Allowed

Ambaji v. the State through

Karnataka HC13 Aug 2024CRL.P/200921/2024

Case brief

AI extract

What is this about?

The Karnataka High Court allowed an anticipatory bail petition filed by three petitioners accused in Crime No.52/2024. The court directed the police to release them upon arrest subject to conditions including execution of a bond of Rs. 1,00,000 and regular appearance before the Trial Court.

What did the court decide?

The petitioners are directed to be released in the event of arrest in Crime No.52/2024, subject to executing a personal bond for Rs. 1,00,000 each and complying with specified conditions.

Ambaji Vs the State through — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC-K:5961 CRL.P No. 200921 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 13^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200921 OF 2024

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BETWEEN:

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AMBAJI S/O YANKAPPA AGE 19 YEARS OCC: COOLIE.

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RADDAPPA S/O YANKAPPA AGE 25 YEARS OCC: COOLIE.

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AMBAJI S/O YANKAPPA AGE 23 YEARS OCC: COOLIE.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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ALL ARE R/O KHANADAL VILLAGE, TQ AND DIST KALABURAGI - 585 103.

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(BY SRI JAYANANDAYYA, ADV.)

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…PETITIONERS

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AND:

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THE STATE THROUGH FARHATABAD POLICE STATION, TQ AND DIST KALABURAGI, REPRESENTING BY LEARNED ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT KALABURAGI - 585 107.

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…RESPONDENT

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(BY SRI F.M. INAMDAS, HCGP)

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NC: 2024:KHC-K:5961 CRL.P No. 200921 of 2024

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THIS CRL.P IS FILED U/S. 438 OF CR.P.C PRAYING TO ALLOW THE PETITION AND ISSUE DIRECTIONS TO THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.52/2024 OF FARHATABAD POLICE STATION, TQ AND DIST. KALABURAGI, PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND J.M.F.C AT KALABURAGI, FOR THE OFFENCES PUNISHABLE U/SEC. 143, 147,148,323,324,304,504, 506 R/W SEC.149 OF IPC, IN THE INTEREST OF JUSTICE.

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

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

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ORAL ORDER

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

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Accused Nos.2 to 4 in Crime No.52/2024 registered by Ferhatabad Police Station, Kalaburagi, for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 read with Section 149 of IPC, are before this Court under Section 438 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.52/2024 was registered by Ferhatabad Police Station, Kalaburagi, against Yallappa and others for the aforesaid offences on the basis of the first information dated 03.05.2024 received from Appaji, S/o Yallappa Gangeyattinavar. Petitioners were arraigned as accused Nos.2

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NC: 2024:KHC-K:5961 CRL.P No. 200921 of 2024

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to 4 in the FIR. Apprehending arrest in the said case, petitioners had approached the Trial Court in Crl.Misc.No.739/2024, which was rejected on 20.05.2024. Therefore, they are before this Court.

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Learned counsel for the petitioners submits that accused No.1 has been granted regular bail by this Court. The victim has suffered only simple injuries in the incident in question. Petitioners have no criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition.

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The material on record would go to show that in respect of the incident that had taken place on 02.05.2024, the first informant had approached the police on 03.05.2024 and submitted the first information. In the first information, it is alleged that accused No.1 had assaulted the victim, who is the brother of the first informant with hands. Petitioners herein allegedly had assaulted the victim with weapons. Wound Certificate of the victim would reflect that the victim has suffered only simple injures in the incident that had taken place on 02.05.2024. Petitioners, who are aged about 19, 25 and 23

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NC: 2024:KHC-K:5961 CRL.P No. 200921 of 2024

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years respectively, do not have any criminal antecedents. Major portion of the investigation in the case is already completed. Under the circumstances, I am of the opinion that petitioners have made out a case for grant of anticipatory bail. Accordingly, the following order:-

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The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.52/2024 registered by Ferhatabad Police Station, Kalaburagi, for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 read with Section 149 of IPC, subject to the following conditions:

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The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.

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Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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NC: 2024:KHC-K:5961 CRL.P No. 200921 of 2024

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Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.

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The petitioners shall not involve in similar offences in future;

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Sd/-

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(S.VISHWAJITH SHETTY)

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JUDGE

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Ambaji v. the State through

Case brief

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Ambaji v. the State through

Case brief

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