Allowed

Sri. Karinagappa S/O Gundumunagu Sannirappa v. the State of Karnataka

Karnataka HC4 Sept 2023CRL.P/101697/2023

Case brief

AI extract

What is this about?

High Court of Karnataka granted bail to two accused persons in a murder case involving a chain of witnesses absent, relying on circumstantial evidence where the charge sheet is filed.

What did the court decide?

Petitioners granted bail on execution of personal bond with sureties and compliance with specific conditions regarding address, witness tampering, and court appearance.

Sri. Karinagappa S/O Gundumunagu Sannirappa… — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC-D:10027 CRL.P No. 101697 of 2023

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IN THE HIGH COURT OF KARNATAKA

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DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI

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CRIMINAL PETITION NO. 101697 OF 2023 (439-)

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BETWEEN:

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SRI. KARINAGAPPA S/O. GUNDUMUNAGU SANNIRAPPA, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: SHIVAPURA VILLAGE, TAL: KUDLIGI,

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DIST: BALLARI-583135.

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SRI. NAGARAJ S/O. SANNA NAGAPPA AGE: 26 YEARS, OCC: AGRICULTURE, R/O: SHIVAPURA VILLAGE, TAL: KUDLIGI, DIST: BALLARI-583135.

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…PETITIONERS

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(BY SRI. SRINAND A. PACHHAPURE, ADVOCATE)

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AND:

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CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.09.05 11:57:01 +0530

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

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONERS/ACCUSED NO.3 AND 4 IN SESSIONS CASE NO.5021 PENDING ON THE FILE OF III ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI SITTING AT HOSAPETE (CRIME NO.6/2023 REGISTERED FOR THE OFFENCE PUNISHABLE U/S

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NC: 2023:KHC-D:10027 CRL.P No. 101697 of 2023

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302, 201 AND 452 R/W SEC. 34 OF IPC BY THE RESPONDENT KUDLIGI POLICE STATION).

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

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ORDER

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Petitioners who are arraigned as accused Nos.3 and 4 have filed this petition under Section 439 of Code of Criminal Procedure (for short, ‘the Cr.P.C.’) to release them on bail in Crime No.6/2023 of Kudligi P.S. for the offences punishable U/sec.302, 201, 452 r/w sec.34 I.P.C.

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In support of their petition, petitioners have contended that they are innocent of the offences alleged. They are in no way concerned with the alleged incident. They have been falsely arraigned as accused. Initially accused No.1 was arrested and based on his voluntary statement, the remaining accused including the petitioners are implicated. The entire case of the prosecution is based on voluntary statement of accused No.1. There are no circumstances to connect the petitioners or other accused with the alleged crime. No evidence collected by the investigating officer to

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NC: 2023:KHC-D:10027 CRL.P No. 101697 of 2023

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show that petitioners had any motive to eliminate the deceased. In the circumstances, there is no material to connect the petitioners to the alleged crime. No prima facie case is made out against the petitioners. The entire case and allegations need rigorous trial for the prosecution to establish its case against the accused persons including the petitioners. The entire case of the prosecution is rest on circumstantial evidence. Already investigation is completed and charge sheet is filed. The continuation of petitioners in custody is not required. The petitioners are ready to abide by any conditions that may be imposed and prays for allowing of the petition.

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Learned High Court Government Pleader filed objections stating that on 09.01.2023, after finding the dead body of his brother-Mahalingappa, complainant-Veeresh has filed the complaint stating that since one year he and deceased-Mahalingappa have separated and their parents were living with him and since one year wife of Mahalingappa namely accused No.2-Sharada had left the matrimonial

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NC: 2023:KHC-D:10027 CRL.P No. 101697 of 2023

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home, she had returned about three days back and since then there used to be frequent quarrel between them.

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3.1 On 09.01.2023 at 1.30 a.m., complainant's

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relative-T.Siriyappa (CW16) came and informed him that the police called him and disclosed that a dead body is found on the service road. Both of them went to the spot and found that the dead body is that of Mahalingappa. There were injuries on his left knee and hands. There was also ligature mark. When this fact was brought to the notice of accused No.2, she said that on the previous night after dinner, she went to sleep and she did not know where Mahalingappa has gone. Suspecting foul play, he has filed the complaint.

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3.2 Based on the complaint, the concerned police have registered the case and taken up investigation. All the accused persons including the petitioners were arrested and based on their voluntary statements, the investigation was continued and charge sheet is filed which makes out a strong prima facie case. If released on bail, the petitioners/accused Nos.3 and 4 may threaten or tamper with the witnesses. They may also abscond and prays to dismiss the petition.

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NC: 2023:KHC-D:10027 CRL.P No. 101697 of 2023

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Heard arguments and perused the record.

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Accused No.2 is no other than the wife of deceased-Mahalingappa. A charge sheet came to be filed against accused Nos.1 to 4 alleging that accused No.2 had illicit relationship with accused No.1 and this was objected to by deceased-Mahalingappa. Because of this, accused Nos.1 and 2 were nursing grudge to eliminate him. They took the help of accused Nos.3 and 4 who are also having enmity with the deceased. On the date of incident, accused Nos.1, 3 and 4 went to the house of accused No.2 and deceased. All of them assaulted the deceased with an iron blower (HzÀÄUÉÆ¼ÀªÉ) and when he started crying out of pain, his mouth was gagged by stuffing with a cloth. Accused No.2 brought a saree and strangulated the deceased with the help of accused No.1-Oppatteshwar. In order to project it as an accident case, accused Nos.1, 3 and 4 shifted his dead body and placed it on the highway and thereby the accused have committed the offences punishable u/Sec.302, 201, 452 r/w Sec.34 IPC.

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NC: 2023:KHC-D:10027 CRL.P No. 101697 of 2023

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After completing detailed investigation, concerned

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police have filed charge sheet against accused Nos.1 to 4 including the petitioners. Accused No.2 who is the wife of deceased is released on bail on the ground that she was 22 weeks pregnant and she is due for delivery. In the complaint, it is specifically stated that since one year, accused No.2 was not living with deceased and she had returned to matrimonial home 3 days back. As per the scan report, she was 3 weeks pregnant when she returned to matrimonial home. This must be the reason for the quarrel between her and deceased.

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Admittedly there are no eyewitnesses to the incident and the entire case of the prosecution is based on circumstantial evidence. As already investigation is completed and charge sheet is filed, the custodial presence of the petitioners is not required for investigation. Having regard to the facts and circumstances of the case, this Court is of the considered opinion that petitioners are entitled for bail. However, the apprehension of the prosecution that the petitioners may threaten or tamper with the prosecution

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NC: 2023:KHC-D:10027 CRL.P No. 101697 of 2023

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witnesses may be overcome by imposing stringent conditions and accordingly, the following:

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ORDER

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Petition is allowed. Petitioners/accused Nos.3 and 4 are released on bail in Crime No.6/2023 of Kudligi Police Station for the offences punishable under Sections 302, 201, 452 r/w sec.34 I.P.C., subject to following:

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CONDITIONS

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a) The petitioner/accused Nos.3 and 4 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the likesum.

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b) Petitioners/accused Nos.3 and 4 shall furnish their residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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8 - NC: 2023:KHC-D:10027 CRL.P No. 101697 of 2023

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c) Petitioners/accused Nos.3 and 4 shall not threaten or tamper with the prosecution witnesses either directly or indirectly.

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d) Petitioners/accused Nos.3 and 4 shall not indulge in any criminal activities.

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e) Petitioners/accused Nos.3 and 4 shall be regular in attending the Court proceedings.

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Sd/JUDGE

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KGK List No.: 1 Sl No.: 7

Sri. Karinagappa S/O Gundumunagu Sannirappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Karinagappa S/O Gundumunagu Sannirappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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