Partly allowed

Hucchappa @ Rajesh v. the State of Karnataka

Karnataka HC7 Dec 2023CRL.P/9759/2023

Case brief

AI extract

What is this about?

Criminal bench of the Karnataka High Court disposed of a bail petition filed under Section 439 Cr.P.C. The court rejected the petition for one petitioner as a habitual offender with no changed circumstances, but allowed it for the second petitioner who suffers from cancer requiring personal care not available in prison.

What did the court decide?

Petitioner No.2/accused No.5 is enlarged on bail on bond of Rs.1,00,000/- with surety for the same, subject to conditions. Petitioner No.1/accused No.3's petition is rejected.

Hucchappa @ Rajesh Vs the State of Karnataka — Bail and Remand | Karnataka HC (2023)

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1 - NC: 2023:KHC:44377 CRL.P No. 9759 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION NO. 9759 OF 2023

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BETWEEN:

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HUCCHAPPA @ RAJESH, S/O. HANUMANTHAIAH, AGED ABOUT 38 YEARS, R/AT BEHIND MUTHURAYASWAMY TEMPLE, KADABAGERE, DASANAPURA HOBLI, BENGALURU-562 130.

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LAKSHMANGOWDA, S/O. RAMAIAH, AGED ABOUT 37 YEARS, R/AT NO. 28, GOLLARAHATTI, SREEDEVI NAGAR, MAGADI MAIN ROAD, BENGALURU-560 091.

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…PETITIONERS

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Digitally signed by SOWMYA D

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(BY SRI. DEENABANDHU RAI .N, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, Location: BY KORA P.S, High Court NOW REPRESENTED BY of STATE PUBLIC PROSECUTOR, Karnataka HIGH COURT COMPLEX, BENGALURU-560 001.

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…RESPONDENT

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(BY SRI. JAIRAM SIDDI, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO RELEASE THE PETITIONERS ON BAIL, IN CR.NO.114/2022, NOW IN S.C.NO.164/2022, FOR OFFFENCE P/U/S 399, 402 OF

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NC: 2023:KHC:44377 CRL.P No. 9759 of 2023

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IPC, ON THE FILE OF KORA POLICE STATION, TUMKURU, PENDING ON THE FILE OF HONBLE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT TUMAKUR.

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

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ORDER

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This petition is filed under Section 439 of Cr.P.C. for enlarging the petitioners on bail in Cr.No.114/2022 of Kora Police Station, Tumkur District, registered for the offences punishable under sections 399 & 402 of IPC. The petitioners are arrayed as accused Nos.3 & 5.

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The brief factual matrix leading to the case are that on 01.08.2022, at 2.30 a.m., when the complainant was on patrolling duty near Thimmarajanahalli, in front of service road adjoining the Dargah, he noticed five persons holding deadly weapons were preparing to commit a cognizable offence. Immediately, he secured the other staff members to the spot and instructed them to watch the said persons and he went to the police station, wherein he lodged a complaint. Then, along with the raiding party, he conducted the raid at the spot and

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3 - NC: 2023:KHC:44377 CRL.P No. 9759 of 2023

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apprehended the present petitioners as well as other accused and recovered the material objects. He has also drawn a mahazar at the spot regarding recovery and subsequently, after completion of the investigation, a charge sheet came to be submitted for the offences under Sections 399 & 402 of IPC. The petitioners initially approached this Court seeking regular bail, but their earlier bail petitions were rejected and this is the third successive bail petition filed by petitioner No.1/accused No.3 and the second successive bail petition filed by petitioner No.2/accused No.5.

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Heard the learned counsel for the petitioners as well as the learned HCGP. Perused the records.

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The learned counsel for the petitioners would

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contend that petitioner No.2 i.e., accused No.5, is suffering from cancer and he is being treated in Kidwai Memorial Hospital at Bangalore and he needs personal care. Hence, he would seek for admitting petitioner No.2 on bail. It is also submitted that the matter is at the stage

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NC: 2023:KHC:44377 CRL.P No. 9759 of 2023

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of the trial and material witnesses have been examined

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and hence, he would seek for allowing the petition.

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Per contra, the learned HCGP would contend that accused No.3 i.e., petitioner No.1 is involved in 5 cases, while accused No.5 i.e., petitioner No.2 is involved in 3 cases of similar offences and they are being habitual offenders. He would also assert that no changed circumstances are forthcoming to entertain the bail petition and petitioner No.2 is being provided with proper medication in the Central Prison. He would also assert that in case the petitioners are enlarged on bail, there is every possibility of they tampering the prosecution witnesses and involving in similar offences. Hence, he would seek for rejection of the bail petition.

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Having heard the arguments and perusing the

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records, it is evident that on 01.08.2022, at 2.30 a.m. the complainant had lodged a complaint by setting the law in motion and subsequently, raid being conducted by apprehending the present petitioners along with three

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5 - NC: 2023:KHC:44377 CRL.P No. 9759 of 2023

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other accused. It is also evident from the records that material objects were recovered and the allegations do disclose that they were preparing for the commission of a cognizable offence. The records also disclose that the petitioners are habitual offenders and were involved in similar heinous offences punishable under Sections 399, 307, 394, 201 etc.,

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The petitioner No.1 has filed this third

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successive bail petition. His earlier bail petition in Crl.P.No.8605/2022 was dismissed on 18.10.2022 and his second bail petition in Crl.P.No.1034/2023 was dismissed on 10.03.2023. In these petitions, this Court has in detail considered the habitual nature of the petitioner, involving in similar offences. No changed circumstances are forthcoming so as to entertain the bail petition filed by petitioner No.1/accused No.3. Hence, the bail petition as regards to petitioner No.1/accused No.3 needs to be rejected.

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However, as regards to petitioner No.2/accused No.5, this is a successive second bail petition. His earlier bail petition in Crl.P.No.8605/2022 was rejected by this Court vide order dated 18.10.2022. However, now he asserts that he is suffering from cancer and he is being treated for cancer in Kidwai Memorial Institute of Oncology, Bangalore. He has also produced a discharge summary, which discloses that he was admitted on 29.07.2023 in the hospital and discharged on 09.08.2023. He has also under gone surgery in this period. He was also advised to take medication and since he is suffering from cancer, it requires regular treatment and special care. On this ground, he has sought for bail.

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No doubt, he was involved in similar offences and shown to be a habitual offender. However, the records disclose that now his health has deteriorated and he is suffering from cancer and already underwent surgery. Under such circumstances, he requires special treatment and he is not satisfied with the treatment provided in the

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Central Prison. Though proper treatment is being provided in the Central Prison, no personal care can be given in Central Prison and considering these changed circumstances and health condition of the petitioner in my considered opinion, he is entitled for bail. As such, petition needs to be allowed in part so far as it relates to petitioner No.2/accused No.5 and accordingly, I proceed to pass the following:

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ORDER

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I. The petition is allowed in part .

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II. Petitioner No.2/accused No.5 is directed to be enlarged on bail in Cr.No.114/2022 of Kora Police Station, Tumkur District, registered for the offences punishable under Sections 399 & 402 of IPC, pending on the file of Principal District and Sessions Judge, Tumkur in S.C. No.164/2022 on his executing a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh) with one surety for likesum to the satisfaction of the learned Sessions Judge, subject to following conditions:

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NC: 2023:KHC:44377 CRL.P No. 9759 of 2023

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(i) He shall not indulge in any of the criminal activities

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(ii) He shall not tamper the prosecution witnesses either directly or indirectly.

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(iii) He shall not leave the jurisdiction of the Court, without prior permission

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(iv) He shall attend the Court on all the dates of hearing, unless he is exempted by a specific order.

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(v) He shall co-operate for speedy disposal of the matter.

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III. The petition filed by petitioner No.1/accused No.3 Hucchappa @ Rajesh, stands rejected.

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Sd/JUDGE

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List No.: 1 Sl No.: 9

Hucchappa @ Rajesh v. the State of Karnataka

Case brief

What is this about?

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Hucchappa @ Rajesh v. the State of Karnataka

Case brief

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