Allowed

Khanaram v. the State of Karnataka

Karnataka HC9 Nov 2023CRL.P/9114/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka granted anticipatory bail to two accused persons apprehending arrest in connection with an accident-casedeathcase involving fire. The court noted the case was pending for six years with no progress and directed release subject to specific conditions of bond and appearance.

What did the court decide?

Petition allowed; petitioners released on personal bond of Rs. 1,00,000 with two sureties subject to conditions of appearance and non-tampering.

Khanaram Vs the State of Karnataka — Bail and Remand | Karnataka HC (2023)

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NC: 2023:KHC:40137 CRL.P No. 9114 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF NOVEMBER, 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. 9114 OF 2023

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BETWEEN:

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KHANARAM S/O. NENA RAM, AGED ABOUT 42 YEARS, R/AT NO.16, MAGADI MAIN ROAD, GOLLARAPALYA, VISWANEEDAM POST, PIN-560 091.

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Digitally signed by SHARANYA T Location: HIGH COURT OF KARNATAKA

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KAILAS S/O. NARAYAN RAMJI, AGED ABOUT 36 YEARS, R/AT NO.7/1, MAGADI MAIN ROAD, HOSAHALLI, GOLLARAPALYA, VISWANEEDAM POST, BENGALURU-560 091.

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…PETITIONERS

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(BY SRI. ANJAN KUMAR T., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY TAVAREKERE POLICE STATION, BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560 001.

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…RESPONDENT (BY SRI. RANGASWAMY, HCGP)

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2 - NC: 2023:KHC:40137 CRL.P No. 9114 of 2023

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THIS CRL.P. IS FILLED U/S 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRL.MISC.P.NO.2073/2022 (CR.NO.167/2016) OF TAVAREKERE P.S., RAMANAGARA DISTRICT FOR THE OFFENCES P/U/S 285, 286, 304, 304(A), 427 OF IPC ON THE FILE OF THE C.J.M BENGALURU RURAL DISTRICT BENGALURU. THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused Nos.1 and 2 in C.C.No.4469/2020

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pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru arising out of Crime No.167/2016 registered by Tavarekere Police Station, Ramanagara for the offences punishable under Sections 285, 286, 304, 304-A and 427 of IPC are before this Court under Section 438 of Cr.P.C.

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Heard the learned counsel for the parties.

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On a complaint dated 22.04.2016 lodged by Dhanpala H.K., S/o. Krishnegowda, FIR in Crime

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No.167/2016 was registered by Tavarekere Police Station, Magadi Circle, Ramanagara. Initially, case was registered for the offences punishable under Sections 304, 304-A,

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3 - NC: 2023:KHC:40137 CRL.P No. 9114 of 2023

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285, 286 and 427 of IPC and Sections 3, 4, 5 and 6 of Explosive Substances Act, 1908. Investigation in the case is completed and charge-sheet has now been filed and the offences under Explosive Substances Act, 1908 are dropped in the charge-sheet. After the charge-sheet is filed, now the case is pending before the Judicial Magistrate in C.C.No.4469/2020. Apprehending arrest in the said case, the petitioners, who are arraigned as accused Nos.1 and 2 in the charge-sheet had filed Crl.Misc.No.2073/2022 before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru which was dismissed on 30.11.2022. Therefore, the petitioners are before this Court.

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Learned counsel for the petitioners submits that

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the petitioners are innocent persons and they have no criminal antecedents. The incident in question had taken place accidentally and custodial interrogation of the petitioners is not required in the case. Accordingly, prays to allow the petition.

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4 - NC: 2023:KHC:40137 CRL.P No. 9114 of 2023

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Per contra, learned HCGP has opposed the bail

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petition. He submits that for the last six years, the petitioners have not co-operated either before the Investigation Officer or before the Trial Court and nonbailable warrant is now issued against the petitioners.

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The petitioners are said to be owners of the factory in which the unfortunate incident of fire accident had taken place on 22.04.2016. In the said incident, complainant’s wife-Gayathri, who was working in the factory belonging to the petitioners had died. Undisputedly, the incident in question had taken place accidentally. The offence for which the petitioners are now charge-sheeted are neither punishable with death nor with life imprisonment and the petitioners have no criminal antecedents. Since, the Trial Court has now issued nonbailable warrant against the petitioners, the petitioners have approached this Court apprehending arrest in the case.

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5 - NC: 2023:KHC:40137 CRL.P No. 9114 of 2023

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The case is pending before the Trial Court for

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from last six years and there is no progress in the case. Under the circumstances, I am of the view that the petitioners have made out a prima facie case for grant of anticipatory bail. Accordingly, I proceed to pass the following:

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ORDER

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The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.167/2016 registered by Tavarekere police station, Ramanagara for the offences punishable under Sections 285, 286, 304, 304-A and 427 of IPC, subject to the following conditions:

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The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) each with two sureties each and out of which, one shall be local surety for the likesum to the satisfaction of the investigating officer.

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6 - NC: 2023:KHC:40137 CRL.P No. 9114 of 2023

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The Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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The Petitioners shall not tamper with the prosecution witness and they shall cooperate with the police for investigation and appear before them whenever called upon.

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The petitioners shall not involve in similar offences in future.

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Sd/JUDGE

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List No.: 1 Sl No.: 40

Khanaram v. the State of Karnataka

Case brief

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Khanaram v. the State of Karnataka

Case brief

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