Allowed

Lakshmavva W/O Ramappa Chigari v. the State of Karnataka

Karnataka HC19 Sept 2023CRL.P/102150/2023

Case brief

AI extract

What is this about?

High Court Dharwad Bench allowed bail to petitioner, accused No.2 in a murder case under IPC sections. She was not present at the incident. Relief granted conditional on bond execution and restrictions.

What did the court decide?

Petitioner released on bail on execution of personal bond of Rs.50,000 with two sureties for like sum and compliance with specific conditions.

Lakshmavva W/O Ramappa Chigari Vs the State… — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC-D:10820 CRL.P No. 102150 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^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. 102150 OF 2023

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BETWEEN:

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LAKSHMAVVA, W/O RAMAPPA CHIGARI, AGE: 50 YEARS, OCC: AGRICULTURE AND HOUSE MAKER, R/O. TEGGINAHAL VILLAGE, TQ: KUSHTAGI, DIST: KOPPAL-583278.

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…PETITIONER

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(BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE)

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AND:

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CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.09.20 15:19:26 +0530

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THE STATE OF KARNATAKA, BY ITS P.S.I., TAVARAGERA POLICE STATION, KUSHTAGI CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-011.

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…RESPONDENT (BY SMT.GIRIJA S.HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C., PRAYING THIS COURT TO, ALLOW THE PETITION FILED U/SEC.439 OF CR.P.C. AND ENLARGE THE PETITIONER/ ACCUSED NO.2 ON REGULAR BAIL IN S.C.NO.48/2023 (CRIME NO.25/2023 OF TAVARAGERA POLICE STATION) PENDING ON THE FILE OF COURT OF PRL. DISTRICT AND SESSIONS JUDGE, AT KOPPAL FOR AN OFFENCES PUNISHABLE U/SECS. 302, 504, 506, 109 R/W SEC.34 OF IPC WITH SUCH CONDITIONS WHICH THIS HON’BLE COURT DEEMS FIT TO BE IMPOSED IN THE CIRCUMSTANCES OF THE CASE.

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2 - NC: 2023:KHC-D:10820 CRL.P No. 102150 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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Petitioner who is arraigned as accused No.2 has filed this petition u/sec.439 of Code of Criminal Procedure (for short, ‘the Cr.P.C.’) to grant her bail in Crime No.25/2023 of Tavaragera Police Station (S.C.No.48/2023 pending on the file of Principal District and Sessions Judge at Koppal) for the offences punishable U/sec. 302, 504, 506, 109 r/w Sec.34 IPC.

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In support of her petition, petitioner has contended that there are no reasonable grounds to believe that she has committed the alleged offence which is punishable with death or life imprisonment for life. She has been falsely implicated merely on the ground that she is the mother of accused No.1. At the time of alleged incident, petitioner was not present at the spot and no overt-acts are attributed to her. There is no active participation of petitioner in the alleged crime. Already

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3 - NC: 2023:KHC-D:10820 CRL.P No. 102150 of 2023

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charge sheet is filed. Petitioner is in judicial custody since 01.03.2023. Her continued custodial presence is not required. 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 prays to allow the petition.

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Learned HCGP submitted oral objections stating that deceased Shekhargouda Policepatil was running a hotel near Higher Primary School of Teggihal village situated on the Mudenur road. Accused No.1-Venkatesh used to object for Shekhargouda Policepatil running hotel in the said place and demanding either to remove the hotel or to give him food free of cost. Even though this fact was brought to the notice of petitioner, who is no other than the mother of accused No.1, she did not choose to advise him.

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3.1 About five days prior to the incident, the wife of deceased along with two children had gone to her parental home at K.Hosur as she was not keeping good health. On

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4 - NC: 2023:KHC-D:10820 CRL.P No. 102150 of 2023

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27.02.2023 at 7.30 p.m., Hanumagouda, the uncle of deceased and others brought the deceased in a Tom-Tom vehicle to K.Hosur. He was not in a position to speak. On enquiry, it was revealed that at around 6.00 p.m., accused No.1 in an inebriated condition visited the hotel and once again started quarreling with the deceased as to why he is running the said hotel and demanding food free of cost. When deceased advised him to go to home as he is in a drunken state and that he should pay the earlier amount due. Enraged by this, accused No.1 assaulted the deceased with hands. He lifted deceased and forcibly dropped him on the floor 2-3 times. As a result of which, deceased sustained injuries and lost consciousness. He was taken to the Government Hospital, Kushtagi and from there shifted to District Hospital, Koppal. However at 11.25 p.m. he died.

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3.2 In respect of the said incident, wife of deceased lodged the complaint. Based on the said complaint, case is registered in Crime No.25/2023 for the offences

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5 - NC: 2023:KHC-D:10820 CRL.P No. 102150 of 2023

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punishable U/sec. 302, 504, 506, 109 r/w Section 34 IPC against accused No.1 and the petitioner and investigation is taken up. Both accused No.1 and petitioner were arrested on 01.03.2023. CWs.6 to 9 are the eye witnesses. The charge sheet makes out a strong prima facie case against the petitioner and prays to reject the petition.

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Heard arguments and perused the record.

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As evident from the charge sheet averments, it

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is the specific case of the prosecution that deceased Shekhargouda Policepatil was running a hotel by the side of Higher Primary School of Teggihal village situated on the Mudenur road. Accused No.1 was acting in a highhanded manner and demanding as to why he is running the hotel without permission and used to consume food without paying money. Though this conduct of accused No.1 is brought to the notice of petitioner, who is no other than his mother, she did not choose to advise him.

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Ultimately on 27.02.203 at 6.00 p.m. accused No.1 picked up quarrel with the deceased in connection with running of the said hotel and not providing him food free of cost. When deceased demanded to accused No.1 to pay the amount due from him, he assaulted the deceased with hands and lifted him and forcibly dropped him on the floor 2-3 times. As a result of which deceased sustained injuries to his head and ultimately died while undergoing treatment at the hospital.

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So far as the petitioner is concerned, the allegations are that when the highhanded conduct of accused No.1 was brought to her notice, she did not advised him or prevent him from repeating it. Admittedly at the time of incident, she was not present at the spot and no overt-acts are attributed to her. Petitioner is a woman. She is in judicial custody since 01.03.2023. Already investigation is completed and charge sheet is filed. Therefore, no longer custodial presence of the petitioner is required. The apprehension of the prosecution

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7 - NC: 2023:KHC-D:10820 CRL.P No. 102150 of 2023

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that she may threaten or tamper with the prosecution witnesses may be overcome by imposing stringent conditions.

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For the above reasons, this Court is of the considered opinion that petitioner is entitled for bail subject to conditions and accordingly the following:

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ORDER

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Petition is allowed.

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Petitioner/accused No.2 is released on bail in Crime No.25/2023 of Tavaragera Police Station (S.C.No.48/2023 on the file of Principal District and Sessions Judge, Koppal) for the offences punishable under Section 302, 504, 506, 109 r/w Sec.34 of IPC, subject to following:

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CONDITIONS

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a) The petitioner/accused No.2 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the like-sum.

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b) Petitioner/accused No.2 shall furnish her residential address proof and shall inform

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8 - NC: 2023:KHC-D:10820 CRL.P No. 102150 of 2023

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

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c) Petitioner/accused No.2 shall not tamper with the prosecution witnesses directly or indirectly.

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d) Petitioner/accused No.2 shall not indulge in any criminal activities.

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e) Petitioner/accused No.2 shall be regular in attending the Court proceedings.

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Sd/JUDGE

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CLK List No.: 1 Sl No.: 20

Lakshmavva W/O Ramappa Chigari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Lakshmavva W/O Ramappa Chigari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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