Allowed

Raju S/O Jyanuba Alias Jayaram Saragar v. the State of Karnataka

Karnataka HC1 Feb 2024CRL.P/100129/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition under Section 439 CrPC for bail for the petitioner, accused in a murder case. The court held that despite the gravity of the offence, the petitioner having no prior record and being in custody for a long duration warrants the grant of regular bail.

What did the court decide?

Petitioner's criminal petition for bail allowed; petitioner directed to be enlarged on bail subject to conditions including execution of personal bond with sureties and regular appearance in court.

Raju S/O Jyanuba Alias Jayaram Saragar Vs the… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:2307 CRL.P No. 100129 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 1^ST DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100129 OF 2024 (439)

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BETWEEN:

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RAJU S/O. JYANUBA @ JAYARAM SARAGAR, AGE: 47 YEARS, OCC. AGRICULTURE, R/O. KOHALLI KESKARDADDI, TQ. ATHANI, DIST. BELAGAVI.

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…PETITIONER (BY SRI MANJUNATH A. KARIGANNAVAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS SHO AIGALI POLICE STATION, TQ. ATHANI, BELAGAVI DISTRICT. R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011.

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…RESPONDENT (BY SRI RANGASWAMY R, HCGP)

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Digitally VIJAYALAXMI signed by M BHAT VIJAYALAXMI M BHAT

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL PETITION U/S 439 OF CR.P.C. AND ENLARGE THE PETITIONER/ACCUSED NO.2 HEREIN ON BAIL FOR OFFENCES PUNISHABLE U/S 302, 504 AND 506 R/W SECTION 34 OF IPC IN CRIME NO.3/2023 REGISTERED WITH SHO ALGALI POLICE STATION, TALUK ATHANI, DISTRICT BELAGAVI PENDING ON THE FILE OF VII ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI, SITTING AT CHIKKODI.

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

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NC: 2024:KHC-D:2307 CRL.P No. 100129 of 2024

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ORDER

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Accused No.2 in Crime No.03/2023 registered by the Aigali Police Station, Belagavi District, for the offences punishable under Sections 302, 504 and 506 read with Section 34 of the Indian Penal Code (for short, ‘the IPC’) is before this Court under Section 439 of the Criminal procedure Code (for short, ‘the Cr.P.C’).

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Heard the learned counsel for the parties.

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FIR in Crime No.03/2023 was registered by the

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Aigali Police Station, Belagavi District against Laxman Lingappa Saragara and the petitioner herein initially for

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the offences punishable under Section 302, read with Section 34 of the IPC on the basis of the complaint dated 05.01.2023 lodged by Sri.Sonappa S/o.kumar Maragaale, who is the son of the deceased–Kumar Maragaale. During the course of investigation of the case, petitioner was arrested on 07.01.2023. Investigation in the case is completed and charge sheet has been filed. Bail application filed by the petitioner before the trial Court in

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3 - NC: 2024:KHC-D:2307 CRL.P No. 100129 of 2024

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Crl.Misc.No.5263/2023, was rejected on 19.05.2023.

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Therefore he is before this Court.

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Learned counsel for the petitioner submits that the allegation of assaulting the deceased is entirely on accused No.1. Complainant is not an eye witness to the incident in question, C.Ws. 7 and 8 who are the alleged eye witnesses appears to be planted. Petitioner, who has no any criminal antecedents, is in custody from 07.01.2023 and accordingly, he prays to allow the petition.

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Per contra , learned High Court Government Pleader has opposed the bail application. He submits that statement of eye witnesses were recorded immediately, after the incident in question. There is sufficient material to connect the petitioner to the crime. He had a motive to commit murder. Accordingly, he prays to dismiss the petition.

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In the complaint lodged by the son of the deceased on 05.01.2023, it is averred that his father

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4 - NC: 2024:KHC-D:2307 CRL.P No. 100129 of 2024

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Kumar Maragaale, had illicit relationship with the wife of the petitioner herein, therefore, accused persons had illwill against him. As per the complaint averments, the complainant was informed by his relative Gangaram, that his father was assaulted by somebody and his dead body was lying on the tar road near stream of Padatarwadi village. Immediately, the complainant had gone there and on verification, he was informed that the petitioner herein had assaulted his father and had committed his murder.

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From reading of the charge sheet allegation, it is seen that the entire allegation of assaulting the deceased-Kumar Maragaale is only as against the accused No.1. The petitioner allegedly had prevented the deceased from escaping from the spot and also had instigated the accused No.1 to assault deceased. Petitioner has no criminal antecedents and he is in custody from 07.01.2023 onwards. He is married man, having family. Under these circumstances, I am of the opinion that the prayer made

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5 - NC: 2024:KHC-D:2307 CRL.P No. 100129 of 2024

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by the petitioner for grant of 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.

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The petitioner/accused No.2 is directed to be enlarged on bail in Crime No.03/2023 registered by the Aigali Police Station, Belagavi District, for the offences punishable under Sections 302, 504 and 506 read with Section 34 of the IPC, subject to the following conditions:

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a) The petitioner/accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/with 2 sureties for the like-sum to the satisfaction of the jurisdictional Court;

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b) The petitioner/accused No.2 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) The petitioner/accused No.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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6 - NC: 2024:KHC-D:2307 CRL.P No. 100129 of 2024

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d) The petitioner/accused No.2 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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List No.: 1 Sl No.: 18

Raju S/O Jyanuba Alias Jayaram Saragar v. the State of Karnataka

Case brief

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Raju S/O Jyanuba Alias Jayaram Saragar v. the State of Karnataka

Case brief

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