Allowed

Sanju Naika @ Sanjeeva Naika v. the State of Karnataka

Karnataka HC13 Feb 2023CRL.P/411/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner accused in a case involving alleged abetment to suicide, directing police to enlarge him on bail conditioned on cooperation and other restrictions pending investigation.

What did the court decide?

Directing police to enlarge the petitioner-accused on bail by furnishing a personal bond for Rs.1,00,000/- with one surety and subject to five additional conditions.

Sanju Naika @ Sanjeeva Naika Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2023)

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CRL.P No. 411 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO.411 OF 2023

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BETWEEN:

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SANJU NAIKA @ SANJEEVA NAIKA S/O KRISHNA NAIKA AGED ABOUT 28 YEARS R/AT KOKKAREHOSAHALLI VILLAGE YAYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562117.

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…PETITIONER

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(BY SRI. CHETAN DESAI, ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY KODIHALLI P.S., KANAKAPURA CIRCLE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560 001.

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…RESPONDENT

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(BY SRI SHANKAR H.S., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.214/2022 REGISTERED BY THE KOGIHALL POLICE STATION, RAMANAGARA FOR THE OFFENCES PUNISHABLE UNDER SECTION 306 R/W 34 OF IPC PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., KANAKAPURA, RAMANAGARA DISTRICT.

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

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CRL.P No. 411 of 2023

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ORDER

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This petition under Section 438 of Cr.P.C., is filed to enlarge the petitioner-accused No.2 on anticipatory bail, in the event of his arrest in Crime No.214/2022, registered by the Kodihalli Police Station, Kanakapura Circle for the offences punishable under Sections 306 r/w Section 34 of IPC.

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

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The FIR was lodged alleging that, an amount of Rs.15,000/- was transferred from the phone pay account of Venkatesh to the account of Gopal and, one Girish by using the mobile phone of the Venkatesh transferred the said amount. In this regard, the Police interrogated the Girish and thereafter, Girish committed suicide leaving behind a death note.

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Learned counsel appearing for the petitioneraccused No.2 that, even accepting the allegation made in the FIR, on the fact of it, does not satisfy the essential ingredients to constitute the commission of the offence under Section 306 of IPC.

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CRL.P No. 411 of 2023

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On the other hand, learned HCGP appearing for the respondent-State submits that, the allegation prima facie discloses the commission of the offence under Section 306 of IPC, and at this stage, the petitioner is not entitled for anticipatory bail.

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I have considered the submissions made by the learned counsel appearing for the parties.

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The son of the informant, committed suicide on 6.11.2022, and UDR was registered and, after one month from the date of the incident, the FIR was lodged on 6.12.2022.

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Whether, the allegations made in the FIR satisfy the essential ingredients so as to constitute the commission of the offence alleged against the petitioner-accusedNo.2, is a matter which requires to be investigated by the Police, and at this stage, the petitioner-accused has made out a prima facie case to enlarge him on anticipatory bail, in the event of his arrest. Accordingly, I pass the following:

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ORDER

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The criminal petition is allowed and the Kodihalli Police Station, Kanakapura Circle, is hereby directed to enlarge the

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CRL.P No. 411 of 2023

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petitioner-accused No.2 on bail, in the event of his arrest in Crime No.214/2022, for the offences punishable under Section 306 r/w Section 34 of IPC., subject to the following conditions:

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i) Petitioner is ordered to be enlarged on bail by furnishing a personal bond for a sum of Rs.1,00,000/-with one surety for the likesum to the satisfaction of the Investigating Officer;

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ii) He shall co-operate with the Investigating Officer for the purpose of investigation;

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iii) He shall not threaten the prosecution witnesses or lure in any manner;

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iv) He shall not leave the territorial limits without prior permission of the Investigating Officer;

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v) He shall not tamper with the prosecution evidence directly or indirectly;

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vi) He shall mark his attendance on first Sunday of every month between 10.00 a.m. to 5.00 p.m. before the Investigating Officer till the investigation is completed.

Sd/-

JUDGE

List No.: 2 Sl No.: 27

Sanju Naika @ Sanjeeva Naika v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sanju Naika @ Sanjeeva Naika v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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