Dismissed

Kalappa S/O Raghuveer Rogannavar v. the State of Karnataka

Karnataka HC7 Feb 2024CRL.P/100177/2024

Case brief

AI extract

What is this about?

In CmPETs filed seeking regular bail, the High Court rejected the application held that the gravity of the offence involving murder for gain required committal and that bail should not be granted merely because investigation was completed or co-accused were released.

What did the court decide?

Regular bail to the petitioner was rejected and the bail petitions were dismissed.

Kalappa S/O Raghuveer Rogannavar Vs the State… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 7^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. 100177 OF 2024 (439)

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C/W

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CRIMINAL PETITION NO. 100179 OF 2024

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IN CRL.P.NO.100177/2024:

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BETWEEN:

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KALAPPA S/O. RAGHUVEER ROGANNAVAR, AGE: 30 YEARS, OCC. AGRICULTURIST, R/O. HIGH SCHOOL ROAD, ADARGUNCHI VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-580024.

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…PETITIONER

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(BY SRI SADIK KANVI, ADVOCATE)

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Digitally signed by SUJATA SUBHASH PAMMAR Date: 2024.02.16 16:33:50 +0530

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AND:

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THE STATE OF KARNATAKA BY KALAGHATAGI PS, DIST. DHARWAD, R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-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 GRANT REGULAR BAIL TO THE PETITIONER/ ACCUSED NO.2 IN KALAGHATAGI PS CRIME NO.144/2022, PENDING ON THE FILE OF THE IV TH ADDL.DISTRICT AND

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NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024

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SESSIONS JUDGE, DHARWAD, IN S.C.NO.85/2022 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 302, 396, 201, 120B OF IPC 1860.

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IN CRL.P.NO.100179/2024:

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BETWEEN:

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KALAPPA S/O. RAGHUVEER ROGANNAVAR, AGE: 30 YEARS, OCC. AGRICULTURIST, R/O. HIGH SCHOOL ROAD, ADARAGUNCHI VILLAGE, TQ. HUBBALLI, DIST. DAHRWAD-580024.

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…PETITIONER

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(BY SRI SADIK KANVI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY KALAGHATAGI PS, DIST. DHARWAD. R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-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 GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.2 IN KALAGHATAGI PS CRIME NO.102/2022, PENDING ON THE FILE OF THE IV ADDL.DISTRICT AND SESSIONS JUDGE, DHARWAD, IN S.C. NO.86/2022 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 302, 396, 201, 120B OF IPC 1860.

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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:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024

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ORDER

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Accused No.2 in Crime No.144/2022 registered by Kalghatagi Police Station, Dharwad District, for the offences punishable under Sections 120B, 302, 396, 201 of Indian Penal Code and in Crime No.102/2022 registered by Kalghatagi Police Station, Dharwad District, for the offences punishable under Sections 302 and 201 of Indian Penal Code is before this Court under Section 439 of Cr.P.C. seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in Crime No.144/2022 was registered by Kalghatagi Police Station, Dharwad District, for the offences punishable under Sections 120B, 302, 396 and 201 of Indian Penal Code on the basis of the complaint lodged by one Sayyadasab Hulamani after the dead body of unknown female which was half brunt was found by the complainant.

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4 - NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024

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During the course of investigation, the

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petitioner was arrested on 25.07.2022 along with five other accused persons. Petitioner was arraigned as accused no.2 in the said case. Investigation in the case is completed and charge sheet has been filed against all the accused persons for the aforesaid offences. During the course of investigation of the case, in Crime No.144/2022, it was revealed that the accused in Crime No.144/2022 had also committed the murder of the victim in Crime no.102/2022 registered by Kalaghatagi police station, Dharwad district for the offences punishable under Sections 302 and 201 of IPC. In the said case, accused persons were produced before the Court on 10.08.2022 and remanded to judicial custody. Investigation in the said case is also completed and charge sheet is filed as against all the six accused for the aforesaid offences. Bail applications filed by the petitioner in Crime No.144/2022 as well as in Crime No.102/2022 before the jurisdictional Sessions Court were rejected. Therefore, he is before this Court.

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5 - NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024

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Learned counsel for the petitioner having reiterated the grounds urged in the petitions submits that the entire case of the prosecution is based on circumstantial evidence. There is no material to connect the petitioner to the crime. Accused Nos.3, 4 and 6 have been enlarged on bail in both the cases. Accordingly, he prays to allow the petition.

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Per contra, the learned High Court Government Pleader has opposed the bail applications. She submits that the petitioner along with other accused has committed the murder of two innocent ladies, for gain. The gold jewelries belonging to the victim has been recovered from the petitioner and other accused. Accused no.3 has been enlarged on bail on medical ground and accused nos.5 and 6 have been enlarged on bail on the ground that there is no material to connect them to the crime. The gravity of the offences has not been taken into consideration by the learned Sessions Judge while

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6 - NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024

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enlarging the said accused on bail. Accordingly, she prays to dismiss the petition.

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The petitioner and other accused who were employees of Asian Paints Company, Hubli, had conspired to commit the murder of innocent ladies with an intention to make unlawful gain so as to meet the expenses of their viers and in furtherance of such a conspiracy, they had committed the murder of two ladies within the jurisdiction of Kalghatagi police station, Dharwad. From a reading of the charge sheet allegation in both the cases, it is seen that the murder has been committed by the accused in a similar manner and after committing the murder, they had disposed of the dead body after removing the gold jewelries and other ornaments which was worn by the victim ladies. The gold jewelries and other ornaments belonging to the victim ladies have been recovered from the possession of the accused persons in the present case and therefore, there is prima facie material to connect the

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7 - NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024

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accused to the aforesaid two crimes. Even weapon used by the accused has been recovered in both the cases.

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The gravity of offence is a major factor which the courts are required to take into consideration while considering the bail application of the accused who are involved in committing heinous offences. Unfortunately, the learned Sessions Judge has failed to appreciate this aspect of the matter and has proceeded to grant bail to accused no.4 and 6 on the ground that investigation of the case is completed and charge sheet has been filed and therefore, their custody is not required. Therefore, merely for the reason that accused nos.4 and 6 have been granted regular bail by the learned Sessions Court, the petitioner cannot be extended the same benefit. The accused persons have committed the murder of innocent ladies with an intention to make unlawful gain and there is sufficient material in the charge sheet to connect the petitioner to both the crimes.

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NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024

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Under these circumstances, I am of the opinion

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that, the prayer made by the petitioner for grant of regular bail is liable to be rejected. Accordingly, the following:

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ORDER

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Petitions are dismissed.

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Sd/JUDGE

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VMB

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List No.: 1 Sl No.: 18

Kalappa S/O Raghuveer Rogannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Kalappa S/O Raghuveer Rogannavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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