Allowed

Surendra Thapa v. the State of Karnataka

Karnataka HC26 Oct 2023CRL.P/7053/2023

Case brief

AI extract

What is this about?

This High Court of Karnataka Criminal Petition allowed bail for two petitioners accused of instigating murder in a knife assault case. The court rejected the state's flight risk argument regarding the petitioners' Nepali origin and fixed bail conditions.

What did the court decide?

Petitioners enlarged on bail subject to execution of personal bond, regular appearance, no interference with witnesses, no similar offences, and not leaving jurisdiction.

Surendra Thapa Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2023)

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1 - NC: 2023:KHC:37971 CRL.P No. 7053 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO.7053 OF 2023

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BETWEEN:

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SURENDRA THAPA S/O. DOUBLE THAPA AGED ABOUT 27 YEARS, C/O. A.N. APARTMENT, 20 C CROSS, EJIPURA, BANGALORE CITY – 560 047.

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PERMANENTLY RESIDING AT BHANI VILLAGE, BHEEMADATTANAGAR PALIKA, WARD NO.07, KANCHANAPURA DISTRICT, NEPAL – 10400.

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BINOD TAGUNNA S/O. KAMAL SINGH TAGUNNA, AGED ABUT 28 YEARS, R/AT C/O. OPP. NAGARJUNA HOTEL, 5^TH BLOCK, KORAMANGALA, BANGALORE – 560 034.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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PERMANENTLY R RESIDING AT JALARI VILALGE, WARD NO.08, PARIPATNA, KANCHANAPURA DISTRICT, NEPAL – 10400. ... PETITIONERS

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(BY SRI NARAYANASWAMY K.N., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BELLANDUR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF THE KARNATAKA, HIGH COURT BUILDINGS, BENGALURU – 560001. ... RESPONDENT (BY SRI RANGASWAMY, HCGP)

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2 - NC: 2023:KHC:37971 CRL.P No. 7053 of 2023

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.198/2023 OF BELLANDURU P.S., BENGALURU CITY FOR THE OFFENCE P/U/S. 302 R/W SECTION 34 OF IPC ACT PENDING ON THE FILE OF THE HON’BLE XLI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU.

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

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ORDER

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Accused Nos.2 and 3 in Crime No.198/2023

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registered by Bellanduru Police Station for the offence punishable under Section 302 read with Section 34 of IPC are 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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On the basis of the complaint dated 24.06.2023 lodged by Prashanth Shetty, the FIR in Crime No.198/2023 was registered by Bellanduru Police Station for the aforesaid offence against two to three unknown persons. In the complaint, it is averred that on 24.06.2023 at about 10.00 p.m., when the complainant was closing the shutter of his bakery, he found three to four persons talking loudly on Kasavanahalli Road,

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3 - NC: 2023:KHC:37971 CRL.P No. 7053 of 2023

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quarrelling with each other and one of them stabbed another person with a knife on his chest and other parts of the body and as a result, the person who had received stab injuries collapsed on the road. Immediately, other persons left the spot. The complainant thereafter informed the owner of the building about the incident, who inturn had telephoned the police and thereafter, the person, who had received stab injuries, was shifted to the hospital in an ambulance. The injured succumbed to the injuries on his way to the hospital. It is in this background, the complaint was registered in Crime No.198/2023 against unknown persons. During the course of the investigation, the petitioners were arrested on 26.06.2023. Investigation in the case is completed and the charge-sheet has been filed. The bail application filed by the petitioners herein before the Court of the LXVI Additional City Civil and Sessions Judge, Bengaluru City in Crl. Misc. No.6261/2023 was rejected on 18.11.2023. Therefore, they are before this Court.

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4 - NC: 2023:KHC:37971 CRL.P No. 7053 of 2023

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Learned counsel for the petitioners submits that

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even if the charge-sheet allegations are presumed to be true, no case for an offence punishable under Section 302 of IPC can be made out against the petitioners. He submits that the allegation of stabbing the deceased with a knife is only against accused No.1 and the petitioners have allegedly instigated him to assault the deceased and prays to allow the petition.

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Per contra , learned HCGP has opposed the bail application. He submits that the accused persons hail from Nepal and if they are enlarged on bail, they are likely to flee from justice and he prays to dismiss the petition.

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FIR in Crime No.198/2023 was registered by Bellanduru Police Station initially against two to three unknown persons. During the course of the investigation, accused Nos.1 to 3 were arrested. After completion of the investigation, police have filed charge sheet against all three accused persons for the offence punishable under Section 302 read with Section 34 of IPC. As per the

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5 - NC: 2023:KHC:37971 CRL.P No. 7053 of 2023

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charge-sheet allegations, accused No.1 had earlier quarreled with deceased-Paras Nepali with regard to a mobile phone and during the course of such quarrel, Paras Nepali had allegedly abused the mother of accused No.1 and therefore, accused No.1 had a vengeance against him. It is in this background, accused No.1 approached accused Nos.2 and 3 seeking their help to eliminate Paras Nepali. As per charge-sheet allegations, on 24.06.2023, accused Nos.1 to 3 had called deceased Paras Nepali near Kormangala signal and when he arrived near the signal in a two wheeler, the accused persons pulled him down from the two wheeler and accused No.1 took out a knife and allegedly stabbed the deceased-Paras Nepali on his stomach. Thereafter, when accused No.1 attempted to stab the deceased-Paras Nepali, the deceased tried to evade the said assault and therefore, he sustained injuries on his hand. The allegations against accused Nos.2 and 3 is that they had instigated accused No.1 to stab the deceased-Paras Nepali. Accused Nos.2 and 3/petitioners herein are in custody from 26.06.2023. Undisputedly,

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6 - NC: 2023:KHC:37971 CRL.P No. 7053 of 2023

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they have no criminal antecedents. Investigation is completed and charge-sheet has been filed. The allegations of assault on the deceased with a knife is only against accused No.1 and accused Nos.2 and 3 allegedly instigated accused No.1 to assault the deceased-Paras Nepali.

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Having regard to the nature of the allegations against the petitioners/accused Nos.2 and 3 in the chargesheet and since the investigation is completed and the charge-sheet has already been filed, I am of the view that the prayer made for grant of bail needs to be allowed. Accordingly, I pass the following:

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ORDER

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The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.198/2023 of Bellanduru Police Station registered for the offence punishable under Section 302 read with Section 34 of IPC, subject to the following conditions:

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

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NC: 2023:KHC:37971 CRL.P No. 7053 of 2023

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

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

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

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

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Sd/JUDGE

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MBM

Surendra Thapa v. the State of Karnataka

Case brief

What is this about?

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Surendra Thapa v. the State of Karnataka

Case brief

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