Allowed

Ningappa @ Benal Ningappa v. the State of Karnataka by

Karnataka HC6 Oct 2023CRL.P/9144/2023

Case brief

AI extract

What is this about?

The High Court allowed this Criminal Petition filed under Section 439 Cr.P.C. for bail to the petitioner accused No. 2 involved in dacoity charges. The court imposed strict conditions regarding bonds, witness tampering, and attendance while directing the Trial Court to release him.

What did the court decide?

Petitioner released on bail subject to execution of bond with sureties and compliance with strict conditions including regular police attendance and no witness tampering.

Ningappa @ Benal Ningappa Vs the State of Karnataka by — Bail and Remand | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC:36258 CRL.P No. 9144 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 6^TH DAY OF OCTOBER, 2023

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 9144 OF 2023

¶6

BETWEEN:

¶7

NINGAPPA @ BENAL NINGAPPA S/O MALLAPPA, AGED ABOUT 29 YEARS, R/AT BASAPATTANA VILLAGE, VENKATAGIRI HOBLI, GANGAVATHI, KOPPAL DISTRICT - 583 235.

¶8

…PETITIONER (BY SRI MANJUNATHA C., ADVOCATE)

¶9

AND:

¶10

Digitally signed by SHAKAMBARI Location: HIGH COURT OF KARNATAKA

¶11

THE STATE OF KARNATAKA BY BHARAMASAGARA POLICE STATION, CHITRADURGA DISTRICT - 577 522.

¶12

REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. ..RESPONDENT (BY SRI P. THEJESH., HCGP)

¶13

THIS CRIMINAL PETITION FILED U/S 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPLIT-UP S.C.NO.23/2023 (CR.NO. 201/2022) OF RESPONDENT - BHARAMASAGARA POLICE FOR THE OFFENCE P/U/S 395, 342,

¶14

¶15

NC: 2023:KHC:36258 CRL.P No. 9144 of 2023

¶16

504, 506 OF IPC, PENDING ON THE FILE OF I ADDL. DISTRICT AND SESSIONS JUDGE, CHITRADURGA.

¶17

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

¶18

O R D E R

¶19

This petition is filed by the petitioner-accused No.2 under Section 439 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) for granting bail in Crime No.201/2022 registered by the Bharamasagara Police Station, Chitradurga District and charge sheeted for the offences punishable under Sections 504, 342, 395, 506 of the Indian Penal Code, 1860 (for short 'IPC').

¶20

Heard the arguments of the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.

¶21

The case of the prosecution is that the complainantMoulappa, filed a complaint to the Police on 27.06.2022 and Police registered FIR. It is alleged that he was working as cleaner of the Eicher Lorry bearing Regn.No.KA-06-AA-7627 which belong to Bharath Cargo Transport Company. On 25.06.2022, the said lorry was loaded with Vimal Pan Masala

¶22

3 - NC: 2023:KHC:36258 CRL.P No. 9144 of 2023

¶23

bags which belongs to Siddi Agency, Tumakuru, in order to deliver the same to SS Traders, Davanagere. When they were on the way to Davanagere while proceeding on NH-48 in between Bharamasagara Gollarahatti Village and Chitradura, one car overtook the said lorry and signaled to stop the lorry saying that the back door of the Lorry is open. The complainant stopped the lorry and went to check the back door, but it was not open. At that time, four persons from the car came and surrounded the complainant and out of them, one person held his hands, another person held his neck and later they fastened the mouth and thereafter, they took the lorry to some unknown place and they stopped the lorry and another person came in another vehicle and they shifted the Pan Masala bags and after

¶24

that they went away. After registering the case against unknown persons, the other accused persons were arrested and during the investigation, it was revealed that this petitioner is involved in this case. Apprehending his arrest, this petitioner moved bail application before this Court for granting anticipatory bail which came to be dismissed by this Court on 27.09.2022 in Crl.P.8997/2022. Subsequently, the petitioner

¶25

¶26

NC: 2023:KHC:36258 CRL.P No. 9144 of 2023

¶27

said to be surrendered himself before the Police on 18.02.2023. He is in custody. Hence, he is before this Court.

¶28

Having heard the arguments of the learned counsel for the parties and on perusal of records, which reveals, of course, this petitioner has actually participated in commission of dacoity by tying the arms of the complainant and removing the bags of Pan Masala. Some of the accused persons are already arrested and they are in custody. This Court granted bail to accused No.1 on the medical ground and this petitioner is said to be in jail from almost 8½ months. The trial is already commenced and the panch witnesses are said to be turned hostile and not supported the case. Already 12 witnesses have been examined. The wife of the petitioner delivered a female child on 11.02.2023, he is unable to see the child and take care of his wife. Considering the facts and circumstances of the case, there is no recovery from this petitioner and there are no bad antecedents against the petitioner. The maximum pan masala bags were already been recovered from the other accused persons. Considering the same, without expressing any opinion on the merits of the case, by imposing certain

¶29

5 - NC: 2023:KHC:36258 CRL.P No. 9144 of 2023

¶30

conditions, if bail is granted to the petitioner, no prejudice would be caused to the case of the prosecution.

¶31

5. Accordingly, criminal petition is allowed .

¶32

The Trial Court is directed to release the petitioner-accused No.2 on bail in S.C.No.23/2023 (Crime No.201/2022), registered by Bharamasagara Police Station, Chitradurga for the offences punishable under Sections 504, 342, 395, 506 of the IPC, subject to the following conditions:

¶33

i. The petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only), with two sureties for the likesum to the satisfaction of the trial Court.

¶34

ii. He shall not strictly indulge in similar offences.

¶35

iii. He shall not tamper with the prosecution witnesses directly/indirectly.

¶36

iv. He shall take the trial without causing any delay.

¶37

v. He shall mark the attendance before the concerned police once in 15 days on every 2nd and 16th of the Calendar month, till disposal of the case.

¶38

¶39

NC: 2023:KHC:36258 CRL.P No. 9144 of 2023

¶40

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

¶41

Sd/JUDGE

¶42

PSJ

Ningappa @ Benal Ningappa v. the State of Karnataka by

Case brief

What is this about?

What did the court decide?

Ningappa @ Benal Ningappa v. the State of Karnataka by

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

Shri. Kishore Kumar. B. K. Vs State of Karnataka

Ningappa Vs Venkatappa

Sri a B Eshwarappa Vs Sri B Shekar

Smt Aruna Vs Smt Pramila Srinivas

Sri Gururaja Vs R Nagendra Kumar

Sri B K Gopala Vs Smt Nagarathnamma