Allowed

Sri Daresh v. the State of Karnataka and Anr.

Karnataka HC10 Sept 2024CRL.P/201013/2024

Case brief

AI extract

What is this about?

In a bail petition under Cr.P.C. 439 challenging an IPC 120B, 326, 394, 397, 506 FIR, the High Court of Karnataka granted bail by parity with co-accused who received similar relief, noting investigation completion and lack of antecedents.

What did the court decide?

Petitioner enlarged on bail subject to executing personal bond with two sureties, appearing regularly, not tampering with witnesses, avoiding similar offences, and not leaving jurisdiction without per

Sri Daresh Vs the State of Karnataka and Anr. — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC-K:6823 CRL.P No. 201013 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 10^TH DAY OF SEPTEMBER, 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. 201013 OF 2024

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BETWEEN:

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SRI DARESH S/O REVANSIDDA DALWAI AGED ABOUT 21 YEARS OCC: COOLIE, RESIDENT OF INGALESHWAR TQ B. BAGEWADI DIST VIJAYAPUR.

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…PETITIONER

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(BY SRI S.S. MAMADAPUR, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH PSI, KOLHAR POLICE STATION, BY STATE POLICE PROSECUTOR ADVOCATE GENERAL'S OFFICE, HIGH COURT BUILDING, KALABURAGI - 585 103.

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SRI MALLAPPA S/O SHIVAPPA KODACHI AGED ABOUT 29 YEARS OCC: CLERK, RESIDENT OF KASARBOSAGA TQ. JEWARGI DIST KALABURAGI.

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…RESPONDENTS

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(BY SMT. ANITHA M REDDY, HCGP)

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THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO ENLARGE HIM ON BAIL IN KOLHAR POLICE STATION, VIJAYPUR CRIME NO. 29/2024 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 120B, 326, 394, 397 AND 506 IPC ON THE FILE OF THE HONOURABLE ADDL. CIVIL JUDGE AND JMFC COURT,

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2 - NC: 2024:KHC-K:6823 CRL.P No. 201013 of 2024

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BASAVANA BAGEWADI ON SUCH TERMS AND CONDITIONS AS THIS HONOURABLE DEEMS FIT TO IMPOSE UPON HIM IN THE INTEREST OF JUSTICE AND EQUITY.

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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 No.2 in Crime No.29/2024 registered by Kolhar Police Station, Vijayapura, for the offences punishable under Sections 120B, 326, 394, 397 and 506 of IPC, is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.29/2024 was registered by Kolhar Police

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Station, Vijayapura, initially for the offence punishable under Section 394 of IPC, against unknown four persons on the basis of the first information dated 18.05.2024 received from the first informant. During the course of investigation, petitioner herein was arrested on 21.05.2024 and was arraigned as accused No.2 in the remand application. Bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.951/2024

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NC: 2024:KHC-K:6823 CRL.P No. 201013 of 2024

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was dismissed on 24.06.2024. Therefore, he is before this Court.

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Learned counsel for the petitioner submits that allegation against the petitioner and accused Nos.3 to 5 are similar. Accused Nos.3 to 5 have been granted regular bail by this Court in Crl.P.No.200840/2024 c/w Crl.P.No.200792/2024. He submits that investigation in the case is now complete and charge sheet has been filed. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition. She submits that comparatively recovery from the petitioner is higher. She, however, does not dispute that even from accused Nos.3 to 5, there is recovery in the present case.

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Accused Nos.3 to 5 as against whom almost similar allegations are found, have been granted regular bail by this Court in Crl.P.No.200840/2024 c/w Crl.P.No.200792/2024, which was disposed of on 22.07.2024. Thereafter, investigation in the case is completed and charge sheet has been filed. Petitioner, who has no criminal antecedents is in custody from 21.05.2024. Considering the fact that this Court has already

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4 - NC: 2024:KHC-K:6823 CRL.P No. 201013 of 2024

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granted regular bail to accused Nos.3 to 5 as against whom similar allegations are found, I am of the opinion that on the ground of parity, petitioner's prayer for grant of regular bail requires to be answered affirmatively. Accordingly, the following order:-

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The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.29/2024 registered by Kolhar Police Station, Vijayapura, for the offences punishable under Sections 120B, 326, 394, 397 and 506 of IPC, subject to the following conditions:

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a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- 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-K:6823 CRL.P No. 201013 of 2024

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

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e) 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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Sd/(S.VISHWAJITH SHETTY)

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JUDGE

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Sri Daresh v. the State of Karnataka and Anr.

Case brief

What is this about?

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Sri Daresh v. the State of Karnataka and Anr.

Case brief

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