Allowed

Ishwar S/O Mareppa Korachar v. the State of Karnataka

Karnataka HC2 May 2023CRL.P/100886/2023

Case brief

AI extract

What is this about?

High Court of Karnataka granted anticipatory bail to petitioner-accused No.4 in a case involving snatching and cheating, relying on parity with other accused already granted bail and noting the allegations against him were based on the voluntary statement of the main accused.

What did the court decide?

Petitioner released on personal bond of Rs.1,00,000/- with one surety upon arrest, subject to standard conditions of investigation cooperation and court appearance.

Ishwar S/O Mareppa Korachar Vs the State of Karnataka — Cheating and Forgery | Karnataka HC (2023)

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1 - CRL.P No. 100886 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE ANIL B KATTI

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CRIMINAL PETITION NO. 100886 OF 2023 (438-)

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BETWEEN:

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ISHWAR S/O MAREPPA KORACHAR AGE.45 YEARS, OCC.COOLIE, R/O. ANAVATTI-577413, TQ. SORAB, DIST. SHIMOGGA.

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…PETITIONER

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(BY SHRI. MALLIKARJUN S. HIREMATH, AND SHRI. NAGARAJ C. KOLLOORI, ADVS.)

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AND:

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Digitally signed by BHARATHI H M Location: high court karnataka Dharwad bench

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THE STATE OF KARNATAKA, THROUGH HANAGAL P.S, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580011.

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…RESPONDENT

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(BY SHRI. PRAVEEN UPPAR, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC.438 OF CR.P.C., SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.4 ON ANTICIPATARY BAIL IN THE EVENT OF HIR ARREST IN CRIME NO.205/2022, NOW NUMBERED AS C.C.NO. 60/2023 FOR THE OFFENCES PUNISHABLE U/SEC.395 AND 506 OF IPC., PENDING BEFORE THE 1^ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, HAVERI, IN THE INTEREST OF JUSTICE AND EQUITY.

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2 - CRL.P No. 100886 of 2023

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

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ORDER

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Petitioner-accused No.4 filed petition under Section 438 of Code of Criminal Procedure (for short ‘Cr.P.C) seeking anticipatory bail.

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On the strength of the complaint filed by one Sunil Mathyu Kudukaparambil criminal law was set into motion by registering the case in Hanagal PS crime No.205/2022 for the offence punishable under Sections 395 and 420 of Indian Penal Code and Section 25 of the Arms Act, 1959.

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The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that accused No.1 met the complainant- Sunil Mathyu Kudukaparambil and introduced himself as Ramesh Hangal and they exchanged their phone numbers. Thereafter, accused No.1 called the complainant and informed that his grandfather has 2 k.g’s of gold coins and intends to sell the same to perform the marriage of his children, as such he is in urgent need of money of Rs.10,00,000/-. On 19.11.2022, complainant went to Shimogga along with his friend by name Saiju. On 20.11.2022 he met

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3 - CRL.P No. 100886 of 2023

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accused No.1 and there were other persons with lady who was holding a plastic cover. It is further alleged that complainant returned to his village and arranged Rs.10,00,000/- and came back to Shimogga in Maruti Omini car bearing registration No.KL-12/A-9079 along with his friend Saiju and driver Anish. On 27.11.2022, they came near Nalkar cross, Hangal at about 9:20 a.m. Accused No.1 asked him to accompany near petrol bunk. When they reached to the spot, accused No.1 fisted on chest of complainant and snatched the bag containing cash of Rs.10,00,000/- and ran inside the forest. When they tried to catch him, other persons who were along with him and lady started pelting the stones at him and threatened that they will kill him, if they try to catch accused No.1. On these allegations made in the complaint, case is registered in Hanagal PS Crime No.205/2022 for the aforesaid offences.

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Learned HCGP has orally objected for grant of bail to petitioner/accused No.4 on the premise that there are sufficient material evidence against petitioner/accused No.4 to connect with the offences alleged against him.

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Heard the arguments of both sides.

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4 - CRL.P No. 100886 of 2023

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On perusal of the complaint allegations, it would go to show that there is a direct allegation against accused No.1 of snatching money of Rs.10,00,000/-from the complainant which he has brought to purchase gold coins from accused No.1. The investigating officer after completion of investigation has filed charge sheet.

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The charge-sheet materials would go to show that complainant and accused No.1 came in contact with each other one month prior to the incident when accused No.1 had gone to Sultan Batheri, the place of complainant. Accused No.1 offered to sell gold coins of his grandfather to perform the marriage of his children and he was in need of Rs.10,00,000/-. Accused No.1 requested the complainant to purchase the said gold coins. The charge of snatching bag containing Rs.10,00,000/from the possession of complainant is against accused No.1. The allegation against this petitioner/accused No.4 is that he has joined the other accused in pelting stones at complainant, so as to prevent him from chasing accused No.1 to apprehend him. The involvement of this petitioner/accused no.4 is based on the alleged revelation made by accused No.1 during the course of investigation. This Court in Criminal Petition

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5 - CRL.P No. 100886 of 2023

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No.100002/2023 by order dated 06.02.2023 granted bail to accused No.5 and further granted bail to accused Nos.1 & 3 in Criminal Petition No.100209/2023 by order dated 09.02.2023.

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The grant of bail to accused Nos.5 & 3 is on the similar allegations made against present petitioner/accused No.4.

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The voluntary statement of accused No.1Krishannappa s/o Timmanna Kademani would go to show that he got introduced himself as Ramesh Hangal to the complainant who is arrayed as accused No.1 in the FIR. This court in Crl.P.No.100209/2023 has granted bail to accused No.1Krishnappa s/o Thimmanna Kademani who projected himself as Ramesh Hangal before the complainant against whom there is charge of snatching cash bag containing Rs.10,00,000/-. In view of the fact that the involvement of this petitioner is based on the voluntary statement of accused No.1 and also on the ground of parity, petitioner-accused No.4 is entitled for bail. Consequently, proceed to pass the following:

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ORDER

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The petition filed by the petitioner-accused No.4 is hereby allowed.

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6 - CRL.P No. 100886 of 2023

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Petitioner-accused No.4 in the event of his arrest is ordered to be released on executing a personal bond for a sum of Rs.1,00,000/- with one surety for like sum to the satisfaction

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o the investigating officer in the event of his arrest in Crime No.205/2022 of Hangal Police station subject to the following conditions:

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Petitioner/accused No.4 shall furnish address proof documents of himself and that of his surety and shall inform the Court, if there is any change in the address.

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Petitioner/accused No.4 shall appear before the investigating officer if he is called for the purpose of investigation.

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Petitioner/accused No.4 shall not tamper prosecution witnesses in any manner.

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Petitioner/accused No.4 shall appear before the trial Court on every date of hearing unless, he was otherwise exempted.

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(Sd/-) JUDGE

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Para nos.1 to 7-AM Para no.8 to till end-Hmb.

Ishwar S/O Mareppa Korachar v. the State of Karnataka

Case brief

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Ishwar S/O Mareppa Korachar v. the State of Karnataka

Case brief

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