Allowed

Shri. Akshyakumar S/O Nagappa Konkeri v. the State of Karnataka

Karnataka HC19 Feb 2024CRL.P/100274/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench granted bail to the petitioner, accused No.2, in a murder and conspiracy case. The court allowed the petition based on parity since other co-accused had already been released on bail.

What did the court decide?

The petitioner/accused No.2 is directed to be enlarged on bail with a personal bond of Rs. 1,00,000/- and two sureties for the like sum.

Shri. Akshyakumar S/O Nagappa Konkeri Vs the State of… — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:3859 CRL.P No. 100274 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 19^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. 100274 OF 2024

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BETWEEN:

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SHRI AKSHYAKUMAR S/O NAGAPPA KONKERI, AGE: 23 YEARS, OCC: PVT. SERVICE, R/O. KAVALPETH, SULEBHAVI, TQ.DIST. BELAGAVI-591108.

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…PETITIONER

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(BY SRI. PRAVEEN A. KAROSHI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, R/BY HCGP, DHARWAD BENCH, THROUGH MARIHAL PS, DIST: BELAGAVI.

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…RESPONDENT

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ANNAPURNA CHINNAPPA DANDAGAL

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Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.20 10:51:34 +0530

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(BY SMT. GIRIJA S. HIREMATH, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING TO THAT BENEFIT PROVIDED U/S 439 OF CR.P.C. MAY BE GIVEN THIS PETITIONER/ACCUSED NO.2 MAY BE ORDERED TO BE RELEASED ON BAIL IN MARIHAL P.S. CRIME NO.80/2023 PUNISHABLE U/S 302, 120B, 34 OF IPC, AND THE TRAIL WAS PENDING BEFORE THE XI ADDL. DISTRICT AND SESSIONS JUDGE, BELAGAVI AT BELAGAVI IN S.C. NO.131/2023.

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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:3859 CRL.P No. 100274 of 2024

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ORDER

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Accused No.2 in S.C.No.131/2023 pending before

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the Court of XI Additional District and Sessions Judge, Belagavi, arising out of Crime No.80/2023 registered by Marihal Police Station, Belagavi District for the offences punishable under Sections 120B and 302 read with Section 34 of IPC is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.80/2023 was registered by Marihal Police Station, District Belagavi, against petitioner and another for the offences punishable under Sections 120B and 302 read with Section 34 of IPC on the basis of complaint lodged by Sri Santosh Karalingannavar on 19.05.2023. In the said complaint, it is averred that complainant was informed on 19.05.2023 at about 6.45 a.m. by Basanagouda Irappa Patil who is from his village that on the night of 18.05.2023, petitioner-Akshay Kumar Nagappa and his friend Rajesab Hanif Mulla had assaulted and murdered complainant’s brother-Mahantesh in front of the school in their village. Complainant immediately went to the spot and after seeing the dead body of his brother-

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3 - NC: 2024:KHC-D:3859 CRL.P No. 100274 of 2024

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Mahantesh had approached the Police and lodged the complaint at about 8.30 a.m. which had resulted in registering Crime No.80/2023 against the petitioner and Rajesab.

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During the course of investigation, the petitioner was arrested on 19.05.2023. Investigation in the case is completed and charge sheet is filed. Petitioner is arrayed as accused No.2 in the charge sheet. Bail application filed by him before the Court of XI Additional District and Sessions Judge, Belagavi in Criminal Miscellaneous No.1446/2023 was rejected on 16.12.2023. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that accused nos.1 & 3 have been already granted regular bail by this Court in Crl.P.No.100332/2024 & Crl.P.No.103592/2023, respectively.

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Learned HCGP does not dispute the submission made by the learned Counsel for the petitioner.

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The allegation in the charge sheet is, that accused nos.1 & 2 had conspired to murder Mahantesh, who is the brother of the complainant. On 18.05.2023 at about 9.30 p.m. when Mahantesh was sitting along with CW-10 near the school

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4 - NC: 2024:KHC-D:3859 CRL.P No. 100274 of 2024

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in their village, accused Nos.1 and 2 who came there in the motorbike along with accused No.3, had assaulted Mahantesh with Talavar and had committed the murder. The allegations against accused nos.1 & 2 are similar. Accused no.1 has been granted regular bail by this Court in Crl.P.No.100332/2024 disposed of on 15.02.2024. It is also not in dispute that accused no.3 also has been granted bail by this Court in Crl.P.No.103592/2024 disposed of on 16.01.2024. Under the circumstances, I am of the opinion that on the ground of parity, accused nos.2 is also entitled for the relief sought for by him in this petition. Accordingly, the following order:

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Petition is allowed. The petitioner/accused No.2 is directed to be enlarged on bail in S.C.No.131/2023 pending before the Court of XI Additional District and Sessions Judge, Belagavi arising out of Crime No.80/2023 registered by Marihal Police Station, Belagavi District for the offences punishable under Sections 120B and 302 read with Section 34 of IPC, subject to the following conditions:

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i. The petitioner/accused No.2 shall execute personal bond for a sum of Rs.1,00,000/- with

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NC: 2024:KHC-D:3859 CRL.P No. 100274 of 2024

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two sureties for the like-sum to the satisfaction of the jurisdictional Court;

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ii. The petitioner/accused No.2 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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iii. The petitioner/accused No.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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iv. The petitioner/accused No.2 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/JUDGE

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KK CT:GSM List No.: 1 Sl No.: 21

Shri. Akshyakumar S/O Nagappa Konkeri v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri. Akshyakumar S/O Nagappa Konkeri v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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