Allowed

Mr Prashanth @ Pachu @ Pachile Pacchu v. the State of Karnataka

Karnataka HC6 Mar 2023CRL.P/756/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition seeking regular bail for the petitioner, accused No.5. The court held that with the trial concluded and holdup due to pending FSL report, continuation of custody was unwarranted. Bail was granted based on parity with co-accused subject to standard conditions.

What did the court decide?

Petitioner released on bail with a personal bond of Rs.2,00,000/- and two sureties, subject to conditions including not tampering with witnesses, appearing in court, not leaving jurisdiction, and avoi

Mr Prashanth @ Pachu @ Pachile Pacchu Vs the State of… — Cheque Dishonour | Karnataka HC (2023)

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CRL.P No. 756 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA

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CRIMINAL PETITION NO. 756 OF 2023

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BETWEEN:

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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MR. PRASHANTH @ PACHU @ PACHILE PACCHU S/O. PADMANABHA AGED ABOUT 32 YEARS R/AT HOSANGADY, UPPALA MANJESHWARA TALUK KASARAGODU DISTRICT-671 322.

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…PETITIONER

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(BY SRI TALHA ISMAIL BENGRE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY SURATKAL POLICE STATION DAKSHINA KANNADA REPRESENTED BY S.P.P. HIGH COURT BUILDING BENGALURU-560 001.

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…RESPONDENT

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(BY SRI VISHWAMURTHY S., HCGP)

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THIS CRL.P. IS FILED U/S.439 OF CR.P.C., PRAYING TO GRANT AN REGULAR BAIL TO THE PETITIONER HEREIN BY ORDERING THE CONCERNED JAIL AUTHORITY TO RELEASE THE PETITIONER i.e., ACCUSED NO.5 NAMED MR. PRASHANTH @ PACHU @ PACHILE PACCHU IN CRIME NO.133/2019 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 363, 302, 201, 120B READ WITH 149 OF IPC., OF UALALA P.S., PENDING O THE FILE OF 3^RD ADDITIONAL DISTRICT AND SESSIONS COURT AT MANGALORE, IN S.C. NO.75/2020 AND ETC.

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CRL.P No. 756 of 2023

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

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ORDER

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Heard Sri. Talha Ismail Bengre, learned counsel for the petitioner and Sri. Vishwamurthy S., learned High Court Government Pleader for the respondent-State. Perused the records.

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Present petition is filed under Section 439 of Cr.P.C. with the following prayer:

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“Wherefore, the petitioner most respectively prays that this Hon'ble Court be pleased to grant an regular bail to the petitioner herein by ordering the concerned jail authority to release the petitioner i.e., accused No.5 named Mr. Prashanth @ Pach @ Pachile Pacchu in Crime No.133/2019 for the offences punishable under Sections 143, 147, 148, 364, 302, 201, 120B read with 149 of IPC, of Ullal Police station, pending on the file of 3rd Additional District and Sessions Court at Mangaluru, in S.C.No.75/2020 and grant such other further relief which this Hon'ble Court may deem fit under the circumstances of the case in the interest of justice and fair play .”

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CRL.P No. 756 of 2023

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The petitioner is accused No.5, who has faced the trial for the offence punishable under Section 302 read with Section 201 of IPC in respect of Cr.No.133/2019 dated 30.11.2019. It is submitted at the Bar that the trial is almost complete and the case is now posted for arguments and the trial is held up for want of FSL report.

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The accused- Petitioner is in custody since 21.08.2022.

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It is submitted on behalf of the petitioner that the coaccused have granted bail by this Court and the present petitioner-accused also stands on the same footing and therefore sought for grant of bail.

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Learned High Court Government Pleader however

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opposes the grant of bail.

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Perused the material on record including the order passed by this Court in respect of co-accused persons where the co-accused persons have been enlarged on bail.

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Taking note of the fact that the trial is concluded, continuation of the accused-petitioner in judicial custody is no

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CRL.P No. 756 of 2023

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longer warranted and also on the ground of parity, the petitioner has made out a case for grant of bail.

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Hence, the following:

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O R D E R

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The petition is allowed.

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The petitioner-accused No.5 shall be released on bail in Cr.No.133/2019 of Ullal Police Station, Mangaluru for offence punishable under Sections 143, 147, 148, 120B, 364, 201 read with 149 of IPC, subject to following condition:

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i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for like-sum to the satisfaction of the jurisdictional Court.

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ii. The petitioner shall not indulge in tampering the prosecution witnesses.

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iii. The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the court for any genuine cause.

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CRL.P No. 756 of 2023

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iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.

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v. The petitioner shall not involve in any criminal activities.

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If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.

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Ordered accordingly.

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Sd/JUDGE

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AG List No.: 1 Sl No.: 45

Mr Prashanth @ Pachu @ Pachile Pacchu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Prashanth @ Pachu @ Pachile Pacchu v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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