Allowed

Sangharsh Alias Sangappa S/O Kushab Kamble v. the State of Karnataka

Karnataka HC2 Dec 2024CRL.P/103359/2024

Case brief

AI extract

What is this about?

In a successive bail application, the High Court of Karnataka granted regular bail to an accused detained for over two years for murder, holding that the extended incarceration justified release by order without expressing an opinion on the trial merits.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 1,00,000/- with two sureties for the like sum, subject to standard bail conditions including appearance, no witness tampering, and no emigration.

Sangharsh Alias Sangappa S/O Kushab Kamble Vs… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-D:17721 CRL.P No. 103359 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 2^ND DAY OF DECEMBER, 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. 103359 OF 2024

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BETWEEN:

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SANGHARSH ALIAS SANGAPPA S/O KUSHAB KAMBLE, AGED ABOUT 24 YEARS, OCC: AGRICULTURE, R/O BEVANUR TQ, ATHANI, DIST BELAGAVI - 591220.

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…PETITIONER

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(BY SRI K ANANDA KUMAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, ATHANI POLICE STATION, REPT. BY STATE ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT BUILDING DHARWAD BENCH, DHARWAD.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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…RESPONDENT

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(BY SMT GIRIJA HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (UNDER SECTION 483 OF BNSS, 2023) SEEKING TO ALLOW THE ABOVE PETITION AND DIRECT THE RESPONDENT HEREIN TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN RESPECT OF CRIME NO.350/2022 REGISTERED WITH ATHANI POLICE STATION IN PENDING BEFORE XI ADDL. DISTRICT AND SESSIONS JUDGE BELAGAVI SITTING AT ATHANI IN SC NO. 5051/2023 UNDER SEC. 302, 397, 449 OF IPC AND ETC.

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

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CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

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NC: 2024:KHC-D:17721 CRL.P No. 103359 of 2024

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

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Accused in S.C.No.10100/2024 pending before the Court of XI Additional District and Sessions Judge, Belagavi sitting at Athani, arising out of Crime No.350/2022 registered by Athani Police Station, Belagavi District for the offence punishable under Section 397, 449 and 302 of Indian Penal Code (for short 'IPC'), is before this Court seeking regular bail under Section 439 of Code of Criminal Procedure (Section 483 of BNSS).

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State.

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FIR in Crime No.350/2022 was registered by Athani Police Station, Belagavi District for the aforesaid offences against the petitioner herein, on the basis of the first information received from one Parameshwar Laxman Yamagar. During the course of investigation of the case, petitioner herein was arrested on 22.10.2022 and subsequently remanded to judicial custody.

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The bail application filed by the petitioner before the jurisdictional Session Court was rejected. Therefore, the

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3 - NC: 2024:KHC-D:17721 CRL.P No. 103359 of 2024

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petitioner approached this Court in Criminal Petition No.100104/2024 which was dismissed on 25.01.2024. Thereafter, he had filed a fresh application in Crl.Misc. No.10025/2024 before the jurisdictional Sessions Court which was rejected on 24.08.2024. Therefore, the petitioner is before this Court in this successive bail application.

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Learned counsel for the petitioner reiterated the grounds urged in the petition and submits that the petitioner has no criminal antecedents, he is in custody for more than two years. Trial in the case is yet to commence. Continued detention of the petitioner who is a youngster is detrimental to his future prospects and accordingly he prays to allow the petition.

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Per contra, learned High Court Government Pleader opposed the bail petition and submits on the merits of the case,

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the petitioner's bail application has been rejected by this Court, therefore his prayer in the successive bail petition cannot be granted and prays for dismissal of the bail petition.

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FIR was registered against the petitioner in Cr.No.350/2022 by Athani Police Station, Belagavi District,

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4 - NC: 2024:KHC-D:17721 CRL.P No. 103359 of 2024

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since the first informant suspected the hand of the petitioner in the death of his step mother. During the course of the investigation, the petitioner was arrested on 22.10.2022. Investigation of the case is complete and charge sheet has been filed. Perusal of the charge sheet material would go to show that the entire case of the prosecution is based on circumstantial evidence. Prosecution is mainly relying upon the recovery made at the instance of the petitioner to connect the petitioner to the crime. Earlier bail application filed by the petitioner before this Court in Criminal Petition No.100104/2024 was rejected by taking into consideration the aforesaid aspects of the matters.

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Learned counsel for the petitioner has brought to the notice of this Court that though more than 2 years have lapsed from the date of petitioner's arrest, till date charges are not framed before the Trial Court and the petitioner who has no criminal antecedents is in custody. The case before the Trial Court is now listed to hear before charge. Prosecution has cited 41 charge sheet witnesses in the present case, therefore, the chances of the trial being completed and the main case being disposed on its merits in the near future is very remote.

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5 - NC: 2024:KHC-D:17721 CRL.P No. 103359 of 2024

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Considering the period of incarceration of the petitioner and the stage in which the case is now pending before the Trial Court, I am of the opinion that without expressing any opinion on the merits of the case, prayer made by the petitioner for grant of regular bail is required to be answered in affirmative. Hence, the following:

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ORDER

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The Criminal Petition is allowed.

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The petitioner is directed to be released on bail in SC.No.10100/2024 pending before the Court of XI Additional District and Sessions Judge, Belagavi sitting at Athani, arising out of Crime No.350/2022 registered by Athani Police Station, Belagavi District for the offence punishable under Section 397, 449 and 302 of Indian Penal Code, subject to the following conditions:-

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Petitioner 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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Petitioner shall appear before the Trial Court regularly on all dates of hearing unless the

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NC: 2024:KHC-D:17721 CRL.P No. 103359 of 2024

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Trial Court exempts his appearance for valid reasons;

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Petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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Petitioner shall not involve in similar offences in future;

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Petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court till the case registered against him is disposed of.

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Sd/-

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(S.VISHWAJITH SHETTY) JUDGE

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GVP

Sangharsh Alias Sangappa S/O Kushab Kamble v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sangharsh Alias Sangappa S/O Kushab Kamble v. the State of Karnataka

Case brief

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What did the court decide?

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