Allowed

Mecchiri Bharmappa S/O Honnurappa v. the State of Karnataka

Karnataka HC14 Feb 2024CRL.P/100343/2024

Case brief

AI extract

What is this about?

High Court allowed bail petition for accused Nos. 1, 2 and 4 in an IPC case involving alleged attempt to commit suicide by family members. Relying on bail granted to co-accused and lack of prima facie evidence for murder charge, bail was permitted subject to bond and standard conditions.

What did the court decide?

Petitioners enlarged on bail subject to executing personal bond of Rs. 1,00,000/- with two sureties for the same amount and complying with standard bail conditions.

Mecchiri Bharmappa S/O Honnurappa Vs the State of Karnataka — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC-D:3466 CRL.P No. 100343 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 14^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. 100343 OF 2024 (439-)

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BETWEEN:

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MECCHIRI BHARAMAPPA S/O. HONNURAPPA AGE: 70 YEARS, OCC: NIL, R/O. 1ST WARD, CHORANUR VILLAGE, TQ: SANDUR, DIST: BALLARI-583101.

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KARTHIK K. S/O. BHARAMAPPA, AGE: 28 YEARS, R/O. 1ST WARD, CHORANUR VILLAGE, TQ: SANDUR, DIST. BALLARI-583101.

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MECCHIRI SHIVAPPA S/O. HONNURAPPA AGE: 45 YEARS, R/O. 3RD WARD, CHORANUR VILLAGE, TQ: SANDUR, DIST. BALLARI-583101.

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…PETITIONERS

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(BY SRI SRINAND A. PACHHAPURE, ADVOCATE)

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2024.02.15 12:00:03 +0530

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AND:

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THE STATE OF KARNATAKA THROUGH CHORANURU POLICE STATION, SANDUR, NOW REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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 BAIL TO THE PETITIONERS/ACCUSED NO.1, 2 AND 4 IN CRIME NO.98/2023 CHORANURU P.S. REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE U/S 143, 147, 323, 306 AND 504 R/W 149 OF IPC BY THE RESPONDENT CHORANURU POLICE

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NC: 2024:KHC-D:3466 CRL.P No. 100343 of 2024

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STATION, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, BALLARI IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Accused Nos.1, 2 and 4 in Crime No.98/2023

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registered by Choranuru Police Station, District Ballari for the offences punishable under Sections 143, 147, 323, 306 and 504 read with Section 149 of IPC are before this

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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.98/2023 was registered by

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Choranuru Police Station, District Ballari for the aforesaid offences against the petitioners herein and five others. Petitioners are arrayed as accused Nos.1, 2 and 4 in the FIR.

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During the course of investigation, the petitioners/accused Nos.1, 2 and 4 were arrested on 30.11.2023, 09.01.2024 and 01.01.2024 respectively. Bail application filed by them before the Court of II Additional

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3 - NC: 2024:KHC-D:3466 CRL.P No. 100343 of 2024

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District and Sessions Judge, Ballari in Crl.M.P.No.48/2024 was rejected on 29.01.2024. Therefore, they are before this Court.

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Learned counsel for the petitioners having reiterated the grounds urged in the petition, submits that accused Nos.3 and 5 have been granted regular bail by this Court in Criminal Petition No.100051/2024 and accused No.6 has been granted regular bail by this Court in Criminal Petition No.100002/2024. Accordingly, he prays to allow the petition.

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Per contra , the learned High Court Government Pleader has opposed the petition. However, she does not dispute the submissions made by the learned counsel for the petitioners.

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FIR in Crime No.98/2023 was registered by Choranuru Police Station, Ballari District on the basis of complaint dated 13.11.2023 lodged by Nagaraja K., who is the brother of deceased-Obalesh. Accused No.3-Nagaveni is the wife of Obalesh. Accused No.1 is the father of

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4 - NC: 2024:KHC-D:3466 CRL.P No. 100343 of 2024

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accused No.3 and accused No.2 is the brother of accused No.3. Accused No.4 is the uncle of accused No.3. It is alleged that accused No.6 had illicit relationship with accused No.3 and all the accused persons allegedly had teased the deceased in this regard on 12.11.2023. On 13.11.2023, the deceased allegedly had gone to his house carrying a bottle of poison and his wife-Nagaveni had snatched the said bottle of poison from his hands and had approached the Police Station at about 230 p.m. The Police allegedly advised the deceased and thereafter sent the deceased and his wife to their house. Subsequently, at about 3.15 p.m. on the very same day, deceased had consumed the poison and Nagaveni had immediately shifted him to the hospital. However, the deceased died in the hospital while undergoing treatment. Considering the fact that the averments made in the complaint do not prima facie attract the offence under Section 306 of IPC, this court has already granted regular bail to accused Nos.3, 5 and 6 in Criminal Petition No.100051/2024 and Criminal Petition No.100002/2024. Allegation against all

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5 - NC: 2024:KHC-D:3466 CRL.P No. 100343 of 2024

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the accused are identical, under the circumstances, I am

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of the opinion that prayer made by the petitioners herein for grant of 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 petitioners/accused Nos.1, 2

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and 4 are directed to be enlarged on bail in Crime No.98/2023 registered by Choranuru Police Station, District Ballari for the offences punishable under Sections 143, 147, 323, 306 and 504 read with Section 149 of IPC, subject to the following conditions:

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i. The petitioners/accused Nos.1, 2 and 4 shall execute personal bond for a sum of Rs.1,00,000/- each with 2 sureties for the like-sum to the satisfaction of the jurisdictional Court;

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ii. The petitioners/accused Nos.1, 2 and 4 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;

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6 - NC: 2024:KHC-D:3466 CRL.P No. 100343 of 2024

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iii. The petitioners/accused Nos.1, 2 and 4 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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iv. The petitioners/accused Nos.1, 2 and 4 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against them is disposed off.

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Sd/JUDGE

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CKK CT:GSM List No.: 1 Sl No.: 27

Mecchiri Bharmappa S/O Honnurappa v. the State of Karnataka

Case brief

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What did the court decide?

Mecchiri Bharmappa S/O Honnurappa v. the State of Karnataka

Case brief

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