Allowed

Rangappa Naikar @ Umesh v. the State of Karnataka

Karnataka HC6 Nov 2023CRL.P/6125/2023

Case brief

AI extract

What is this about?

This Criminal Petition sought enlargement of the petitioner on bail in a split case where he was convicted for murder. The High Court, finding he had voluntarily surrendered after absconding, allowed the bail prayer subject to conditions.

What did the court decide?

The petitioner was enlarged on bail subject to a personal bond of Rs.1,00,000 with two sureties, regular appearance before the trial court, no tampering with witnesses, and not leaving jurisdiction.

Rangappa Naikar @ Umesh Vs the State of Karnataka — Bail and Remand | Karnataka HC (2023)

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NC: 2023:KHC:39327 CRL.P No. 6125 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6125 OF 2023

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BETWEEN:

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RANGAPPA NAIKAR @ UMESH, S/O KELODIYAPPA NAYKAR, AGED ABOUT 24 YEARS, OCC: COOLIE, R/AT: BEHIND KANNADA SCHOOL, HALAKUDUKU, HOUSE NO.582, BADAMI TALUK, BAGALAKOTE TALUK - 587 101.

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…PETITIONER

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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(BY MISS. POOJA KATTIMANI, ADVOCATE FOR SRI. DINESHKUMAR RAO K., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY MOODABIDRE POLICE STATION, MANGALURU - 575 002 REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. (BY SRI. RANGASWAMY R., HCGP)

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…RESPONDENT (BY SRI. RANGASWAMY R., HCGP) THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.163/2018 (CR.NO.40/2016) OF MOODABIDRE P.S., MANGALURU CITY FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC ON THE FILE OF THE IV ADDL.DISTRICT AND SESSIONS JUDGE D.K., MANGALURU.

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

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NC: 2023:KHC:39327 CRL.P No. 6125 of 2023

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ORDER

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Accused in S.C.No.163/2018 pending before the Court of IV Additional District and Sessions Judge, D.K., Mangaluru arising out of Crime No.40/2016 registered by Moodabidre Police Station, Mangaluru City for the offences punishable under Section 302 read with 34 of IPC is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.40/2016 was registered by

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the Moodabidre Police Station, Mangaluru on the complaint of Sachethan s/o Panduranga G.Shervegar. In the said F.I.R., petitioner was arraigned as accused No.2. Investigation in the case was completed and charge sheet was filed. In the charge sheet petitioner was arraigned as

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accused No.1, case was thereafter, committed to the jurisdictional Sessions Court and numbered as S.C.No.127/2016. In the said case petitioner was granted regular bail. Subsequently, it appears that the petitioner had absented himself before the trial Court and therefore,

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NC: 2023:KHC:39327 CRL.P No. 6125 of 2023

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NBW was issued against him and split case in S.C.No.163/2018 was registered. In the split case the petitioner had voluntarily surrendered on 11.01.2023 and the learned Sessions Judge has remanded him to judicial custody on the said date. His bail application filed before the Sessions Judge in S.C.No.163/2018 was dismissed on 15.04.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that, on the merits of the case petitioner was earlier granted regular bail. For the reasons beyond petitioner's control he could not appear before the trial Court and therefore, NBW was issued against him and he has voluntarily surrendered in the split up case. She also submits that the other accused who have been tried in S.C.No.127/2016 have been convicted for the offence punishable under Section 304(II) of IPC and in the Appeal this Court has enlarged them on bail. Accordingly, she prays to allow the petition.

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NC: 2023:KHC:39327 CRL.P No. 6125 of 2023

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Per contra, the learned HCGP has opposed the bail application.

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Material on record would go to show that, in the

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main matter i.e., in S.C.No.127/2016 petitioner was granted regular bail earlier and for the reasons that he had absented himself on dates of hearing before the trial Court NBW was issued against him and split case was registered. In the split case i.e., S.C.No.127/2016 petitioner had voluntarily surrendered on 11.01.2023 and on the said date he were remanded to judicial custody. Submission made by the learned counsel for the petitioner that other accused who have tried in S.C.No.127/2016 have been convicted for the offence punishable under Section 304(II) of IPC and in the Appeal this Court has suspended the

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order of sentence and enlarged them on bail is not disputed by the learned HCGP. Petitioner who was earlier granted regular bail is in custody from 11.01.2023 for the reason that he has jumped the bail and absented himself on the dates of hearing before the trial Court. For the

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5 - NC: 2023:KHC:39327 CRL.P No. 6125 of 2023

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mistake committed by the petitioner, he is sufficiently punished. Under these circumstances, I am of the view that, petitioner's prayer for grant of regular bail is required to be answered in affirmative. Accordingly, the following:

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.No.163/2018 pending before the Court of IV Additional District and Sessions Judge, D.K., Mangaouru arising out of Crime No.40/2016 registered by Moodabidre Police Station, Mangaluru City for the offences punishable under Section 302 read with 34 of IPC subject to the following conditions:

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a) The petitioner shall execute a 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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6 - NC: 2023:KHC:39327 CRL.P No. 6125 of 2023

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

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d) 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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e) The petitioner shall not involve in similar offences in future.

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SD/JUDGE

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GPG List No.: 1 Sl No.: 46 CT:SNN

Rangappa Naikar @ Umesh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Rangappa Naikar @ Umesh v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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