Allowed

Pradeepa C v. State of Karnataka

Karnataka HC30 Oct 2023CRL.P/9617/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a bail petition filed under Section 439 Cr.P.C. The petitioner, accused of murder, rioting, and robbery but not of assaulting the deceased victim, was granted regular bail as other similarly situated accused had been released. Bail was granted subject to conditions regarding personal bonds, appearance, and non-interference with witnesses.

What did the court decide?

Petitioner enlarged on bail subject to a personal bond of Rs. 1 lakh with two sureties and conditions to appear regularly and not tamper with witnesses.

Pradeepa C Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2023)

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NC: 2023:KHC:38410 CRL.P No. 9617 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9617 OF 2023

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BETWEEN:

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PRADEEPA C S/O CHINNAMARIYAPPA AGED ABOUT 25 YEARS R/AT BANNAHALLI VILLAGE KYLANCHA HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 138.

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…PETITIONER

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(BY SRI SREE RAMAREDDY R.V, ADV.)

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AND:

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STATE OF KARNATAKA BY RAMANAGARA RURAL POLICE RAMANAGARA DISTRICT - 562 158 (REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI RANGASWAMY R, HCGP)

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Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA

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THIS CRL.P FILED U/S 439 CR.PC PRAYING TO RELEASE THE PETITIONER ON BAIL IN S.C.NO.93/2023 U/S 143, 395 R/W 149 OF IPC, ARISING OUT OF CR.NO.142/2023 OF RAMNAGARA RURAL POLICE STATION, NOW PENDING BEFORE THE HONBLE 3RD ADDL. DISTRICT AND SESSION JUDGE RAMANAGARA, BY ALLOWING THIS PETITION AND TO PASS ANY ALTERNATIVE AND SUITABLE ORDER/S AS THIS HONBLE COURT DEEMS FIT.

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

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NC: 2023:KHC:38410 CRL.P No. 9617 of 2023

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ORDER

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Accused No.5 in Crime No.142/2023 registered by Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 302, 395, 506 and 149 IPC is before this Court in this petition under Section 439 of Cr.P.C.

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Heard learned counsel for the parties.

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On the complaint of Raghu S/o. Devaraju dated

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26.05.2023, FIR in Crime No.142/2023 was registered by the Ramanagara Rural Police Station, Ramanagara, for the offences under Sections 143, 302, 395, 506 and 149 IPC initially against six named accused persons and others. In the complaint it is averred that complainant owned two tipper lorries and accused Nos.1 and 2 were earlier working as drivers with complainant. Accused No.1 had introduced a lady to the complainant as his wife and subsequently, he spread rumours that complainant had illicit relationship with the said lady and in this regard complainant had filed a police complaint and thereafter, removed accused Nos.1 and 2 from employment. Therefore, accused Nos.1 and 2 had grudge against the complainant.

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NC: 2023:KHC:38410 CRL.P No. 9617 of 2023

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Complainant’s lorry driver Basavaraju telephoned the complainant on 25.05.2023 at about 07.30 P.M. and informed him that his lorry bearing registration No.KA-11-C3594 was forcibly taken by the accused persons. This was informed to Manjunatha by the complainant and he had gone to the spot were the accused persons had parked the lorry. Complainant’s friend Manjunatha also came to the said spot after tracing the lorry through GPS. Since the accused persons had removed the batteries of the lorry, the complainant and his friends brought the batteries for fixing the same to the lorry. At that time, accused persons came there, who were armed with deadly weapons. Complainant’s friend Manjunatha, who was in his car after seeing the accused persons got down from his car and went towards them. The accused persons assaulted the complainant’s friend Manjunatha with weapons, who succumbed to the same and thereafter, they threw his body in a vacant place near the bus stand and left the place. It is in this background, complainant had approached the police and lodged the complaint, which had resulted in registration of FIR in Crime No.142/2023.

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NC: 2023:KHC:38410 CRL.P No. 9617 of 2023

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During the course of investigation, petitioner herein

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was arrested on 27.05.2023. Investigation in the case is completed and the petitioner has been arrayed as accused No. 5 in the charge sheet.

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The bail application filed by the petitioner before the III Addl. District & Sessions Judge, Ramanagara, in Crl.Misc.No.763/2023 was rejected on 14.09.2023. Therefore, he is before this Court.

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Learned counsel appearing for the petitioner submits that there are no allegations of assault on the deceased Manjunatha by the petitioner and charge sheet is now filed against the petitioner only for the offences punishable under Section 143, 395 R/w 149of IPC. He also submits that similarly placed other accused persons have enlarged on bail in Crl.P.No.6642/2023 and Crl.P.No.6844/2023. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the bail applications.

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On the basis of the complaint lodged by Raghu dated 26.05.2023, FIR was initially registered against six

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NC: 2023:KHC:38410 CRL.P No. 9617 of 2023

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named persons and others. During the course of investigation, the petitioner was arrested. Investigation in the case is completed and the petitioner is arrayed as accused no.5 in the charge sheet.

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A perusal of the charge sheet would go to show that charge sheet has been filed against the petitioner and accused nos.7 and 8 only for the offences punishable under Sections 143, 395 R/w 149 of IPC. There is no allegation against the petitioner about assaulting the deceased Manjunath in the case. Similarly situated other accused persons have been enlarged on bail by this Court. Accused nos.9, 10, 11 and 15 who have not assaulted the deceased Manjunath with deadly weapons but were present along with other accused persons who had assaulted the deceased Manjunath are granted regular bail by this Court in Crl.P.No.6642/2023 and Crl.P.No.6844/2023. Under these circumstances, I am of the view that the prayer of the petitioner for grant of regular bail is required to be answered in the affirmative.

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The petition is allowed . The petitioner is directed to be enlarged on bail in Crime No.142/2023 registered by the

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NC: 2023:KHC:38410 CRL.P No. 9617 of 2023

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Ramanagara Rural Police Station, Ramanagara, for the offences punishable under Sections 143, 302, 395, 506 and 149 IPC, subject to the following conditions:

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

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

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

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d) Petitioner shall not involve in similar offences in future.

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

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Sd/JUDGE

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NMS

Pradeepa C v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Pradeepa C v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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