High Court rejected bail petitions filed by Kalappa for two murder cases. Court held gravity of offences and recovery of stolen jewelry prima facie connected petitioner to crime, distinguishing where Sessions Court granted bail to co-accused.
Petitions for regular bail rejected; bail applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 7TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100177 OF 2024 (439)
C/W
CRIMINAL PETITION NO. 100179 OF 2024
IN CRL.P.NO.100177/2024:
BETWEEN:
KALAPPA S/O. RAGHUVEER ROGANNAVAR, AGE: 30 YEARS, OCC. AGRICULTURIST, R/O. HIGH SCHOOL ROAD, ADARGUNCHI VILLAGE, TQ. HUBBALLI, DIST. DHARWAD-580024.
…PETITIONER
(BY SRI SADIK KANVI, ADVOCATE)
Digitally signed by SUJATA SUBHASH PAMMAR Date: 2024.02.16 16:33:50 +0530
AND:
THE STATE OF KARNATAKA BY KALAGHATAGI PS, DIST. DHARWAD, R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.
…RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
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
NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024
SESSIONS JUDGE, DHARWAD, IN S.C.NO.85/2022 FOR THE ALLEGED OFFENCES PUNISHABLE U/S 302, 396, 201, 120B OF IPC 1860.
IN CRL.P.NO.100179/2024:
BETWEEN:
KALAPPA S/O. RAGHUVEER ROGANNAVAR, AGE: 30 YEARS, OCC. AGRICULTURIST, R/O. HIGH SCHOOL ROAD, ADARAGUNCHI VILLAGE, TQ. HUBBALLI, DIST. DAHRWAD-580024.
…PETITIONER
(BY SRI SADIK KANVI, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY KALAGHATAGI PS, DIST. DHARWAD. R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011.
…RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
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.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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.
enlarging the said accused on bail. Accordingly, she prays to dismiss the petition.
accused to the aforesaid two crimes. Even weapon used by the accused has been recovered in both the cases.
NC: 2024:KHC-D:2656 CRL.P No. 100177 of 2024 C/W CRL.P No. 100179 of 2024
that, the prayer made by the petitioner for grant of regular bail is liable to be rejected. Accordingly, the following:
ORDER
Petitions are dismissed.
Sd/JUDGE
VMB
List No.: 1 Sl No.: 18
2 issues framed by the court
Whether the petitioner should be granted regular bail in offences punishable under Sections 302 and 120B IPC.
Whether the severity of the offences and circumstantial evidence justify denying bail despite completion of investigation.
KALAPPA
THE STATE OF KARNATAKA
S.VISHWAJITH SHETTY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
