Dismissed

Munikrishna @ Munikrishnappa @ Kappe v. the State of Karnataka by

Karnataka HC12 Nov 2024CRL.P/10103/2024

Case brief

AI extract

What is this about?

Anticipatory bail petition by an accused in a split-up case arising from a riot and attempt-to-murder FIR. Counsel stated the petitioner already had regular bail and sought to withdraw; petition dismissed as not pressed with liberty to seek recall of non-bailable warrant.

What did the court decide?

Dismissed as not pressed with liberty to appear before the jurisdictional court in the split-up case and seek recall of the NBW.

Munikrishna @ Munikrishnappa @ Kappe Vs the State of… — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC:45934 CRL.P No. 10103 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF NOVEMBER, 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. 10103 OF 2024

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BETWEEN:

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MUNIKRISHNA @ MUNIKRISHNAPPA @ KAPPE S/O MUNIYAPPA AGED ABOUT 30 YEARS R/AT NO.01, TIGALARABIDHI AMRUTHAHALLI, BENGALURU - 560 092.

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…PETITIONER

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(BY SRI SHYAM PRASAD H.S, ADV.)

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AND:

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THE STATE OF KARNATAKA BY KODIGEHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING BANGALORE - 560 001.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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…RESPONDENT (BY SRI RAHUL RAI K, HCGP) THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL IN SPLIT UP C.C.NO.3205/2024 (CR.NO.255/2022) OF KODIGEHALLI (S.C.NO.426/2024) FOR ALLEGED OFFENCE P/U/S 143,147,148,341,323,324,307,504,506,114 R/W 149 OF IPC OF KODIGEHALLI P.S. PENDING ON THE FILE BEFORE LEARNED 7TH A.C.M.M COURT BENGALURU TO RELEASE THE PETITIONER FORTHWITH IN THE EVENT OF HIS ARREST IN THE ABOVE CR.NO.255/2022 IMPOSING ANY CONDITION.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:45934 CRL.P No. 10103 of 2024

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CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Accused No.5 in CC No.3205/2024 pending on the file of VII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.255/2022 registered by Kodigehalli Police Station, Bengaluru, for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 307, 504, 506, 114 read with Section 149 of IPC, is before this Court under Section 438 of Cr.P.C., with a prayer to grant him anticipatory bail.

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Learned counsel for the petitioner after arguing the matter for some time, submits that petitioner, who was arrested in the present case, was granted regular bail by the jurisdictional Sessions Court on merits of the case. Thereafter, investigation in the case was completed, charge sheet was filed and the case was numbered as CC No.8358/2023. Since accused Nos.4 and 5 remained absent during the course of proceedings in CC No.8358/2023, the case against other accused persons was committed and is now pending before the jurisdictional Sessions Court in SC No.426/2024. As against accused Nos.4 and 5, a split-up case was registered against

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NC: 2024:KHC:45934 CRL.P No. 10103 of 2024

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them in CC No.3205/2024. Accused No.4 is already produced in the split-up case under body warrant and is remanded to judicial custody. In the split-up case, non-bailable warrant is issued against the petitioner. Since the petitioner was earlier granted regular bail and his bail bond is not yet cancelled, the petitioner may be given liberty to surrender before the jurisdictional Court in the split-up case and make necessary application seeking recall of the non-bailable warrant issued against him. He prays that this petition may be dismissed as not pressed with liberty to the petitioner to make such an application.

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The submission made by learned counsel for the petitioner is taken on record.

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Learned HCGP does not oppose the prayer made by learned counsel for the petitioner. Therefore, petition is dismissed as not pressed with liberty to the petitioner to appear before the jurisdictional Court in the split up case and make necessary application seeking recall of the non-bailable warrant issued against him. If such an application is made, the said

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NC: 2024:KHC:45934 CRL.P No. 10103 of 2024

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Court shall consider the same on its merits in accordance with

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law.

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Sd/(S VISHWAJITH SHETTY)

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JUDGE

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Munikrishna @ Munikrishnappa @ Kappe v. the State of Karnataka by

Case brief

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Munikrishna @ Munikrishnappa @ Kappe v. the State of Karnataka by

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