed to pass the following:

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ORDER

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The appeal filed by the accused No.3 is hereby allowed.

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The order of the I Additional District and Sessions Judge, Ballari, in criminal appeal No.973/2022 dated 27.02.2023 is hereby set-aside.

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Appellant/accused No.3 shall execute personal bond for sum of Rs.25,000/- with one surety for like sum to the satisfaction of the Trial Court.

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Appellant/accused No.3 shall not tamper with the prosecution witness in any manner.

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8 - CRL.A No. 100133 of 2023

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Appellant/accused No.3 shall produce address proof documents of himself and that of his surety subject to police verification.

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Appellant/accused No.3 shall not be leave the jurisdiction of the trial Court without it’s prior permission.

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Appellant/accused No.3 shall appear before the Trial Court on every date of hearing unless otherwise exempted for valid reasons.

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(Sd/-) JUDGE

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List No.: 1 Sl No.: 5

Sri. Edigara Sunil S/O. Nagappa v. the State of Karnataka

Case brief

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Sri. Edigara Sunil S/O. Nagappa v. the State of Karnataka

Case brief

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