Allowed

Sri Roopla Naik S/O Narayana Naik v. the State of Karnataka

Karnataka HC9 May 2023CRL.P/100814/2023

Case brief

AI extract

What is this about?

Single judge High Court allowed the criminal petition under Section 439 Cr.P.C. granting interim bail to the petitioner charged with offences under the Arms Act, subject to standard conditions including execution of self-bond and appearance before investigation.

What did the court decide?

The petitioner is released on bail in connection with Crime No.32/2023 subject to execution of a self-bond of Rs.50,000/- with one surety and compliance with other conditions.

Sri Roopla Naik S/O Narayana Naik Vs the State of Karnataka — Bail and Remand | Karnataka HC (2023)

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1 - CRL.P No. 100814 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. 100814 OF 2023 (439-)

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BETWEEN:

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SRI. ROOPLA NAIK S/O NARAYANA NAIK, AGE. 54 YEARS, OCC. AGRICULTURIST, R/O. A.C.HALLI VILLAGE, TQ. KUDLIGI, DIST. VIJAYANAGARA-583135.

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…PETITIONER

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(BY SRI. S. A. PACHHAPURE, ADVOCATE)

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AND:

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

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SAMREEN AYUB DESHNUR High Court of Karnataka, Dharwad

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(BY SMT. GIRIJA S. HIREMATH, ADVOCATE)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER/ACCUSED IN CRIME NO. 32/2023 REGISTERED FOR THE OFFENCE P/U/SEC. 25(1)(a) AND 3 OF THE ARMS ACT, BY GUDEKOTI POLICE STATION, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, KUDLIGI.

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

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2 - CRL.P No. 100814 of 2023

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ORDER

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Heard on bail application.

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2. On the basis of the complaint filed by one Vasant Asode, the Gudekote Police have registered a case in Crime No.32/2023 against this accused for the commission of the offences punishable under Sections 25(1)(a), 3 of Indian Arms Act, 1959.

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The statement of objections filed by the respondent-State in which it is stated that, there are prima facie materials against the accused for the aforesaid offences, if the petitioner is released on bail he may flee from justice on that ground prayed to reject his bail application.

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It is submitted by the learned counsel for the petitioner that the accused was arrested by the Police on 19.03.2023 since from the date of arrest he is in judicial custody. Now the petitioner is not required for further investigation. The petitioner has not been convicted previously for any offence. The alleged commission of

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3 - CRL.P No. 100814 of 2023

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offences are not punishable with death or imprisonment for life. Considering the nature and gravity of the offence, age and occupation of the petitioner, it is just and proper to allow the application and enlarge the petitioner herein on bail on certain conditions. Accordingly, I pass the following:

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ORDER

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The bail application filed under Section 439 of Cr.P.C. is allowed. The petitioner herein shall be released on bail in connection with Crime No.32/2023, registered by the Gudekote Police Station, if not required in any other case, subject to condition that,

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(a) the petitioner shall execute a self-bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court;

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(b) the petitioner shall make himself available for interrogation by the Police/Investigating Officer as and when required;

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4 - CRL.P No. 100814 of 2023

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(d) the petitioner shall not commit similar offence/s.

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(Sd/-) JUDGE

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SMM List No.: 1 Sl No.: 31

Sri Roopla Naik S/O Narayana Naik v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Roopla Naik S/O Narayana Naik v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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