The High Court of Karnataka rejected a bail petition filed under Section 439 CrPC. The court denied bail to the accused for violating prior bail conditions through consistent absence from court proceedings.
Bail petition rejected and accused remains in judicial custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:10303 CRL.P No. 101788 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 101788 OF 2023 (439-)
BETWEEN:
SHRI. KASAPPA RAMAPPA KARIKOLLA, AGE: 42 YEARS, OCC: AGRICULTURE, R/O: HALALLI, TQ: ATHANI, DIST: BELAGAVI-591265.
…PETITIONER
(BY SRI. B. S. SANGATI, ADVOCATE)
AND:
CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.1412:43:18 +0530
THE STATE OF KARNATAKA, BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH PS, AIGALI, DIST: BELAGAVI.
…RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER/ ACCUSED NO.2 IS CONCERNED IN CRIME NO.117/2016 REGISTERED WITH AIGALI PS FOR OFFENCE U/S 302, 504, 506 R/W 34 OF IPC, AS AGAINST PETITIONER/ACCUSED NO.2 IS CONCERNED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2023:KHC-D:10303 CRL.P No. 101788 of 2023
ORDER
Petitioner who is arraigned as accused No.2 has filed this petition under section 439 of Criminal Procedure Code (for short, “Cr.P.C.”) to release him on bail in Crime No.117/2016 registered with Aigali Police Station, for the offences punishable under Sections 302, 504 and 506 read with Section 34 of Indian Penal Code (for short, “IPC”).
- In support of his petition, petitioner has contended that he is innocent and law-abiding citizen and has not committed the alleged offences. He is having a good defence. The trial Court is not justified in rejecting his application for bail. The petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial Court and pray to allow the petition.
offences punishable under sections 302, 504 and 506 read with Section 34 IPC. Though the Sessions Court rejected the bail application of petitioner/accused, he was granted bail by this Court in Criminal Petition No.100517/2017. However, during trial the petitioner absented himself and after much effort, he was arrested and remanded to judicial custody. On account of his continuous absence, the trial was hampered and protracted. Having violated the conditions of bail, now petitioner is not entitled for bail and prays to reject the bail petition.
Nos. 1 to 4, alleging that on 13.9.2016, in the evening when deceased-Ramesh and his friend Dundappa Basappa Kalashetti were standing by the side of Halalli Bus stand road, accused Nos.1 to 4 picked up quarrel with them in an inebriated condition and assaulted them. In this background, on 17.9.2016, under the pretext of giving work to them, accused No.1 Huchappa Honagoudar and
NC: 2023:KHC-D:10303 CRL.P No. 101788 of 2023
accused No.2-Kasappa Ramappa Karikolla took Ramesh and Dundappa to the land of accused No.1-Huchappa Honagoudar and all the accused persons assaulted Ramesh and Dundappa with clubs and stones. Dundappa escaped and informed the complainant. When she went to the spot, she found Ramesh in injured condition. When she was taking Ramesh with her, accused persons give threat not to lodge complaint. Ramesh was admitted to hospital. However, on 28.09.2016, he died.
- Based on the complaint, investigation was
taken up. During crime stage, accused secured bail. After completing investigation, the concerned police have filed charge sheet against accused Nos.1 to 4. At the stage of framing charges, petitioner who is arraigned as accused No. 2 absented himself. Therefore, the trial Court issued non-bailable warrants against him. In fact notice to surety was also issued. The surety was also not able to produce the petitioner before the Court. Ultimately, the concerned
police were able to arrest the petitioner and produced him
before the Court and he is remanded to judicial custody.
filed by him. Hence, the petitioner is before this Court seeking bail. It is relevant to note that in the petition, except reiterating that he has not committed the alleged offences and that he is falsely implicated, the petitioner has not at all stated any reasons for not attending the Court proceedings. Right from inception, he remained absent, and after exempting his presence on several hearing dates, ultimately on 17.11.2022, the trial Court rejected his prayer for exemption by observing that on account of his continuous absence, there is no progress in the case and issued NBW against him. Despite issue of NBW, the petitioner did not choose to appear before the trial Court and seek recalling of NBW by giving reasons for his absence. The surety was also not able to secure the presence of petitioner and produced him before the Court. Ultimately the concerned police were able to execute the
warrant and accused was remanded to judicial custody. Looking to the conduct of the petitioner in absenting himself and thereby violating the terms and conditions imposed in the bail granted to him, this Court is of the considered opinion that the petitioner is not entitled for
bail and accordingly, the following:
ORDER
Petition filed by the petitioner under section
439 CR.P.C. is here by Rejected.
SD/JUDGE
AC List No.: 1 Sl No.: 21
2 issues framed by the court
Whether to grant bail to accused No. 2 in a murder case.
Whether the petitioner who absented himself and violated bail conditions is entitled to bail.
1 provisions across 1 enactments
SHRI. KASAPPA RAMAPPA KARIKOLLA
THE STATE OF KARNATAKA
J.M.KHAZI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
