Allowed

K. Mylesh Alias Mallesh S/O. Sanna Marappa v. State of Karnataka

Karnataka HC10 Jan 2024CRL.P/100002/2024

Case brief

AI extract

What is this about?

Petitioner, accused No.6 in Crime No.98/2023 for offences under Sections 143, 147, 323, 306, 504 and 149 IPC following a suicide linked to alleged taunting over an illicit relationship, sought regular bail after the trial court rejected his application. The court found no prima facie material to invoke Section 306 IPC against him, noted he had no criminal antecedents and that major investigation w

What did the court decide?

Regular bail granted on personal bond of Rs.1,00,000/- with two like sureties, subject to attendance at trial court, no tampering with prosecution witnesses, and no involvement in similar offences.

K. Mylesh Alias Mallesh S/O. Sanna Marappa Vs State of… — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC-D:591 CRL.P No. 100002 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100002 OF 2024 (439)

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BETWEEN:

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K. MYLESH @ MALLESH S/O. SANNA MARAPPA, (NAMED AS HARIJANA MAILESHI IN FIR), AGE: 38 YEARS, OCC. AGRICULTURE, R/O. 1/372, BANDRI VILLAGE, SANDUR TALUK, DIST. BALLARI-583101 KARNATAKA.

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…PETITIONER

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(BY SRI ANKIT R. DESAI, ADVOCATE FOR SRI MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)

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AND:

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STATE OF KARNATAKA CHORANURU POLICE STATION, BALLARI-583101, BY ITS POLICE INSPECTOR, ALSO R/BY ITS STATE PUBLIC PROSECUTOR , HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580001.

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Digitally VIJAYALAXMIM BHAT signed byVIJAYALAXMIM BHAT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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…RESPONDENT

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO GRANT BAIL TO PETITIONER/ACCUSED NO.6 IN CRIME NO.98/2023 OF CHORANURU POLICE STATION FOR OFFENCES PUNISHABLE UNDER FOR OFFENCES U/S 143, 147, 323, 306, 504 R/W SECTION 149 OF IPC.

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

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2 - NC: 2024:KHC-D:591 CRL.P No. 100002 of 2024

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ORDER

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Accused No.6 in Crime No.98/2023 registered by Choranuru Police Station, Ballari district for the offences punishable under Sections 143, 147, 323, 306, 504, 149 of Indian Penal Code is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.98/2023 was registered by

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Choranuru Police Station, Ballari district for the aforesaid offences against Mecchiri Bharamappa and five others. Petitioner is arraigned as accused No.6 in the FIR.

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During the course of investigation, the petitioner was arrested on 27.11.2023. Bail application filed by him before the Trial Court in CrlM.P.No.915/2023 was rejected on 12.12.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner having

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reiterated the grounds urged in the petition submits that

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3 - NC: 2024:KHC-D:591 CRL.P No. 100002 of 2024

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prima facie, there is no material to invoke Section 306 of IPC. There is no allegation against the petitioner herein about abusing or assaulting the deceased either on 12.11.2023 or on 13.11.2023. He has no criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, the learned High Court Government

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Pleader has opposed the bail application and prays to dismiss the petition.

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FIR in Crime No.98/2023 was registered by Choranuru Police Station, Ballari district on the basis of the compliant dated 13.11.2023 lodged by K.Nagaraja who is the brother of deceased Obalesh. In the complaint, it is averred that Obalesh was married to Nagaveni and from the wedlock, they have two children. On 12.11.2023 at about 1.30 pm, all the accused persons allegedly had abused and assaulted the deceased. They also had teased him stating that his wife had illicit relationship with the petitioner. On 30.11.2023, the deceased allegedly had gone to his house carrying a bottle of poison, since he was

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4 - NC: 2024:KHC-D:591 CRL.P No. 100002 of 2024

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informed that the petitioner was along with Nagaveni in his house. Nagaveni had snatched the said bottle of poison from the deceased and had approached the police station at about 2.30 pm. The deceased was allegedly advised by the police. Thereafter, at about 3.15 pm, the deceased had consumed the poison. Nagaveni had immediately shifted him to the hospital. However, the deceased had died while undergoing treatment. From the reading of the complaint averments, it is seen that there is no allegation in the complaint as against the petitioner herein which would prima facie attract offence under Section 306 of IPC. For the purpose of attracting offence under Section 306 of IPC, the act committed by the petitioner immediately prior to the deceased committing suicide should have either aided, abetted or instigated the deceased to commit suicide. Such ingredients are absent in the complaint. The petitioner has no criminal antecedents. The major portion of the investigation is completed. The petitioner is in custody from 27.11.2022. The alleged offences are neither punishable with death or

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5 - NC: 2024:KHC-D:591 CRL.P No. 100002 of 2024

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with life imprisonment. Under these circumstances, I am of the opinion that, the prayer made by the petitioner in the application for regular bail, is required to be answered in the affirmative. Accordingly, the following:

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ORDER

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Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.98/2023 registered by Choranuru Police Station, Ballari district for the offences punishable under Sections 143, 147, 323, 306, 504, 149 subject to the following conditions:

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i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction the trial Court.

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ii. The petitioner shall attend Trial Court regularly on all dates of hearing unless his appearance is exempted by the Trial Court for valid reasons.

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6 - NC: 2024:KHC-D:591 CRL.P No. 100002 of 2024

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iii. The petitioner shall not directly or indirectly tamper with the prosecution witnesses.

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iv. The petitioner shall not involve in similar offences in future.

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Sd/JUDGE

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VMB

K. Mylesh Alias Mallesh S/O. Sanna Marappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

K. Mylesh Alias Mallesh S/O. Sanna Marappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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