Allowed

Sanju S/O Vittal Kadakol v. the State of Karnataka

Karnataka HC11 Sept 2023CRL.P/101917/2023

Case brief

AI extract

What is this about?

High Court granted anticipatory bail to the petitioner accused in a conspiracy to murder case under IPC and Arms Act. Bail was allowed subject to personal bond conditions regarding appearance, investigation cooperation, and restrictions on criminal activities and witness tampering.

What did the court decide?

Petitioner shall be released on bail in Crime No.102/2023 subject to payment of bond with sureties and compliance with conditions regarding appearance and investigation cooperation.

Sanju S/O Vittal Kadakol Vs the State of Karnataka — Narcotics (NDPS) | Karnataka HC (2023)

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NC: 2023:KHC-D:10328 CRL.P No. 101917 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 11^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. 101917 OF 2023 (438-)

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BETWEEN:

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SANJU S/O VITTAL KADAKOL AGE: 30 YEARS, OCC: BUSINESSMAN, R/O. RUDRASWAMI PETH, JAMKHANDI-587301, TQ: JAMKHANDI, DIST: BAGALKOT.

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…PETITIONER

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(BY SRI. PRASHANT S. KADADEVAR, ADVOCATE)

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AND:

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.09.1412:43:40 +0530

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THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH IN JAMAKHANDI RURAL POLICE STATION.

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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. 438 OF CR.P.C. SEEKING TO ALLOW THE PETITION AND GRANT ANTICIPATORY BAIL TO THE PETITIONER, WHO IS ACCUSED NO.6 IN JAMKHANDI RURAL P S CRIME NO. 102/2023 FOR OFFENCE P/U/SEC. 143, 147, 120B, 511 R/W 149 OF IPC AND SEC. 25(A) OF INDIAN ARMS ACT.

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

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NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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ORDER

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Petitioner who is arraigned as accused No.6 has filed this petition under Section 438 of Criminal Procedure Code (for short, “Cr.P.C”) to grant him anticipatory bail in Crime No.102/2023 for the offences punishable under Sections 143, 147, 120B, 511 read with Section 149 of Indian Penal Code (for short, “IPC”) and Section 25 (A) of Indian Arms Act, 1959.

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In support of his petition, petitioner has contended that he is innocent and law abiding citizen. He is not involved in the alleged crime. The alleged offences

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are not punishable with death or imprisonment for life. False case has been foisted against the petitioner/accused No.6. There is no material to connect him with the alleged crime. Already accused Nos.1 to 5 have been granted bail. The custodial presence of the petitioner/accused No.6 is not required for the purpose of investigation. He is ready and willing to abide by any conditions that may be imposed and prays to allow the petition.

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3 - NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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Learned High Court Government Pleader

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submitted oral objections stating that complainant is working as PSI (Law and Order) Jamakhnadi Rural Police Station. On 22.07.2023 at about 10.00 a.m., while complainant was in the station, he was informed by C.H.C1329 Shri.B.V.Gulbal that he has received credible information that about 5 to 6 persons are sitting in a defunct Panchayath building of Muttur R.C. and engaged in conspiracy. Immediately, complainant informed the D.S.P and Circle Inspector and on their directions along with his staff namely, ASI Sri K.P.Savadati, CHC No.1329 B.V.GulBal, 412 B.P.Kusnale, CPC No.921 P.M.Hosamani, CPC 1598 S.S.Jakati, P.C.-918 R.H.Pujari, P.C.-1647 B.B. Vanajol, CPC-775, S.M.Badiger, 685 M.S.Savadi, went to the spot at 10.30 a.m.

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3.1 They stopped vehicle at some distance and watched. The persons who were inside building are speaking and engaged in conversion. On sighting them petitioner ran away. However, the police were able to apprehend the remaining 5 persons i.e. accused Nos.1 to

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NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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On enquiring with the said persons, it was revealed that about 7-8 years back, accused No.2-Sidappa Latte was found speaking to Pratibha W/o. Prakash Bheerappa Latte and this was seen by his elder brother Yallappa. He warned both accused No.2 and Pratibha. He also brought the fact to notice of father of accused No.2. Thinking that yallappa may caused harm to him, Accused No.2 planed to eliminate said the Yallappa.

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3.2 In this connection accused No.3-Parashuram kariholi, introduced him to accused No.1-Kiran Chigari, who demanded Rs.10,00,000/- to eliminate the Yallappa and he has paid Rs.40,000/- and remaining Rs.70,000 was paid through phone pay to accused No.4-Siddartha. They promised to pay the balance amount after the work is carried out. In this regard other accused were called and

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they were discussing how to carry out the plan. Petitioner/accused No.6 has brought a sword and an Airgun and given to accused No.1-Kiran.

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3.3 Accused No.3-Parashuram Kariholi disclosed that his senior uncle’s Son-Ramappa kareppa Kariholi is

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NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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frequently interfering with enjoyment of adjoining land and he was also discussing with accused No.6-Sanju Vittal Kadakol and which he demanded Rs.25,00,000/- to eliminate Ramappa Kariholi. In this background, accused Nos.1 to 5 were arrested. The Airgun and sword as well as cash Rs.5,350/- found with the accused were seized.

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3.4 Based on the complaint, case is registered in Crime No.102/2023 for the offences punishable under Sections 143, 147, 120, 511 and 149 of IPC and Section 25 (A) of Arms Act, 1959. Investigation is taken up. Already petitioner/accused No.6-Sanju Vittal Kadakol is involved in Crime No.163/2018 and for this reason the Session Court has rightly rejected the bail petition and prays to reject this petition also.

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Heard the arguments and perused the records.

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On 22.07.2023 at about 10.00 a.m., while

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complainant was in the station, he was informed by C.H.C1329 Shri.B.V.Gulbal that he has received credible information that about 5 to 6 persons are sitting in a defunct Panchayath building of Muttur R.C. and engaged in

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NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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conspiracy. Immediately, complainant informed the D.S.P and Circle Inspector and on their directions along with his staff namely, ASI Sri K.P.Savadati, CHC No.1329 B.V.GulBal, 412 B.P.Kusnale, CPC No.921 P.M.Hosamani, CPC 1598 S.S.Jakati, P.C.-918 R.H.Pujari, P.C.-1647 B.B. Vanajol, CPC-775, S.M.Badiger, 685 M.S.Savadi, went to the spot at 10.30 a.m.

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5.1 They stopped vehicle at some distance and watched. The persons who were inside building are speaking and engaged in conversion. On sighting them petitioner ran away. However, the police were able to apprehend the remaining 5 persons i.e. accused Nos.1 to 5. On enquiring with the said persons, it was revealed that about 7-8 years back, accused No.2-Sidappa Latte was found speaking to Pratibha W/o. Prakash Bheerappa Latte and this was seen by his elder brother Yallappa. He warned both accused No.2 and Pratibha. He also brought the fact to notice of father of accused No.2. Thinking that yallappa may caused harm to him, Accused No.2 planed to eliminate said the Yallappa.

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NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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5.2 In this connection accused No.3-Parashuram

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kariholi, introduced him to accused No.1-Kiran Chigari, who demanded Rs.10,00,000/- to eliminate the Yallappa and he has paid Rs.40,000/- and remaining Rs.70,000 was paid through phone pay to accused No.4-Siddartha. They promised to pay the balance amount after the work is carried out. In this regard other accused were called and they were discussing how to carry out the plan. Petitioner/accused No.6 has brought a sword and an Airgun and given to accused No.1-Kiran.

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5.3 Accused No.3-Parashuram Kariholi disclosed that

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his senior uncle’s Son-Ramappa kareppa Kariholi is frequently interfering with enjoyment of adjoining land and he was also discussing with accused No.6-Sanju Vittal Kadakol and which he demanded Rs.25,00,000/- to eliminate Ramappa Kariholi. In this background, accused Nos.1 to 5 were arrested. The Airgun and sword as well as cash Rs.5,350/- found with the accused were seized.

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5.4 Based on the complaint, case is registered in Crime No.102/2023 for the offences punishable under

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NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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Sections 143, 147, 120, 511 and 149 of IPC and Section

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25 (A) of Arms Act, 1959. Investigation is taken up.

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During course of investigation, accused Nos.1 to 5 have been granted bail by Session Court. However, anticipatory bail petition filed by the petitioner/accused No.6 came to be rejected on the ground that he is involved in the Crime No.163/2018 for the offence punishable under Section 25(1B)(a) Arms Act. So far as the present case is concerned, the offences alleged are under Sections 143, 147, 120B, 511 read with Section 149 of IPC and Section 25 (A) of Arms Act, which are not exclusively punishable with death or imprisonment for life. Already the recovery is made from the possession of accused Nos.1 to 5. Therefore, custodial presence of the petitioner/accused No.6 is not required. However, the interest of the prosecution is required to be safeguarded by imposing conditions. Accordingly, the following:

ORDER

Petition is allowed.

NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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In the event of his arrest in Crime No.102/2023 for the offences punishable under Sections 143, 147, 120B, 511 and 149 of IPC and Section 25 (A) of Arms Act, 1959 Petitioner/accused No.6 shall be released on bail, subject to following:

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CONDITIONS

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a) The petitioner/accused No.6 shall execute a

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personal bond in a sum of Rs.50,000/- with two sureties for the like-sum.

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b) The petitioner/accused No.6 shall appear before the investigating officer within a period of 15 days and execute the bail bond and offer surety.

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c) The petitioner/accused No.6 shall make himself available for the purpose of investigation as and when required and he shall co-operate with the investigation.

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d) The petitioner/accused No.6 shall furnish his residential address proof and shall

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NC: 2023:KHC-D:10328 CRL.P No. 101917 of 2023

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inform the investigating officer/Court if there is any change in the address.

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e) The petitioner/accused No.6 shall mark his attendance at the Jurisdictional Police Station once in 15 days till filing of the charge sheet.

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f) The petitioner/accused No.6 shall not tamper with the prosecution witnesses either directly or indirectly.

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g) The petitioner/accused No.6 shall not indulge in any criminal activities.

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h) The petitioner/accused No.6 shall be regular in attending the Court proceedings.

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SD/JUDGE

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List No.: 1 Sl No.: 14

Sanju S/O Vittal Kadakol v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sanju S/O Vittal Kadakol v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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