Allowed

Dushyant G N v. State of Karnataka

Karnataka HC9 Dec 2024CRL.P/12334/2024

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner (accused no. 3) in a case involving attempted murder and abetment, noting the completion of investigation, filing of the charge sheet, and the fact that the alleged victim sustained no injuries. The petitioner was ordered to be enlarged on bail subject to standard conditions.

What did the court decide?

Petitioner enlarged on bail for Crime No.316/2024 subject to personal bond of Rs. 1,00,000/- with two sureties, appearance at hearings, and non-interference with witnesses.

Dushyant G N Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:50606 CRL.P No. 12334 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 12334 OF 2024

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BETWEEN:

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DUSHYANT G.N. AGED ABOUT 21 YEARS, S/O NARASHIMAMURTHY, SINGONAHALLI, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572 216.

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…PETITIONER (BY SRI. HARISH G., ADVOCATE) AND:

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Digitally signed by REKHA R Location: High Court of Karnataka

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STATE OF KARNATAKA BY GUBBI POLICE, GUBBI TALUK, TUMKUR DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 560 001

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…RESPONDENT

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(BY SRI. RAHUL RAI K., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. (FILED UNDER SECTION 483 BNSS) PRAYING TO GRANT REGULAR BAIL IN FAVOUR OF THE ABOVE PETITIONER IN CR.NO.0316/2024, C.C.NO.1678/2024 REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 61(2), 238, 109 AND 3(5) OF BNS BY ALLOWING THE SAME.

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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:50606 CRL.P No. 12334 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.3 in Crime No.316/2024 registered by Gubbi Police Station, Tumakuru, for the offences punishable under Sections 61(2), 109, 238, 3(5) of BNS 2023, is before this Court under Section 483 of BNSS Act 2023, seeking regular bail.

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Heard the learned counsel for the parties.

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FIR in crime No.316/2024 was registered by

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Gubbi Police Station, Tumakuru, initially for the offences punishable under Sections 61(1), 109, 3(5) of BNS 2023, against unknown persons, on the basis of the first information dated 21.08.2024 received from Manoj Kumar G N. During the course of investigation of the case petitioner herein was arrested on 23.08.2024 and subsequently remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against three persons for the aforesaid offences.

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NC: 2024:KHC:50606 CRL.P No. 12334 of 2024

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Bail application filed by the petitioner before the

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Jurisdictional Sessions Court in Crl.Misc.No.1683/2024 was rejected on 08.11.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner having reiterated grounds urged in the petition prays to allow the petition.

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Per contra, learned HCGP has opposed the bail petition and prays to dismiss the petition.

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In the first information dated 21.08.2024 it is stated that first informant's father Narasimamurthy was murdered on 15.06.2022 by Kiran and others and a criminal case was registered in this regard by Gubbi Police Station, Tumakuru and the said case is pending before the Jurisdictional Court. On 21.08.2024 when the first informant was riding his two wheeler bearing Reg.No.KA06-HB-2469, a Mahindra Scorpio car bearing Reg.No.KA35-MA-3447, all of sudden dashed against the two wheeler of the first informant, and first informant who jumped from the two wheeler, ran way from the spot and the

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4 - NC: 2024:KHC:50606 CRL.P No. 12334 of 2024

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persons in the Scorpio car allegedly followed him and first informant ran towards the house of his brother Anand and escaped. During the course of investigation, three persons were arrested by the police and after completion of investigation, charge sheet has been filed against the three persons and the petitioner herein is arrayed as accused No.3 in the charge sheet. In the charge sheet it is alleged that accused Nos.1 to 3 named in the charge sheet and another Juvenile accused had tried to commit the murder of first informant on 21.08.2024 by dashing the Scorpio car bearing Reg.No.35-MA-3447 against the two wheeler in which first informant was riding on the said date.

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Undisputedly, the first informant has not suffered any injury in the incident that had taken place on 21.08.2024. The petitioner who has no other criminal antecedents is in custody from 23.08.2024. Investigation of the case is completed and charge sheet has been filed. Under the circumstances, I am of the opinion that

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5 - NC: 2024:KHC:50606 CRL.P No. 12334 of 2024

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petitioner’s prayer for grant of regular bail needs to be answered affirmatively.

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9. Accordingly, the following.

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O R D E R

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in Crime No.316/2024 registered by Gubbi Police Station, Tumakuru, for the offences punishable under Sections 61(2), 109, 238, 3(5) of BNS, 2023, subject to the following conditions:

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a) Petitioner shall execute 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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NC: 2024:KHC:50606 CRL.P No. 12334 of 2024

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d) The petitioner shall not involve in similar offences in future;

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SD/(S VISHWAJITH SHETTY)

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JUDGE

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ASN

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List No.: 1 Sl No.: 60

Dushyant G N v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Dushyant G N v. State of Karnataka

Case brief

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What did the court decide?

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