Allowed

Shri. Mahaveer S/O. Neminath Solapure, v. the State of Karnataka

Karnataka HC5 Feb 2024CRL.P/100175/2024

Case brief

AI extract

What is this about?

High Court allowed bail petitions for two accused in a criminal case involving cheating, criminal breach of trust, and maims. Court observed inordinate delay in FIR and complainant's criminal antecedents but granted bail noting similar accused had been enlarged.

What did the court decide?

Accused No.1 and 3 enlarged on bail subject to personal bond of Rs.1,00,000/- each, appearance before trial court, and prohibition of tampering with witnesses or leaving jurisdiction.

Shri. Mahaveer S/O. Neminath Solapure, Vs the State of… — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC-D:2460 CRL.P No. 100237 of 2024 C/W CRL.P No. 100175 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100237 OF 2024 (439)

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C/W

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CRIMINAL PETITION NO. 100175 OF 2024

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IN CRL.P.NO.100237/2024:

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BETWEEN:

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SHRI VISHALSINGH S/O. VIJAYSINGH CHAVAN, AGE: 24 YEARS, OCC. DRIVER, R/O. CHIKKANANDIHALLI, TQ. KITTUR, DIST.- BELAGAVI, PIN-591115. PRESENTLY RESIDING AT KADAM BUILDING, 2^ND CROSS, SHASTRI NAGAR, BELAGAVI, PIN-590006. …PETITIONER

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(BY SRI S. M. MUCHHANDI, ADVOCATE)

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Digitally VIJAYALAXMI signed by M BHAT VIJAYALAXMI M BHAT

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AND:

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THE STATE OF KARNATAKA THE POLICE INSPECTOR TILAKWADI POLICE STATION, DISTRICT: BELAGAVI, PIN-590006. R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, AT DHARWAD BENCH, PIN-580011.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO THE PETITION MAY BE ALLOWED AND THE

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NC: 2024:KHC-D:2460 CRL.P No. 100237 of 2024 C/W CRL.P No. 100175 of 2024

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PETITIONER/ACCUSED NO.1 MAY BE ENLARGED ON BAIL IN TILAKAWADI P.S. CRIME NO.68/2023 U/S 323, 342, 364-A, 384, 504, 506 R/W 34 OF IPC AND THE SAME IS PENDING FOR THE COMMITTAL ON THE FILE OF IV TH JMFC COURT BELAGAVI IN CC NO.4119/2023.

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IN CRL.P.NO.100175/2024:

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BETWEEN:

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SHRI MAHAVEER S/O. NEMINATH SOLAPURE, AGE: 26 YEARS, OCC. PRIVATE WORK, R/O. MOSALIKARANJI, TAL. HUKKERI, DIST. BELAGAVI.

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…PETITIONER

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(BY SRI VISHWANATH BADIGER, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD, THROUGH TILAKWADI P.S.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.3 ON BAIL IN CRIME NO. 68/2023 REGISTERED BY THE TILAKWADI POLICE STATION FOR THE OFFENCE P/U/SEC. 323, 342, 364(A), 384, 504, 506 AND SEC. 34 OF IPC.

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

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3 - NC: 2024:KHC-D:2460 CRL.P No. 100237 of 2024 C/W CRL.P No. 100175 of 2024

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ORDER

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Accused Nos.1 and 3 in Crime No.68/2023 registered by Tilakwadi Police Station, Belagavi for the offences punishable under Sections 323, 342, 364(A), 384, 504 and 506 read with Section 34 of IPC are before this Court under Section 439 of the Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.68/2023 was registered by Tilakwadi Police Station, Belagavi for the aforesaid offences against one Vishalsingh Chavhan and others on the complaint of Sri Shashikant Gundu Shankargouda dated 12.06.2023.

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Petitioners are arrayed as accused Nos.1 and 3 in the FIR. During the course of investigation, the petitioner No.1 was arrested on 08.09.2023 and petitioner No.3 was arrested on 03.09.2023. Investigation in the case is completed and charge sheet is filed. Petitioners are arrayed as accused Nos.1 and 3 in the charge sheet. Bail applications filed by them before the Trial Court in

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4 - NC: 2024:KHC-D:2460 CRL.P No. 100237 of 2024 C/W CRL.P No. 100175 of 2024

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Criminal Miscellaneous No.1377/2023 and Criminal Miscellaneous No.1119/2023 were rejected on 22.12.2023 and 27.09.2023 respectively. Therefore, they are before this Court.

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Learned counsels for the petitioners having reiterated the grounds urged in the petitions, submit that similarly situated accused Nos.2 and 4 have been granted regular bail by this Court. Accordingly, they pray to allow the petitions.

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Per contra , the learned High Court Government Pleader has opposed the petitions. She submits that the petitioners herein are persons with criminal antecedents and there are 12 criminal cases pending against them. Accordingly, she prays to dismiss the petitions.

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From a perusal of the complaint averments, it is seen that the complainant-Sri Shashikant Gundu Shankargouda had lodged the complaint dated 12.06.2023 at about 20:45 hours in respect of the incident that had allegedly taken place on 01.06.2023. Complainant is an accused in a murder case and he got acquainted with

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5 - NC: 2024:KHC-D:2460 CRL.P No. 100237 of 2024 C/W CRL.P No. 100175 of 2024

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accused Nos.1 and 2 while he was lodged in Hindalaga Jail, Belagavi. The inordinate delay of more than 10 days in filing the complaint has not been properly explained by the complainant. In addition to the same, in the complaint itself it is mentioned that the complaint was prepared by an Advocate known to the complainant. Investigation in the case is completed and charge sheet is filed. Accused No.2 as against whom the similar allegation is found in the charge sheet has been enlarged on bail by this Court in Criminal Petition No.100094/2024 and accused No.4 has been granted bail by this Court in Criminal Petition No.103224/2023. Merely for the reason that the petitioners are involved in some other criminal cases, their prayer for enlarging them on bail cannot be rejected, if otherwise they have made out a case for grant of bail. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:

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6 - NC: 2024:KHC-D:2460 CRL.P No. 100237 of 2024 C/W CRL.P No. 100175 of 2024

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ORDER

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Petitions are allowed. The petitioners/accused Nos.1

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and 3 are directed to be enlarged on bail in Crime No.68/2023 registered by Tilakwadi Police Station, Belagavi for the offences punishable under Sections 323, 342, 364(A), 384, 504 and 506 read with Section 34 of IPC, subject to the following conditions:

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i. The petitioners/accused Nos.1 and 3 shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the likesum to the satisfaction of the jurisdictional Court;

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ii. The petitioners/accused Nos.1 and 3 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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iii. The petitioners/accused Nos.1 and 3 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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iv. The petitioners/accused Nos.1 and 3 shall not leave the jurisdiction of the Trial Court without

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NC: 2024:KHC-D:2460 CRL.P No. 100237 of 2024 C/W CRL.P No. 100175 of 2024

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permission of the said Court until the case registered against them is disposed off.

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Sd/JUDGE

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CKK

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List No.: 1 Sl No.: 39

Shri. Mahaveer S/O. Neminath Solapure, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri. Mahaveer S/O. Neminath Solapure, v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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