Allowed

Shivaraj Urf Karitol S/O Devendrappa Kariyammanavar v. the State of Karnataka

Karnataka HC6 Feb 2024CRL.P/100203/2024

Case brief

AI extract

What is this about?

In this criminal petition, the High Court of Karnataka, Dharwad Bench granted regular bail to the petitioner accused of offences under Sections 143, 147, 307, 324, 341, 363, 504, and 506 IPC read with Section 34 IPC. The court observed that the investigation was largely completed and allowed bail conditioned upon a personal bond.

What did the court decide?

The petitioner is enlarged on bail subject to a personal bond of Rs. 1,00,000 with one surety, attendance at the trial court regularly, and no tampering with witnesses.

Shivaraj Urf Karitol S/O Devendrappa Kariyammanavar Vs the… — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:2518 CRL.P No. 100203 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 6^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100203 OF 2024 (439)

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BETWEEN:

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SHIVARAJ URF KARITOL S/O. DEVENDRAPPA KARIYAMMANAVAR, AGE: 25 YEARS, OCC. DRIVER, R/O. BYADAGI BETTADA MALLESHWAR NAGAR, NOW AT HUBBALLI, KESHWAPUR, C/O. PRAKASH GOVIND HANAGI RAMESH BUVAN, KESHWAPUR, HUBBALLI 580009.

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…PETITIONER

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(BY SRI VEERESH GADDADA, ADVOCATE)

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AND:

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Digitally VIJAYALAXMI signed by M BHAT VIJAYALAXMI M BHAT

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THE STATE OF KARNATAKA BY RANEBENNUR RURAL POLICE, R/BY ADDL.S.P.P HIGH COURT, DHARWAD BENCH, DHARWAD.

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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 ENLARGE THE PETITIONER/A-1 ON REGULAR BAIL IN RANEBENNUR RURAL PS CRIME NO. 02/2024 PENDING ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR REGISTERED FOR THE OFFENCE U/SEC. 143, 147, 307, 324, 341, 363, 504 AND 506 R/W SEC. 34 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:2518 CRL.P No. 100203 of 2024

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ORDER

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Accused No.1 in Crime No.2/2024 registered by Ranebennur Police Station, District Haveri for the offences punishable under Sections 143, 147, 307, 324, 341, 363, 504 and 506 read with Section 34 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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FIR in Crime No.2/2024 was registered by Ranebennur Police Station, District Haveri for the aforesaid offences against five unknown persons on the basis of complaint of Sri Shiddalingappa @ Siddappa S/o. Yallappa Hullur lodged on 03.01.2024.

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During the course of investigation in the case, the petitioner was arrested on 05.01.2024 and remanded to Judicial Custody. Bail application filed by him before the jurisdictional Court of Principal Senior Civil Judge and JMFC, Ranebennur was rejected on 17.01.2024. Therefore, he is before this Court.

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3 - NC: 2024:KHC-D:2518 CRL.P No. 100203 of 2024

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Learned counsel for the petitioner submits that the complainant had assaulted his wife on 02.01.2024, who was admitted in the Hospital and had left the Hospital along with their minor girl child. It is in this background, the neighbourers had intercepted the complainant and incident in question had taken place. Accordingly, he prays to allow the petition.

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Per contra , the learned High Court Government Pleader has opposed the petition. She submits that complainant has suffered a fracture injury and investigation in the case is under progress. Accordingly, she prays to dismiss the petition.

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From a perusal of the material available on record, it is seen that on 02.01.2024 while the complainant was traveling in his motorbike with another lady known as Timmavva and his minor daughter Renuka, he was intercepted by about 05 persons and they allegedly had assaulted him and took his minor daughter Renuka along with them.

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4 - NC: 2024:KHC-D:2518 CRL.P No. 100203 of 2024

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Complainant’s wife Geetha has lodged a complaint on 06.01.2024 before Byadagi police, wherein she has averred that on 02.01.2024 at about 11.30am, the complainant had come to the hospital where she was admitted for the purpose of delivery and had abused her on the ground that she had again delivered a girl child.

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It appears that after abusing and assaulting his wife in the hospital, the complainant had taken his elder daughter, and had left the hospital and was traveling with another lady when the accident in question took place. Complainant’s wife in her complaint has stated that her husband had multiple relationships. It appears that it is in this background, the neighbours had intercepted the bike of the complainant and assaulted himand thereafter, taken the minor daughter along with them. Petitioner has no criminal antecedents and he is in custody from 05.01.2024. Major portion of the investigation is completed. Under these circumstances, I am of the opinion that, the prayer made by the petitioner in the application

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NC: 2024:KHC-D:2518 CRL.P No. 100203 of 2024

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for 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. The petitioner is directed to be enlarged on bail in Crime No.2/2024 registered by Ranebennur Police Station, District Haveri for the offences punishable under Sections 143, 147, 307, 324, 341, 363, 504 and 506 read with Section 34 of IPC, subject to the following conditions:

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i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court.

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ii. The petitioner shall attend Trial Court regularly on all dates of hearing unless his appearance is exempted by the Trial Court for valid reasons.

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iii. The petitioner shall not directly or indirectly tamper with the prosecution witnesses.

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iv. The petitioner shall not involve in similar offences in future.

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Sd/JUDGE

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CKK,VMB List No.: 1 Sl No.: 18

Shivaraj Urf Karitol S/O Devendrappa Kariyammanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivaraj Urf Karitol S/O Devendrappa Kariyammanavar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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