Allowed

Shivakumar S/O Basavaraj Mestri v. State of Karnataka

Karnataka HC23 Feb 2024CRL.P/100504/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the petitioner's criminal petition under Section 439 Cr.P.C. granting regular bail in a trial court case involving murder, grievous hurt, and arms offences. The court noted the petitioner had no criminal antecedents, no specific overtact was alleged in the FIR, and the investigation was complete with other accused in custody.

What did the court decide?

Petitioner enforced on regular bail subject to personal bond of Rs. 1,00,000 with two sureties, appearance before trial court, ensuring no witness tampering, and not leaving jurisdiction without permi

Shivakumar S/O Basavaraj Mestri Vs State of… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:4445 CRL.P No. 100504 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD 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. 100504 OF 2024 (439)

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BETWEEN:

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SHIVAKUMAR S/O. BASAVARAJ MESTRI (AS PER IMPUGNED TRIAL COURT ORDER) @ SHIVU BASAVARAJ MESTRI (AS PER FIR) AGE: 24 YEARS, OCC: COOLIE, R/O. ADIJAMBAVA NAGAR, GOKAK, TQ: GOKAK. DIST: BELAGAVI-580001.

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…PETITIONER

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(BY SRI. AVINASH M. ANGADI, ADVOCATE)

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AND:

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STATE OF KARNATAKA THROUGH GOKAK TOWN POLICE STATION, GOKAK, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580001.

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…RESPONDENT

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Digitally signed by ANNAPURNA ANNAPURNA CHINNAPPA CHINNAPPA DANDAGAL DANDAGAL Date: 2024.02.23 13:17:25 +0530

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(BY SMT. GIRIJA S. HIREMATH, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND ENLARGE THE ACCUSED NO.4/PETITIONER ON REGULAR BAIL CRIME NO. 152/2023 REGISTERED BY GOKAK TOWN PS, GOKAK, FOR THE OFFENCES PUNISHABABLE U/SEC. 143, 147, 148, 302, 307, 114, 341, 323, 324, 504, 506 R/W SEC. 149 OF IPC AND SEC. 25(1A) OF THE INDIAN ARMS ACT ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC GOKAK ON THE BASIS OF A COMPLAINT LODGED.

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2 - NC: 2024:KHC-D:4445 CRL.P No. 100504 of 2024

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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 no.5 in Crime No.152/2023 registered by Gokak Town Police Station, Belagavi District, for the offences punishable under Sections 143, 147, 448, 302, 307, 114, 341, 323, 324, 504, 506, 149 IPC and Section 25(1A) of the Indian Arms Act, 1959, is before this Court under Section 439 Cr.PC.

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Heard the learned Counsel for the parties.

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FIR in Crime No.152/2023 was registered by Gokak Town Police Station, Belagavi District, for the aforesaid offences against Sunil Kadappa Mestri and nine others. Petitioner is arrayed as accused no.4 in the FIR. During the course of investigation of the case, petitioner was arrested on 13.11.2023. Investigation in the case is completed and charge sheet has been filed for the aforesaid offences against ten accused. Petitioner is arrayed as accused no.5 in the charge sheet. Bail application filed by him before the Court of XII Addl. Sessions Judge, Belagavi, sitting at Gokak, in Crl. Misc. No.8010/2024 was rejected on 05.02.2024. Therefore, petitioner is before this Court.

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NC: 2024:KHC-D:4445 CRL.P No. 100504 of 2024

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Learned Counsel for the petitioner submits that in the complaint there is no allegation of overtact against the petitioner. As per the charge sheet, he had held deceased Santosh to enable accused no.2 to assault him. There is no allegation of assault against the petitioner either as against the deceased or against the injured. Investigation in the case is complete. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has seriously opposed the

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petition. She submits that the fight had taken place on the alleged date due to a long standing rivalry between the two gangs. Petitioner had held the deceased and prevented him escaping from the spot. In the event petitioner is enlarged on bail, he is likely to tamper with the prosecution witnesses. The further statement of the complainant would go to show that the petitioner was actively involved in committing the offence. She also submits that the statement of eye-witnesses under Section 164 Cr.PC is recorded in this case. Accordingly, she prays to dismiss the petition.

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4 - NC: 2024:KHC-D:4445 CRL.P No. 100504 of 2024

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In the complaint dated 13.11.2023 lodged by Mohan Laxman Jarakiholi who is an injured in the incident that had taken place on 12.11.2023, it is averred that on 12.11.2023 at about 7.30 p.m., accused no.1 intercepted the motor bike of the complainant and his friend Santosh and after abusing them, had assaulted them with his hands. Complainant and his friend Santosh left the said spot and thereafter informed their friends about accused no.1 abusing and assaulting them. It is in this background, the complainant and his friend Santosh along with their other friends had gone to the house of accused no.1. Accused no.1 who was present in the house along with his friends who are named in the complaint allegedly abused the complainant and his friends, and also instigated his friends to assault the complainant and his friends who had accompanied the complainant to the house of accused no.1.

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In the complaint, it is alleged that accused no.1 allegedly assaulted Santosh on his head with a Talwar and accused no.2 stabbed Santosh on his chest and stomach with a knife. The other persons who were present along with accused nos.1 & 2 allegedly assaulted the complainant and his friends with stone and bricks. When people started gathering, the accused

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5 - NC: 2024:KHC-D:4445 CRL.P No. 100504 of 2024

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persons went away from the spot and thereafter Santosh was shifted to the hospital and in the hospital, the doctors declared that he had died. It is in this background, that a complaint was lodged on 13.11.2023 at about 00.30 hours which had resulted in registering FIR in Crime No.152/2023.

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Undisputedly, there is no allegation of any specific overtact as against the petitioner in the complaint. In the charge sheet, the allegation against the petitioner is that he had held deceased Santosh to enable accused no.2 to stab Santosh with a knife on his stomach. Even in the charge sheet, there is no allegation against the petitioner that he had either assaulted deceased Santosh or the others who were injured in the incident.

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From a reading of the complaint as well as the charge sheet allegations, it is seen that there is a long standing dispute between two groups and on 12.11.2023, it was the complainant and his friends who had gone to the house of accused no.1, and therefore, it appears that they are the aggressors in the case. In the incident that had taken place near the house of accused no.1, the members of both the groups have suffered injuries.

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6 - NC: 2024:KHC-D:4445 CRL.P No. 100504 of 2024

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Accused no.2 has suffered grievous injury and accused no.4 has also suffered simple injury in the incident in question. Therefore, it appears that both the groups were armed with weapons. Undisputedly, petitioner has no criminal antecedents. Investigation in the case is complete and charge sheet has ben filed. All other accused persons as against whom charge sheet is filed, are in custody. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively. Accordingly, the following order:

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Petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.152/2023 registered by Gokak Town Police Station, Belagavi District, for the offences punishable under Sections 143, 147, 448, 302, 307, 114, 341, 323, 324, 504, 506, 149 IPC and Section 25(1A) of the Indian Arms Act, 1959, 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 two sureties for the likesum to the satisfaction of the jurisdictional Court;

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7 - NC: 2024:KHC-D:4445 CRL.P No. 100504 of 2024

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ii. The petitioner 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 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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iv. The petitioner 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.: 18

Shivakumar S/O Basavaraj Mestri v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivakumar S/O Basavaraj Mestri v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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