Allowed

Praveen S/O Mohanbabu Doddamni v. the State of Karnataka

Karnataka HC30 Oct 2023CRL.P/101258/2023

Case brief

AI extract

What is this about?

This court allowed a criminal petition for regular bail under Section 439 Cr.P.C. for two accused in a murder case under Section 302 IPC. The trial relied solely on circumstantial evidence with no eyewitnesses to the murder. Finding the investigation incomplete regarding the overt acts of the accused and the likelihood of proving the illicit relationship motive remote, the court granted bail subje

What did the court decide?

Petitioners ordered enlarged on bail to execute a personal bond of Rs. 1,00,000 with two sureties, subject to conditions of not tampering with witnesses and appearing before the Trial Court.

Praveen S/O Mohanbabu Doddamni Vs the State… — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC-D:12623 CRL.P No. 101258 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 30^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 101258 OF 2023

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BETWEEN:

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PRAVEEN S/O MOHANBABU DODDAMANI AGE: 21 YEARS, OCC: PAINTING, R/A: KAMADOLLI, TQ: KUNDAGOL, DIST: DHARWAD-580001.

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MAHANTESH S/O BASAVARAJ KALLIMANI AGE: 34 YEARS, OCC: DRIVER, R/O: INDIRANAGAR PLOT, KAMADOLLI, TQ: KUNDGOL, DIST: DHARWAD-580001.

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…PETITIONERS

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(BY SRI. K.L.PATIL, ADVOCATE)

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AND:

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Digitally signed by V V N N BADIGER BADIGER Date:2023.11.08 11:07:18 +0530

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THE STATE OF KARNATAKA THROUGH KUNDAGOL PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.

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…RESPONDENT

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(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.PC., SEEKING TO ALLOW THE CRIMINAL PETITION AND ENLARGE THE PETITIONERS ON REGULAR BAIL IN KUNDGOL P.S. CRIME NO. 105/2022 REGISTERED FOR THE OFFENCES P/U/SEC. 302, 201, 120B, 109 R/W 34 OF IPC PENDING ON THE FILE OF PRL. ADDL. CIVIL JUDGE AND JMFC KUNDGOL IN SO FAR AS THE PETITIONERS/ACCUSED NO. 1 AND 2. ARE CONCERNED.

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NC: 2023:KHC-D:12623 CRL.P No. 101258 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 Shri.K.L.Patil, learned counsel for the

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petitioners and Shri.Praveen Y Devareddiyavar, learned High Court Government Pleader for the respondent / State.

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The petitioners are before this Court seeking regular bail in Crl. Misc.No.5049/2023, for the offences punishable under Sections 302, 201, 120B, 109 R/w 34 of Indian Penal Code (for short “IPC”), pending on the file of JMFC, Court Kundagol.

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3. It is the case of the prosecution that the accused No.1-Sri.Praveen Mohanbabu Doddamani had illicit relationship with accused No.3-Smt.Lalitha Shivappa Koliwad. The husband of accused No.3 was giving torture and harassment to the accused No.3 after he came to know the said illicit relationship. It is further stated that the accused No.3 conspired with accused No.1 to eliminate the deceased who is her husband and hatched a plan. As per the averments of the complaint it is further stated that the accused No.1 took help of accused No.2

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3 - NC: 2023:KHC-D:12623 CRL.P No. 101258 of 2023

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and called Shivappa Kamadolli to their place. All the accused person consumed alcohol and had dinner, thereafter they went near Batageri tank, and assaulted the deceased-Shivappa Kamadolli on his head and committed murder and thrown dead body into a ditch and damaged the motorcycle of the deceased, as to show as if the deceased died in the accident and went away from the spot. The accused No.3 being a wife of the deceased initially lodges a complaint for the offences under Section 274, 304(a) of IPC. Thereafter, in the investigation the police have incorporated the provisions for the offences punishable under Sections 302, 201, 120B, 109 R/w 34 of IPC .

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It is the submission of learned counsel for the petitioners that the petitioners are accused Nos.1 and 2 in the above case and they are innocent of the alleged offences and they have been falsely implicated in this case. The entire case is based on the circumstantial evidence. Nothing has been recovered at the instance of petitioners. Therefore, the petitioners are entitled for bail.

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It is further submitted that they are permanent residents of Kamadolli village and they are the earning

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NC: 2023:KHC-D:12623 CRL.P No. 101258 of 2023

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members of the family. In the event of their release on bail, they are ready to abide by all the conditions that would be imposed by this Court. Hence, he prays to allow the petition.

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Per contra, learned High Court Government Pleader vehemently opposed the bail petition and submitted that petitioner No.2-accused No.1 had illicit relationship with accused No.3, who is the wife of the deceased Shivappa Kamadolli. They have hatched conspiracy to eliminate the deceased, accordingly, accused No.1 took the help of accused No.2 and killed Shivappa Kamadolli and thrown the dead body into the ditch and also projected the said incident as though the accident had occurred. The investigation reveals that the petitioners have committed the offences as stated supra . Hence, they are not entitled for bail. Moreover, the alleged offences are punishable with death or imprisonment for life and the gravity of the offences are higher degree and there may be chances of threatening the prosecution witnesses. Therefore, the petition filed bail has to be rejected. Making such submission, learned High Court Government Pleader prays to reject the bail petition.

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NC: 2023:KHC-D:12623 CRL.P No. 101258 of 2023

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Having heard learned counsel for the respective parties and also on perusal of the complaint and charge sheet materials, it is needless to say that while considering the bail application, the Court has to see prima facie whether accused are entitled for bail or not and moreover, the merit of the case at this stage cannot be looked into. Granting of bail is the discretionary power of the Court. However, the said discretionary power of the Court has to be exercised judiciously. While considering the bail application, the life and liberty of the person guaranteed under Article 21 of the Constitution of India has to be taken care of.

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In the present case, the accused No.1, who is the petitioner No.2 said to have had illicit relationship with accused No.3. The accused No.3 is none other than the wife of the deceased Shivappa Kamadolli. Though the murder of the said Shivappa Kamadolli taken place, none of the eye witnesses have seen the said alleged murder. The entire case is rests on the circumstantial evidence.

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NC: 2023:KHC-D:12623 CRL.P No. 101258 of 2023

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On careful reading of the complaint and charge sheet averments, initially a complaint has been lodged against unknown persons by the accused no.3 and the jurisdictional police have registered case for the offence punishable under Section 279, 304A of IPC. During the investigation, the fact of involvement of accused No.3 in getting her husband murdered has been unfolded. The petitioners are stated to have involved in the said murder. The overt act of the petitioners not been explained by the investigation officer except collecting the call record details.

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It is needless to say that the entire case is based on circumstantial evidence. The motive for murder as per the averments of the charge sheet is that the accused No.1 had illicit relationship with accused No.3. The possibility of proving the said illicit relationship would be remote. Therefore, the petitioners are entitled for bail.

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Hence. I proceed to pass the following:-

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ORDER

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The petition is allowed.

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NC: 2023:KHC-D:12623 CRL.P No. 101258 of 2023

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The petitioners are ordered to be enlarged on bail in Kundagol Police Station Crime No.105/2022, pending on the file of Civil Judge and JMFC, Kundagol on they executing a personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with one surety each for the likesum to the satisfaction of the Trial Court, subject to the following conditions:

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a) The petitioners shall not threaten or tamper the prosecution witnesses nor hamper the proceedings of the Court.

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b) The petitioners shall appear before the Trial Court on all dates of hearing without fail.

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Sd/JUDGE

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VB List No.: 1 Sl No.: 11

Praveen S/O Mohanbabu Doddamni v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Praveen S/O Mohanbabu Doddamni v. the State of Karnataka

Case brief

What is this about?

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What the court decided

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