Allowed

Sri Rangappa S/O Dyamanna Chigari v. the State of Karnataka

Karnataka HC2 Apr 2024CRL.P/100824/2024

Case brief

AI extract

What is this about?

Regular bail sought by accused No.1 charged under Section 302 IPC for the murder of his brother over family property. The prosecution case was entirely circumstantial and the co-accused had already been granted bail by this Court. Bail was granted subject to conditions.

What did the court decide?

Petitioner enlarged on regular bail in S.C.No.92/2023 on personal bond of Rs.1,00,000 with two sureties, subject to conditions on attendance, non-tampering with witnesses and not leaving trial court j

Sri Rangappa S/O Dyamanna Chigari Vs the… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:6131 CRL.P No. 100824 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF APRIL, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100824 OF 2024

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BETWEEN:

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SRI RANGAPPA, S/O DYAMANNA CHIGARI AGED ABOUT 24 YEARS, OCC. COOLIE, R/O HANUMANAL, TQ. KUSHTAGI, DIST. KOPPAL-582 101.

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…PETITIONER

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(NOTE: THE PETITIONER IS IN JUDICIAL CUSTODY FOR MORE THAN 6 MONTHS)

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(BY SRI S M KALWAD, ADVOCATE [V/C])

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AND:

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Digitally signed by PAVITHRA N

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Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA, THROUGH HANUMASAGAR PS, KOPPAL, HIGH COURT BUILDING, CIRCUIT BENCH, DHARWAD, REP. BY ITS SPP.

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…RESPONDENT

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(BY SRI JAIRAM SIDDI, HCGP [V/C])

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THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON REGULAR BAIL U/SEC. 439 OF CR.P.C. IN CRIME NO. 106/2023, HANUMASAGAR PS FOR THE OFFENCE P/U/SEC. 302 OF IPC PENDING ON THE FILE OF PRL. DISTRICT AND SESSIONS JUDGE, KOPPAL, IN SC NO. 92/2023.

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NC: 2024:KHC-D:6131 CRL.P No. 100824 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.1 in S.C.No.92/2023 pending before the

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Court of the Principal District and Sessions Judge, Koppal arising out of Crime No.106/2023 registered by the Hanumsagara police station, Koppal for the offence punishable under Section 302 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.106/2023 was registered for the

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offence punishable under Section 302 of IPC against unknown persons on the basis of the first information submitted by Dyamanna s/o Hanamappa Chigari who is father of deceasedManjunath on 20.08.2023. During the course of investigation, the petitioner and accused No.2 were arrested on 21.08.2023. Investigation in the case is completed and charge sheet has

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been filed against the accused Nos.1 and 2 for the aforesaid offence. Bail application filed by the petitioner before the Court of the trial Court in S.C.No.92/2023 was rejected on 09.01.2024. Therefore, he is before this Court.

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NC: 2024:KHC-D:6131 CRL.P No. 100824 of 2024

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4. Learned counsel for the petitioner submits that the

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entire case of the prosecution is based on circumstantial evidence. Accused No.2 as against whom similar allegations are found in the charge sheet has been already granted regular bail by this Court in Crl.P.No.100012/2024. Accordingly, prays to allow the petition.

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Per contra , learned High Court Government Pleader has opposed the bail application.

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The material on record would go to show that the FIR was initially registered against unknown persons for the offence punishable under Section 302 of IPC. Petitioner is the brother of deceased-Manjunath. The allegation in the charge sheet is that the petitioner along with accused No.2 had committed murder of deceased-Manjunath who was a chronic drunkard. The petitioner herein allegedly committed murder of the brother-Manjunath along with accused No.2 assuming that he would be the sole successor for 10 acres of family property, in the event, Manjunath is killed. It is in this background on the intervening night of 19.08.2023 and 20.08.2023, accused Nos.1 and 2 allegedly had committed the murder of Manjunath

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4 - NC: 2024:KHC-D:6131 CRL.P No. 100824 of 2024

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by dropping a stone on his head. Entire case of the prosecution is based on circumstantial evidence. Accused No.2 as against whom similar allegations are found in the charge sheet has been granted bail by this Court in Crl.P.No.100012/2024. Under these circumstances, I am of the opinion that the prayer made

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by the petitioner 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 petitioner/accused No.1 is directed to be enlarged on bail in S.C.No.92/2023 pending before the Court of the Principal District and Sessions Judge, Koppal arising out of Crime No.106/2023 registered by the Hanumsagar police station, Koppal for the offence punishable under Section 302 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 2 sureties for the likesum 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

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NC: 2024:KHC-D:6131 CRL.P No. 100824 of 2024

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the Trial Court exempts his appearance for valid

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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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NR/List No.: 19 Sl No.: 4

Sri Rangappa S/O Dyamanna Chigari v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Rangappa S/O Dyamanna Chigari v. the State of Karnataka

Case brief

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