Partly allowed

Kallappa Basappa Hadapad S/O Basappa v. State of Karnataka

Karnataka HC5 Apr 2024CRL.P/100752/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 Cr.P.C. for murder and conspiracy charges. Petition dismissed as withdrawn for accused Nos.1, 3 and 4; granted for accused Nos.2 and 5, who faced only conspiracy allegations with no overt acts, no antecedents and completed investigation.

What did the court decide?

Accused Nos.2 and 5 enlarged on bail on personal bond of Rs.1,00,000 with two sureties, subject to conditions; petition dismissed as withdrawn as against accused Nos.1, 3 and 4.

Kallappa Basappa Hadapad S/O Basappa Vs State… — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:6255 CRL.P No. 100752 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5^TH DAY OF APRIL, 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. 100752 OF 2024

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BETWEEN:

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KALLAPPA BASAPPA HADAPAD, S/O BASAPPA, AGED 66 YEARS, OCC: FARMER, RESIDENT OF KERI ONI, HEBBALLI VILLAGE, DHARWAD TALUK, DIST: DHARWAD - 580 001.

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Digitally signed by GAYATHRI P G

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Location: High Court of Karnataka

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MALLIKARJUN KALLAPPA HADAPAD, S/O KALLAPPA HADAPAD, AGED 40 YEARS, OCC: COOLIE, RESIDENT AT KERI ONI, HEBBALLI VILLAGE, DHARWAD TALUK, DIST: DHARWAD - 580 001.

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SHREEKANT KALLAPPA HADAPAD, S/O KALLAPPA HADAPAD, AGED ABOUT 36 YEARS, OCC: FARMER, R/O HEBBALLI VILLAGE, DHARWAD TALUK, DIST: DHARWAD - 580 001.

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KIRAN @ PRAKASH KALLAPPA HADAPAD S/O KALLAPPA HADAPAD, AGED 33 YEARS, OCC: FARMER, R/O HEBBALLI VILLAGE, DHARWAD TALUK, DIST: DHARWAD - 580 001.

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ASHOK NINGAPPA HADAPAD, S/O NINGAPPA HADAPAD,

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NC: 2024:KHC-D:6255 CRL.P No. 100752 of 2024

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AGED 53 YEARS, OCC: FARMER, RESIDENT OF MANTUR VILLAGE, MANTUR, DIST: DHARWAD - 580 001.

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…PETITIONERS

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(BY SRI. AVINASH M ANGADI, ADVOCATE)

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AND:

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STATE OF KARNATAKA, THROUGH DHARWAD SUB URBAN POLICE, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD - 580 001.

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…RESPONDENT

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(BY SRI. JAIRAM SIDDI, HCGP)

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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. 1 TO 5/ THE PETITIONERS ON REGULAR BAIL IN CRIME NO. 289/2023 REGISTERED BY DHARWAD SUB URBAN POLICE, DHARWAD FOR THE OFFENCES P/U/SEC. 143, 147, 148, 302, 149 OF IPC PENDING ON THE FILE OF PRL. CJ (JR.DVN)-DHARWAD, HUBBALLI-DHARWAD.

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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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Learned counsel for the petitioners submits that petition may be dismissed as not pressed as against accused Nos.1, 3 and 4 with liberty to press the application after report is received from Forensic Science Laboratory.

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Submission is placed on record.

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3 - NC: 2024:KHC-D:6255 CRL.P No. 100752 of 2024

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3. Petition is dismissed as withdrawn as against

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accused Nos.1, 3 and 4 with liberty as prayed for.

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Accused Nos.2 and 5 in Crime No.289/2023 registered by Dharwad Sub-urban Police Station, Hubballi for offences punishable under Sections 143, 147, 148, 302, 120B and 149 of IPC are 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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F.I.R. in Crime No.289/2023 was registered by

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Dharwad Sub-urban Police Station, Hubballi initially for offences punishable under Sections 143, 147, 148, 302,

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120B and 149 of IPC based on the first information received from one M.H.Shivaraju, Assistant Sub-Inspector of Police of Dharwad Sub-urban Police Station on 03.12.2023. In the first information submitted by the first informant it is averred that on 03.12.2023 when he

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was on duty at about 16 hours he received a credible information that about four to five persons were assaulting a person with deadly weapons and on receipt of the said

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4 - NC: 2024:KHC-D:6255 CRL.P No. 100752 of 2024

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information he immediately rushed to the spot of crime. When he reached the said place he found that a aged person was lying in a pool of blood and he had suffered multiple injuries on his body and the injured person had succumbed to the injuries on the spot. When the first informant checked the bag which was lying near the dead body he found a bank pass book in the name of Ningappa Basappa aged about 72 years. On enquiry he came to know that deceased had a civil dispute with his family members and the assault made by the accused on the deceased was recorded in a mobile phone. The persons present near the location had identified the assailants found in the video and in this background he had approached the Police Station and submitted a first information based on which F.I.R. in Crime No.289/2023

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was registered against accused Nos.1 to 4 and another. During the course of investigation, petitioners herein were arrested on 04.12.2023. Investigation in the case is completed and charge sheet has been fled. Bail application filed by the petitioners before the trial Court at

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5 - NC: 2024:KHC-D:6255 CRL.P No. 100752 of 2024

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the crime stage was dismissed on 13.02.2024. Thereafter they had filed Crl.P.No.100390/2024 before this Court which was dismissed as withdrawn on 14.02.2024. Subsequently charge sheet is filed on 22.02.2024 and thereafter, petitioners have filed this fresh bail application.

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Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that allegation of assault on the deceased is only as against Nos.1, 3 and 4. Insofar as accused Nos.2 and 5 are concerned the only allegation is that they have conspired with the other accused to commit the murder of the deceased. They are in custody from 04.12.2023 Investigation in the case is completed and charge sheet has been filed. Petitioners have no criminal antecedents they are agriculturist by avocation. Accordingly, he prays to allow the petition.

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Per contra, the learned High Court Government

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Pleader has opposed the petition and submits that petitioners along with other accused had a motive to

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6 - NC: 2024:KHC-D:6255 CRL.P No. 100752 of 2024

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commit the murder of the deceased and in this

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background they had conspired and committed the murder. Accordingly, he prays to dismiss the petition.

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The material on record would go to show that,

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1st petitioner is the elder brother of the deceased and petitioner Nos.2 to 4 are the sons of accused No.1 and accused No.5 is the son-in-law of accused No.1. The allegation of assault on the deceased with deadly weapons is only as against accused Nos.1, 3 and 4. The name of accused No.5 is not found in the F.I.R. Accused Nos.2 and 5 allegedly had conspired with other accused who are their close relatives to commit the murder of deceased who is the brother of accused No.1. No overt-acts has been alleged as against them and they do not have any criminal antecedents. They are in custody from 04.12.2023. Investigation in the case is completed and charge sheet has been filed. Under these circumstances, without expressing any opinion on the merits of the case, I am of the opinion that prayer made by the accused Nos.2

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NC: 2024:KHC-D:6255 CRL.P No. 100752 of 2024

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and 5 who are agriculturists by avocation for grant of regular bail is required to be answered in affirmative. Accordingly, the following:

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ORDER

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The Criminal Petition insofar as it relates to accused Nos.2 and 5 is allowed .

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The petitioner/accused Nos.2 and 5 are directed to be enlarged on bail in Crime No.289/2023 registered by Dharwad Sub-urban Police Station, Hubballi for offences punishable under Sections 143, 147, 148, 302, 120B and 149 of IPC subject to the following conditions:

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a) The petitioner/accused Nos.2 and 5 shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

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b) The petitioner/accused Nos.2 and 5 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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8 - NC: 2024:KHC-D:6255 CRL.P No. 100752 of 2024

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c) The petitioner/accused Nos.2 and 5 shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner/accused Nos.2 and 5 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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e) The petitioner/accused Nos.2 and 5 shall not involve in similar offences in future.

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Sd/JUDGE

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GPG List No.: 19 Sl No.: 1 CT: BHK

Kallappa Basappa Hadapad S/O Basappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Kallappa Basappa Hadapad S/O Basappa v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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