Allowed

Chandrahasha K T @ Chandra v. State of Karnataka

Karnataka HC9 Mar 2023CRL.P/751/2023

Case brief

AI extract

What is this about?

Thepetitioner challenged his arrest in a murder case citing parity with a co-accused granted anticipatory bail. The High Court granted anticipatory bail in the new case, allowing investigation.

What did the court decide?

The petitioner was granted anticipatory bail and directed to join the investigation on 20.3.2023. Bail was to be enlarged after custodial investigation subject to prescribed conditions.

Chandrahasha K T @ Chandra Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

¶1

1 - CRL.P No. 751 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 9^TH DAY OF MARCH, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE V SRISHANANDA

¶6

CRIMINAL PETITION NO. 751 OF 2023

¶7

BETWEEN:

¶8

CHANDRAHASHA K T @ CHANDRA S/O THAMMANNEGOWDA AGED ABOUT 23 YEARS R/AT KOKKAREHOSAHALLI VILLAGE HUKUNDA POST, KASABA HOBI, KANAKAPURA TALUK RAMANGAR DISTRICT-562 119

¶9

…PETITIONER

¶10

(BY SRI. D R SRIDHARA, ADVOCATE)

¶11

AND:

¶12

Digitally signed by CHAITHRA A Location: High Court of Karnataka

¶13

STATE OF KARNATAKA BY KODIHALLI P.S REP BY STATE PUBLIC PROSECUTOR CITY CIVIL COURT COMPLEX BENGALURU

¶14

…RESPONDENT (BY SRI.VINAYAKA V.S, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.214/2022 REGISTERED BY THE KODIHALLI POLICE STATION, RAMANAGARA FOR THE OFFENCE P/U/S 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.

¶15

¶16

CRL.P No. 751 of 2023

¶17

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

¶18

ORDER

¶19

This petition is filed under Section 438 of Cr.P.C with

¶20

the following prayer:

¶21

“Wherefore, the Petitioner / Accused No.1 most respectfully prays that this Hon’ble Court be pleased to grant anticipatory bail by directing the respondent police to enlarge him on bail in the event of his arrest in Crime No.214/2022 of Kodihalli Police Station for the alleged offence Punishable under Section 306 R/w Section 34 of IPC pending in Hon’ble I Additional Civil Judge and J.M.F.C at Kanakapura District, Ramanagara, on such terms and conditions this Hon’ble Court may deem fit and proper after considering the facts and circumstances of this case, in the interest of justice.”

¶22

Petitioner is accused No.1 in Crime

¶23

No.214/2022 on the file of the Kodihalli Police Station,

¶24

Ramanagar District. The offences alleged against the petitioner and others are under Section 306 read with Section 34 of IPC.

¶25

¶26

CRL.P No. 751 of 2023

¶27

The brief facts of the case are as under:

¶28

Upon the unnatural death of Girisha. K Y., the

¶29

aforesaid complaint came to be registered as UDR case and later on suspecting the hand of the petitioner and others, a case came to be registered in Crime No.214/2022.

¶30

The co-accused has been granted anticipatory bail by this Court in Crl.P.No.411/2023. Based on the same, petitioner is also seeking grant of bail. However, the learned HCGP opposes grant of bail by contending that there is a death note.

¶31

The name of the co-accused who has the benefit of anticipatory bail also appears in the death note. Thus, without discussing further on the merits of the matter, this Court is of the opinion that the petitioner is entitled for grant of anticipatory bail on the ground of parity. The apprehension can be met with by directing the petitioner to join the investigation.

¶32

¶33

CRL.P No. 751 of 2023

¶34

Accordingly, I pass the following:

¶35

ORDER

¶36

The petition is allowed. The petitioner is directed to join the investigation by appearing before the Investigating agency on 20.3.2023 at 10.00 a.m. The investigating Officer is at liberty to take the accused to custody and complete the custodial investigation on the same day before 6.00 p.m. The petitioner shall co-operate with the Investigating agency including furnishing of handwriting etc. After the custodial investigation, the petitioner shall be enlarged on bail in Crime No.217/2022 of Kodihalli Police Station, for offence punishable under Section 306 read with Section 34 of IPC. subject to the following conditions:

¶37

(i) The petitioner shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the like sum to the satisfaction of the Investigating Officer;

¶38

5 - CRL.P No. 751 of 2023

¶39

(ii) The petitioner shall not tamper with the prosecution witnesses in any manner;

¶40

(iii) The petitioner shall not leave the jurisdiction of Ramnagara District without prior permission;

¶41

(iv) The petitioner shall mark his attendance before the Investigating Officer on every alternate Sunday between 10.00 a.m. to 2.00 p.m. till the charge sheet is filed;

¶42

(v) The petitioner shall attend the Court regularly.

¶43

Violation of any one of the above bail conditions

¶44

would entitle the prosecution to seek for cancellation of bail.

¶45

Sd/JUDGE

¶46

ALB List No.: 1 Sl No.: 47

Chandrahasha K T @ Chandra v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Chandrahasha K T @ Chandra v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Puttappa Vs State of Karnataka

Sri Thulasiraman K Vs State by Inspector of Customs Ciu Airport and Aircargo Complex Bengaluru

Sri Suresh H K Vs the State of Karnataka

Sri Nizam @ Mohammed Nizam Vs State of Karnataka

S Pervez Vs the State of Karnataka

Smt Akkamahadevi Manjunath Pammar Vs State of Karnataka