Allowed

Suresh S/O Kotrappa Nagappanavar v. the State of Karnataka

Karnataka HC2 Feb 2024CRL.P/100187/2024

Case brief

AI extract

What is this about?

Accused No.4 in a murder case sought regular bail after his bail plea was rejected by the trial court. The court found allegations of assault and murder were only against accused Nos.1 to 3, who had already been granted bail, and granted bail to the petitioner on parity.

What did the court decide?

Petitioner/accused No.4 enlarged on bail in S.C.No.111/2022 on personal bond of Rs.1,00,000 with one surety, subject to conditions against tampering and requiring appearance at hearings.

Suresh S/O Kotrappa Nagappanavar Vs the State… — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:2361 CRL.P No. 100187 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100187 OF 2024 (439)

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BETWEEN:

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SURESH S/O. KOTRAPPA NAGAPPANAVAR, AGE: 26 YEARS, OCC. AGRICULTURE, R/O. DEVAGONDANAKATTI, TQ. RANEBENNUR, DIST. HAVERI. (BY SRI L. S. SULLAD, ADVOCATE)

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…PETITIONER

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AND:

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THE STATE OF KARNATAKA THROUGH RURAL POLICE STATION, RANEBENNUR, REP. HGP DHARWAD BENCH.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, 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 ENLARGE THE PETITIONER/ACCUSED NO.4 ON BAIL IN SC NO. 111/2022 ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, AT HAVERI (SITTING AT RANEBENNUR) FOR THE OFFENCES U/S 201, 302 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:2361 CRL.P No. 100187 of 2024

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ORDER

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Accused No.4 in S.C.No.111/2022 pending before the Court of II Additional District and Sessions Judge, Haveri sitting at Ranebennur arising out of Crime No.102/2021 registered by Ranebennur Rural Police Station, District Haveri for the offences punishable under Sections 302 and 201 of IPC is 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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It is the case of prosecution that sister of the

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accused No.3 namely Smt. Mangala was in love with deceased-Channappa. Inspite of accused No.3 warning Channappa, he continued his love affair with Smt. Mangala and therefore accused No.3 had ill-will against him. On 21.05.2022 at about 11.00 p.m. deceased-Channappa was going along with accused No.4 near the Railway Track, at that time, accused Nos.1 to 3 who came there dragged Channappa and at that time, Channappa allegedly requested accused No.4 to save him. Accused Nos.1 to 3

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3 - NC: 2024:KHC-D:2361 CRL.P No. 100187 of 2024

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assaulted Channappa and after he fell down they dropped stone on his head and had murdered him. Complaint in this regard was lodged by Parameshwar Naik, the brother of deceased after the dead body of Channappa was found. FIR was initially registered against the unknown persons.

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During the course of investigation, the petitioner was arrested on 11.03.2022. Investigation in the case is completed and charge sheet is filed. Petitioner is arrayed as accused No.4 in the charge sheet. Bail application filed by him before the Trial Court in S.C.No.111/2022 was rejected on 18.10.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that accused Nos.1 to 3 have been granted regular bail by this Court in Criminal Petition No.101527/2023, which was disposed off on 08.08.2023 and accordingly, he prays to allow the petition.

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Per contra, the learned High Court Government Pleader has opposed the petition.

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4 - NC: 2024:KHC-D:2361 CRL.P No. 100187 of 2024

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From a reading of the charge sheet material, it is seen that allegation of assaulting the deceased-Channappa and committing his murder by dropping a stone on his head only as against accused Nos.1 to 3. Accused Nos.1 to 3 have been granted regular bail by this Court in Criminal Petition No.101527/2023 disposed of on 08.08.2023. Petitioner is in custody from 11.03.2022. Investigation in the case is completed and charge sheet has been filed. On the ground of parity, the petitioner is entitled for relief sought for by him in this petition. Accordingly the following:

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ORDER

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Petition is allowed. The petitioner/accused No.4 is directed to be enlarged on bail S.C.No.111/2022 pending before the Court of II Additional District and Sessions Judge, Haveri sitting at Ranebennur arising out of Crime No.102/2021 registered by Ranebennur Rural Police Station, District Haveri for the offences punishable under Sections 302 and 201 of IPC, subject to the following conditions:

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5 - NC: 2024:KHC-D:2361 CRL.P No. 100187 of 2024

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(i) The petitioner/accused No.4 shall execute a personal bond for a sum of Rs.1,00,000/(Rupees One lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court;

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(ii) The petitioner/accused No.4 shall not tamper the prosecution witnesses;

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(iii) The petitioner/accused No.4 shall appear before the Sessions Court on all the dates of hearing, unless exempted and co-operate in speedy disposal of the case.

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Sd/JUDGE

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CKK

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List No.: 1 Sl No.: 28

Suresh S/O Kotrappa Nagappanavar v. the State of Karnataka

Case brief

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What did the court decide?

Suresh S/O Kotrappa Nagappanavar v. the State of Karnataka

Case brief

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