Allowed

Vijay Basappa Andanashetti v. the State of Karnataka

Karnataka HC10 Oct 2023CRL.P/102486/2023

Case brief

AI extract

What is this about?

High Court granted bail to the petitioner/accused No.2 in a case registered for offences under IPC involving affray and hurt. The court imposed stringent conditions, including execution of a personal bond with sureties, cooperation with investigation, and prohibition on tampering with witnesses.

What did the court decide?

Petitioner released on bail subject to execution of personal bond of Rs. 1,00,000 with two sureties for like sum and stringent conditions.

Vijay Basappa Andanashetti Vs the State of… — Public Procurement and Tenders | Karnataka HC (2023)

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NC: 2023:KHC-D:12133 CRL.P No. 102486 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF OCTOBER, 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. 102486 OF 2023

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BETWEEN:

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VIJAY BASAPPA ANDANASHETTI, AGE: 23 YEARS, OCC: AGRL, R/O. MATHAD ONI, DODWAD, TQ: BAILHONGAL, DIST: BELAGAVI.

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…PETITIONER

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(BY SRI. LAXMAN T. MANTAGANI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY DODWAD P.S.I, DODWAD REPRESENTED BY ADDITIONAL SPP, HIGH COURT PREMISES, DHARWAD 580011

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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CHANDRASHEKARLAXMANKATTIMANI Digitally signed byCHANDRASHEKARLAXMANKATTIMANIDate: 2023.10.11 12:42:10 +0530

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C, PRAYING THIS COURT TO, ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.2 HEREIN ON BAIL, FOR THE CASE REGISTERED BY PSI, DODDAWAD PS, DODDAWAD IN CRIME NO.93/2023 DTD 28.08.2023 FOR THE ALLEGED OFFENCES PUNISHABLE FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 341, 323, 324, 307, 504 AND 109 R/W 149 OF IPC AND CHALLENGING THE ORDER PASSED BY THE COURT OF IX ADDL. DISTRICT AND SESSIONS JUDGE AND MEMBER ADDL. MACT, BELAGAVI IN CRL. MISC NO.1085/2023 DATED 13.09.2023 (VIDE ANNEXURE-C) IN RESPECT OF THE PETITIONER/ACCUSED NO.2 IS CONCERNED.

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

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2 - NC: 2023:KHC-D:12133 CRL.P No. 102486 of 2023

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ORDER

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Petitioner who is arraigned as accused No.2 has filed this petition under Section 439 of Code of Criminal Procedure (for short, ‘the Cr.P.C.’) to grant him bail in Crime No.93/2023 of Doddawad Police Station for the offences punishable U/sec. 143, 147, 148, 341, 323, 324, 307, 504, 109 r/w/s 149 IPC.

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In support of his petition, petitioner has pleaded

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that he is innocent of the offences alleged. He has not committed the alleged offences or any other offences. No overt-acts are attributed to the petitioner. There are no cogent and satisfactory grounds to involve the petitioner in the crime. There is delay in filing the complaint. The petitioner is agriculturist and permanent resident of the address given in the cause title. He is in judicial custody since 29.08.2023. Already the injured is discharged from the hospital. The Sessions Court has granted bail to accused No.6. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial

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3 - NC: 2023:KHC-D:12133 CRL.P No. 102486 of 2023

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surety to the satisfaction of the trial Court and prays to allow the petition.

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Learned High Court Government Pleader

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submitted oral objections stating that complainant is a businessman. His nephew Manjunath and his friend Veeresh are residing in the same area. One Prajwal Shankar Sai and his friend Bharath were in the habit of riding their motorcycles in a high speed, in rash or negligent manner and they used to unnecessarily honk the horn. In this regard, Manjunath and his friend Veeresh brought this fact to the notice of the mother of Bharath namely accused No.9-Smt.Jayashri Torgal as well as Bharath and Veeresh and advised them. They were angry for this reason.

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In this background on 27.08.2023 at 10.30 p.m. while the complainant was standing at the circle and Manjunath and his friend Veeresh were coming from circle after having dinner at a hotel, accused No.1 to 10 armed themselves with iron rod, lead shot �� and

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picked up quarrel with Manjunath and Veeresh saying that they have the adocity of advising them. So saying accused No.1-Mahantesh Ningappa Tuppad assaulted Manjunath with iron rod on his head, face and back. Accused No.2Vijay assaulted Veeresh with iron rod on his face, back and body. Remaining persons assaulted with stones and hands and both Manjunath as well as Veeresh pushed them to the ground. They kicked them with legs. Complainant and one Umesh Deganvi and Veeranna Humbi shouted and rescued them. All of them left the place on their motorcycles. Initially the injured were given first aid at Belavadi Government Hospital and thereafter shifted to KLE Hospital, Belagavi in ambulance.

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3.1 On the basis of the complaint, case is registered against accused No.1 to 9 and others. The petitioner was arrested on 29.08.2023. Though the injured are discharged from the hospital, the investigation is not yet completed. In the event of granting bail, the petitioner may threaten or tamper with the prosecution witnesses.

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He may also abscond or thereby protract the proceedings and prays to reject the petition.

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Heard arguments and perused the records.

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The genesis of the incident is that one Prajwal

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Shankar Sanvi and his friend Bharat Toragal were in the habit of moving on the motorcycle in a high speed, in a rash or negligent manner. They used to sound horn unnecessarily. Complainant-Iranna Gundappa Turai and his nephew Manjunath Kendri and his friend Veeresh brought all these facts to the notice of mother of Prajwal, namely accused No.9-Jayashri Torgal and requested her to advise them. In this background on 27.08.2023 at 10.30 p.m. while the complainant was standing at the circle and Manjunath and his friend Veeresh were coming from circle after having dinner at a hotel, accused No.1 to 10 armed themselves with iron rod, lead shot �� and

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picked up quarrel with Manjunath and Veeresh saying that they have the adocity of advising them.

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So saying accused No.1-Mahantesh Ningappa

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Tuppad assaulted Manjunath with iron rod on his head, face and back. Accused No.2-Vijay assaulted Veeresh with iron rod on his face, back and body. Remaining persons assaulted with stones and hands and both Manjunath as well as Veeresh pushed them to the ground. They kicked them with legs. Complainant and one Umesh Deganvi and Veeranna Humbi shouted and rescued them. All of them left the place on their motorcycles.

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After the assault, the injured were initially taken to Belawadi Government Hospital and after first aid they were shifted to KLE hospital, Belagavi. Already they are discharged from the hospital and their wound certificate states that they have suffered mild injuries. The voluntary statements of the accused persons are recorded. The incriminating articles are seized through mahazar. The

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date of incident is 27.08.2023 and by now, it can be expected that fair amount of investigation is completed. Already accused No.6 has secured regular bail from the

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Sessions Court. The other accused are granted bail by this Court. Looking to the nature of the injuries suffered by the injured, having regard to the fact that the petitioner is in judicial custody since 29.08.2023, this Court is of the considered opinion that the petitioner is entitled for bail. Ofcourse the interest of the prosecution is required to be safeguarded by imposing stringent conditions and accordingly the following:

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ORDER

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Petition is allowed. Petitioner/accused No.2 is released on bail, in Crime No.93/2023 of Doddawad Police Station for the offences punishable U/sec. 143, 147, 148, 341, 323, 324, 307, 504, 109 r/w/s 149 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.1,00,000/with two sureties for the like-sum.

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b) Petitioner/accused No.2 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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c) Petitioner/accused No.2 shall furnish his residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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

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

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

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Sd/JUDGE

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List No.: 1 Sl No.: 19

Vijay Basappa Andanashetti v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Vijay Basappa Andanashetti v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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