Allowed

Sri Kempanna Mallappa Basargi v. the State of Karnataka

Karnataka HC9 May 2023CRL.P/100813/2023

Case brief

AI extract

What is this about?

High Court of Karnataka, Dharwad Bench allowed an application under Section 438 Cr.P.C. for anticipatory bail for the petitioner accused of offences under IPC 328 and Karnataka Excise Act, ordering release subject to surety and appearance.

What did the court decide?

Petitioner enlarged on bail on execution of self-bond of Rs.1,00,000/- with surety, payment of Rs.3,000/- cash security, and abiding by regular bail conditions.

Sri Kempanna Mallappa Basargi Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2023)

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1 - CRL.P No. 100813 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE G BASAVARAJA CRIMINAL PETITION NO. 100813 OF 2023 (438-)

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BETWEEN:

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SRI. KEMPANNA MALLAPPA BASARGI AGE. 44 YEARS, OCC. AGRICULTURE, R/O. KARIKATTI, TAL. HUKKERI, DIST. BELAGAVI-591309.

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…PETITIONER

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(BY SRI. RAJENDRA R.PATIL,ADVOCATE)

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AND:

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SAMREEN AYUB DESHNUR High Court of Karnataka, Dharwad

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THE STATE OF KARNATAKA THROUGH YAMAKANAMARADI POLICE STATION, NOW REP. BY STATE PUBIC PROSECUTOR, HIGH COURT OF KARNATAKA DHARWAD, BENCH AT DHARWAD-580011.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH,ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.PC., SEEKING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED NO. 1 IN YAMAKANAMARDI P.S. CRIME NO. 210/2015 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 328 OF IPC AND SECTION 32 AND 34 OF KARNATAKA EXCISE ACT, PENDING ON THE FILE OF THE COURT OF CIVIL JUDGE & J.M.F.C., HUKKERI IN C.C. NO.172/2016.

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2 - CRL.P No. 100813 of 2023

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

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ORDER

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Heard on bail application.

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On the basis of the complaint filed by the P.S.I.,

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Yamkanmardi Police Station in Crime No.210/2015 against the petitioner and accused No.2 for the offences punishable under Section 328 of the Indian Penal Code and Sections 32 and 34 of the Karnataka Excise Act, 1965.

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The jurisdictional Magistrate has taken cognizance against the accused and registered the case. The certified copy of the order sheet pertaining in C.C. No.172/2016 reveals that the proclamation issued against the petitioner.

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It is submitted by the learned counsel for the petitioner that the petitioner has gone to Goa on coolie work and the learned advocate has not informed him about the hearing date of this case, for that reason he could not appear before this Court. Recently he came to know about the proclamation and warrant issued against

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3 - CRL.P No. 100813 of 2023

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him. The present accused has already obtained bail in C.C. No.172/2016.

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Considering the nature and gravity of offence

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and reasons assigned by the petitioner, it is just and proper to allow the application and enlarge the petitioner on bail on certain condition. Accordingly, I pass the following:

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ORDER

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The bail application filed under Section 438 of Cr.P.C. is allowed. The petitioner shall be released on bail in the event of his arrest in connection with Crime No.210/2015, registered by the Yamakanamaradi Police Station, subject to condition that,

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(a) the petitioner shall execute a self-bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the concerned Court;

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(b) the petitioner shall appear before the Court on all dates of hearing without fail.

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4 - CRL.P No. 100813 of 2023

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(d) The petitioner shall abide the conditions which are already imposed by the concerned Court at the time of granting regular bail.

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(Sd/-) JUDGE

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SMM List No.: 1 Sl No.: 30

Sri Kempanna Mallappa Basargi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Kempanna Mallappa Basargi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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