Allowed

Sri. Shashikumar @ Shashkumar @ Kapi v. State of Karnataka

Karnataka HC25 Oct 2023CRL.P/3977/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition for regular bail under S.439 Cr.P.C. in a case of assault and snatching. Considering the investigation completion and co-accused's anticipatory bail, the court granted bail subject to bond and conditions.

What did the court decide?

Petitioner released on bail subject to personal bond of Rs.1,00,000 with two sureties and conditions regarding appearance, non-tampering, and jurisdiction.

Sri. Shashikumar @ Shashkumar @ Kapi Vs State of Karnataka — Bail and Remand | Karnataka HC (2023)

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1 - NC: 2023:KHC:37811 CRL.P No. 3977 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 25^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 3977 OF 2023

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BETWEEN:

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SRI. SHASHIKUMAR @ SHASHKUMAR @ KAPI, S/O BABU, AGED ABOUT 21 YEARS, RESIDING AT R. P. ROAD, NANJNAGUDU TOWN AND TALUK, MYSURU DISTRICT-571301.

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…PETITIONER (BY SRI RAJANNA C, ADVOCATE)

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AND:

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Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA, BY NANJANAGUDU TOWN POLICE STATION, MYSURU DISTRICT, REPRESENTED BY ITS PP, HIGH COURT BUILDING, BANGALORE - 560 001.

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…RESPONDENT (BY SRI JAIRAM SIDDI, HCGP)

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THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.149/2022 OF NANJANAGUDU TOWN POLICE STATION MYSURU DISTRICT FOR THE OFFENCE P/U/S.397 OF IPC PENDING ON FILE OF CIVIL JUDGE AND JMFC COURT NANJANAGUD MYSURU DISTRICT IN C.C.NO.30/2023. THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU HAS DISMISSED THE BAIL PETITION ON 10.04.2023 IN CRL.MISC.NO.497/2023.

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

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NC: 2023:KHC:37811 CRL.P No. 3977 of 2023

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ORDER

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Accused No.1 in Crime No.149/2022 registered by Nanjangudu Town Police Station, Mysuru District for the offence punishable under Section 394 of Indian Penal Code (for short hereinafter referred to as 'IPC') is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent - State.

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Facts leading to the filing of this petition narrated briefly are:

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On the complaint of Jagadisha son of Mahadevu dated 24.12.2022, FIR in Crime No.149/2022 was registered by Nanjanagudu Town Police Station, Mysuru district against the petitioner and another initially for the offence punishable under Section 394 of IPC. In the complaint, it is averred that on 23.12.2022 at about 5:30 p.m., when the complainant and his friend Gautham were walking towards Chikkadevamma temple in their village, the accused persons restrained them and accused No.1/petitioner took out a knife from his pocket and asked the complainant to pay money and also to handover his

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3 - NC: 2023:KHC:37811 CRL.P No. 3977 of 2023

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mobile. Accused No.1 allegedly threatened to assault the complainant with a knife. When the complainant objected for his behaviour, accused No.1 allegedly tried to assault him with the knife but the complainant evaded from the spot. Thereafter, accused No.2 allegedly assaulted the complainant and his friend Gautham with a stone on his waist. Accused persons allegedly snatched a sum of Rs.1,200/- from the complainant and also one Lava keypad mobile from Gautham and after criminally intimidating the complainant and his friend, the accused persons went away from the spot. Complainant thereafter went to the hospital and on the next day approached the Police and lodged a complaint which had resulted in registering FIR in Crime No.149/2022 against accused Nos.1 and 2.

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The bail application filed by the petitioner under Section 439 of Criminal Procedure before the III Additional Sessions Judge, Mysuru in Criminal Misc. No.497/2023 was dismissed on 10.04.2023. It is under these circumstances, the petitioner is before this Court seeking regular bail.

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Learned counsel for the petitioner having reiterated

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the grounds urged in the petition submits that accused No.2

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NC: 2023:KHC:37811 CRL.P No. 3977 of 2023

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has been granted anticipatory bail by the Sessions Court and the petitioner is in custody since 24.12.2022 and he accordingly prays to allow the petition.

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Per contra, learned High Court Government Pleader

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has seriously opposed the bail petition and prays for dismissal of the petition.

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I have carefully considered the rival arguments of the learned counsel for both sides and also perused the material on record.

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The complainant as well as the charge sheet allegations would go to show that accused Nos.1 and 2 had assaulted the complainant and his friend while they were going towards a temple in their village and demanded payment of money and they also snatched his mobile phone. Allegation in the complaint as well as the charge sheet as against accused Nos.1 and 2 are almost identical. Accused No.2 has been granted anticipatory bail in the present case by the Sessions Judge. The petitioner is custody from 24.12.2022. Investigation in the case is complete and having regard to the fact that accused No.2 has already been granted anticipatory bail, I am

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5 - NC: 2023:KHC:37811 CRL.P No. 3977 of 2023

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of the view that the petitioner has made out a case for grant of regular bail.

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Accordingly, I pass the following:

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ORDER

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The Criminal Petition is allowed.

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The petitioner is directed to be released on bail in respect of Crime No.149/2022 registered by the Nanjanagudu Town Police Station, Mysuru District for the offence punishable under Section 394 of IPC, subject to the following conditions:-

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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6 - NC: 2023:KHC:37811 CRL.P No. 3977 of 2023

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d) The petitioner shall not involve in similar offences in future;

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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GVP List No.: 1 Sl No.: 30

Sri. Shashikumar @ Shashkumar @ Kapi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. Shashikumar @ Shashkumar @ Kapi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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