Allowed

Shekar @ Dori v. the State of Karnataka

Karnataka HC19 Nov 2024CRL.P/11503/2024

Case brief

AI extract

What is this about?

Accused No.4 in a murder conspiracy case sought regular bail after the Sessions Court rejected his application. Since similarly implicated accused Nos.5 and 6 had already been granted bail by the High Court and he was not present at the spot, bail was granted on the ground of parity.

What did the court decide?

Petitioner enlarged on bail on Rs.1,00,000 personal bond with two sureties, subject to conditions on attendance, non-tampering, and travel restrictions.

Shekar @ Dori Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:46651 CRL.P No. 11503 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 11503 OF 2024

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BETWEEN:

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SHEKAR @ DORI, S/O LATE MANI, AGED ABOUT 50 YEARS, R/AT 7, 1ST MAIN ROAD, NEAR DODDAMMA CHIKKAMMA TEMPLE, JOLLY MOHALL, COTTONPETE, BANGALORE CITY - 560 053.

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Digitally signed by MAMATHA R

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Location: High Court of Karnataka

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(BY SRI. CHANDRAPPA K.N., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY COTTONPETE POLICE STATION, BANGALORE CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT BANGALORE - 560 001.

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…PETITIONER

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…RESPONDENT

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(BY SRI. RAHUL RAI K., HCGP)

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL UNDER SEC.439 CRPC IN CR.NO.42/2024 S.C.NO.812/2024 AT COTTONPETE POLICE STATION OFFENCE U/S.143, 120-B, 302 R/W SEC.149 OF IPC PENDING ON THE FILE OF THE LXVII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU (CCH-68) IN THE ABOVE CASE.

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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:46651 CRL.P No. 11503 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.4 in S.C.No.812/2024 pending before the Court of LXVII Additional City Civil and Sessions Judge, Bengaluru (CCH-68), arising out of Crime No.42/2024 registered by Cottonpet Police Station for offences punishable under Sections 143, 120B, 302 read with 149 of IPC is before this Court under Section 439 of Cr.P.C., seeking regular bail.

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Heard the learned counsel for the parties.

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F.I.R. in Crime No.42/2024 was registered by

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Cottonpet Police Station, Bengaluru initially for offences punishable under Section 302 read with 34 of IPC against Steefan and others. During the course of investigation of the case, petitioner herein was arrested on 09.03.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against six persons and petitioner is arraigned as accused No.4 in the charge sheet. Bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.7243/2024 was rejected on 14.08.2024. Therefore, he is before this Court.

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NC: 2024:KHC:46651 CRL.P No. 11503 of 2024

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Learned counsel for the petitioner submits that allegations against accused Nos.5, 6 and the petitioner are similar. Accused Nos.5 and 6 have been granted bail by this Court in Crl.P.No.8781/2024. Undisputedly accused Nos.4 to 6 were not present at the spot on the date of incident. Accordingly, prays to allow the petition.

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Per contra, learned HCGP who has opposed the bail petition submits that another case is registered against the petitioner in Crime No.57/2019 by Cottonpet Police Station, Bengaluru for offences punishable under Sections 399 and 402 of IPC.

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In reply learned counsel appearing for the petitioner

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submits that in the said case, petitioner has already been acquitted.

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Perusal of the material available on record would go to show that accused Nos.2 and 3 who had ill-will against the deceased Shiva, who was a rowdy sheeter had contacted accused No.1 seeking his help to eliminate Shiva. Accused No.1 who was in jail in a criminal case registered against him, after his release on bail conspired with accused Nos.2 and 3

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4 - NC: 2024:KHC:46651 CRL.P No. 11503 of 2024

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and other accused persons to commit murder of Shiva and in furtherance of such conspiracy on 08.03.2024 accused Nos.1 to 3 has assaulted Shiva at about 9.30 pm and committed his murder. Allegation against accused Nos.4 to 6 is that they had conspired with other accused to commit murder of Shiva and they also had given the whereabouts of Shiva to accused Nos.1 to 3, who committed his murder on 08.03.2024. Accused Nos.5 and 6 have been granted regular bail by this Court in Crl.P.No.8781/2024. Allegations against the petitioner and accused Nos.5 and 6 in the charge sheet are almost similar. Petitioner is in custody from 09.03.2024 onwards. Accused Nos.1 to 3 have been arrested in the present case and they are in judicial custody. Considering the aforesaid aspects of the matter, I am of the view that without expressing any opinion on the merits and demerits of the case, petitioner's prayer for grant of regular bail is required to be answered affirmatively on the ground of parity. Accordingly, I pass the following:

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in S.C.No.812/2024 pending before the Court of LXVII Additional

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NC: 2024:KHC:46651 CRL.P No. 11503 of 2024

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City Civil and Sessions Judge, Bengaluru (CCH-68), arising out of Crime No.42/2024 registered by Cottonpet Police Station for offences punishable under Sections 143, 120B, 302 read with 149 of IPC, subject to the following conditions:

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a) The 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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b) 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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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) 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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e) The petitioner shall not involve in similar offences in future.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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GPG List No.: 1 Sl No.: 50 CT: BHK

Shekar @ Dori v. the State of Karnataka

Case brief

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Shekar @ Dori v. the State of Karnataka

Case brief

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