Allowed

Sagar v. the State of Karnataka

Karnataka HC10 Sept 2024CRL.P/201027/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka granted anticipatory bail to the petitioner accused in a case involving assault and criminal intimidation. The court was satisfied due to the simple injuries caused and the petitioner's clean record, imposing conditions regarding bond, appearance, and non-interference with witnesses.

What did the court decide?

The petition for anticipatory bail is allowed for release in the event of arrest in Crime No. 87/2024, subject to conditions of executing a bond, regular appearance, and non-interference with witnesse

Sagar Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC-K:6826 CRL.P No. 201027 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. 201027 OF 2024

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BETWEEN:

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SAGAR S/O KISHAN RATHOD AGED ABOUT 22 YEARS OCC: AGRICULTURE R/AT VILLAGE RAJOLA THANDA TQ BASAVAKALYAN DIST BDIAR - 585 401.

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…PETITIONER

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(BY SRI SANJAY A PATIL, 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 BASAVKALYAN RURAL POLICE STATION, MANTHALA CIRCLE DIST BIDAR - 585 401 REPRESENTED BY ADDL SPP HIGH COURT OF KARNATAKA KALABURAGI BENCH.

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(BY SMT. ANITHA M REDDY, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S.438 OF CR.P.C (OLD), U/SEC.482 OF BNSS-2023 (NEW), PRAYING TO ALLOW THE PETITION, THEREBY DIRECTING THE RESPONDENT POLICE BASAVAKALYAN RURAL POLICE STATION, DISTRICT BIDAR TO ENLARGE THE PETITIONER/ ACCUSED NO.4 ON BAIL IN THE EVENT OF HIS ARREST IN CONNECTION WITH CRIME NO.87/2024 REGISTERED FOR THE OFFENCES PUNISHABLE U/SECS. 323, 324, 342, 308, 506 R/W 34 OF IPC AS PER FIR, NOW PENDING ON THE FILE SENIOR CIVIL JUDGE AND JMFC COURT BASAVAKALYAN DISTRICT BIDAR, IN THE INTEREST OF JUSTICE AND EQUITY.

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NC: 2024:KHC-K:6826 CRL.P No. 201027 of 2024

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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.4 in Crime No.87/2024 registered by Basava

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Kalyana Rural Police Station, Bidar, for the offences punishable under Sections 506, 34, 308, 323, 324 and 342 of IPC, is 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.87/2024 was registered by Basava Kalyana Rural Police Station, Bidar, against Kishan and others for the aforesaid offences on the basis of the first information dated 03.06.2024 received from Prakash S/o Ram Rathod. Petitioner is arraigned as accused No.4 in the FIR. Apprehending his arrest in the said case, he had filed Crl.Misc.No.5154/2024 before the jurisdictional Sessions Court, which was rejected on 23.07.2024. Therefore, he is before this Court.

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NC: 2024:KHC-K:6826 CRL.P No. 201027 of 2024

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Learned counsel for the petitioner submits that accused Nos.1 to 3, have been granted regular bail by this Court in Crl.P.No.200760/2024 disposed of on 16.07.2024. Undisputedly, the injured victim has suffered only simple injuries in the incident in question. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition on the ground that there are allegations as against the petitioner about assaulting the injured with a rod. Accordingly, she prays to dismiss the petition.

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A perusal of the material on record would go to show that first informant was earlier working with accused No.1 for a period of five to six years and accused No.1 was allegedly due to pay him certain amounts. On 02.06.2024, accused No.2 allegedly informed the first informant that he would make arrangements for payment of dues for the work that he had done. Accordingly, first informant had gone to collect the said amount from accused Nos.1 and 2. Accused persons named in the FIR allegedly took the first informant along with them in a car and thereafter, assaulted him. In the incident in question,

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4 - NC: 2024:KHC-K:6826 CRL.P No. 201027 of 2024

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first informant has suffered only simple injuries. Undisputedly, petitioner has no criminal antecedents. Accused Nos.1 to 3 as against whom similar allegations are found have been granted regular bail by this Court in Crl.P.No.200760/2024 disposed of on 16.07.2024. Considering the background in which the incident in question had taken place and also the fact that the first informant has suffered only simple injuries in the incident in question, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail requires to be answered affirmatively. 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 petitioner in the event of his arrest in Crime No.87/2024 registered by Basava Kalyana Rural Police Station, Bidar, for the offences punishable under Sections 506, 34, 308, 323, 324 and 342 of IPC, subject to the following conditions:

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The Petitioner 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/- with two

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NC: 2024:KHC-K:6826 CRL.P No. 201027 of 2024

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sureties for the likesum to the satisfaction of the investigating officer.

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

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

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The petitioner 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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Sagar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sagar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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