Allowed

Neelakantrao v. the State of Karnataka

Karnataka HC11 Nov 2024CRL.P/201146/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka granted regular bail to the petitioner, accused No. 4, in a murder and cheating case. The court found the petitioner had no criminal antecedents and allowed release subject to specific conditions including a personal bond and prohibition on tampering with witnesses.

What did the court decide?

Directs the petitioner to be enlarged on bail subject to execution of a personal bond of Rs. 1,00,000 with two sureties, appearing regularly, and not tampering with witnesses.

Neelakantrao Vs the State of Karnataka — Cheque Dishonour | Karnataka HC (2024)

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NC: 2024:KHC-K:8324 CRL.P No. 201146 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 11^TH DAY OF NOVEMBER, 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. 201146 OF 2024

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BETWEEN:

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NEELAKANTRAO S/O MALLIKARJUN POLICE PATIL AGE 61 YEARS, OCCUPATION BUSINESS RESIDENT OF AMAR COMPUTER INSTITUTE, UBNOOR TALUK KALABURAGI FLAT NO. 3, SBI COLONY, OLD JEWARGI ROAD, KALABURAGI CITY DIST KALABURAGI - 586 106.

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…PETITIONER

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(BY SRI SRIHARSHA K DESAI, 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 UNIVERSITY POLICE STATION, REPRESENTED BY THE ADD. S.PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH AT KALABURGI - 585 103.

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…RESPONDENT

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(BY SRI VEERANNAGOWDA MALIPATIL, ADV.)

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THIS CRL.P. IS FILED U/S. 439 OF CR.P.C ( OLD) / U/SEC. 483 OF BNSS ACT (NEW) PRAYING TO ALLOW THE PETITION AND ACCUSED NO.4/ PETITIONER HEREIN MAY KINDLY BE ENLARGED ON REGULAR BAIL IN CONNECTION WITH UNIVERSITY POLICE STATION KALABURAGI CRIME NO. 330 OF 2023 FOR OFFENCES PUNISHABLE UNDER SECTIONS 341, 302, 201, 109, 120(b) R/W SEC. 34 OF IPC

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NC: 2024:KHC-K:8324 CRL.P No. 201146 of 2024

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IN SESSIONS CASE NO. 90 OF 2024 PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE AT KALABURAGI, 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 No.4 in S.C.No.90/2024 pending before the

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Court of I Addl. District and Sessions Judge, Kalaburagi arising out of Crime No.330/2023 registered by University Police Station, Kalaburagi District for the offences punishable under Sections 341, 302, 201, 109, 120(B) R/w 34 of IPC is before this Court seeking regular bail.

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Heard the learned counsel appearing for the

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parties.

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FIR in Crime No.330/2023 was registered by

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University Police Station, Kalaburagi District against six persons initially for the offences punishable under Sections 143, 147, 148, 341, 120B, 302 R/w 149 of IPC, on the basis of first information dated 07.12.2023 received from

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NC: 2024:KHC-K:8324 CRL.P No. 201146 of 2024

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Smt. Nagarathnamma, who is the wife of deceased Veerannagouda Police Patil,. During the course of investigation, the petitioner was arrested and subsequently remanded to judicial custody on 09.12.2023. Investigation in the case is complete and charge sheet has

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been filed against five persons. The petitioner herein is arraigned as accused No.4 and his wife is arraigned as accused No.5 in the charge sheet filed for the aforesaid offences.

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The bail application filed by the petitioner before the jurisdictional Sessions Court in

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Crl.misc.No.1208/2024 was dismissed on 05.08.2024. Therefore, he is before this Court.

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Learned counsel appearing for the petitioner

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submits that allegation against the petitioner is that he had conspired with accused No.1 to commit the murder of deceased. The petitioner is aged about 61 years having no criminal antecedents. Accused No.5 has been granted

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4 - NC: 2024:KHC-K:8324 CRL.P No. 201146 of 2024

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regular bail by this Court in Crl.P.No.200639/2024. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the

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petition.

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A perusal of the charge sheet material would go to show that, accused No.1 and 4 had allegedly conspired to to murder Veerannagouda Police Patil since they had certain dispute between them with regard to landed properties. Accused named in the FIR had earlier assaulted the deceased and therefore, he had sought police protection and also had a licensed revolver.

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As per the charge sheet allegations accused Nos.1 and 4 had conspired to commit the murder of deceased and in furtherance of the same, accused No.1 had contacted accused Nos.2 and 3 and sought their assistance to commit the murder. On 04.12.2023, accused Nos.1 to 3 came to Kalaburagi and took a room in a lodge. On 05.12.2023 and 06.12.2023 accused Nos.1 to 3 were waiting for the deceased near the arch on Udanur-Sai

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5 - NC: 2024:KHC-K:8324 CRL.P No. 201146 of 2024

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mandir road, where the deceased was normally coming and on the said dates they could not find the deceased. On 07.12.2023, accused Nos.2 informed accused No.1 that deceased was coming in his motorcycle from Udanur side towards Sai Mandir road. Accused Nos.1 and 3 who were waiting near Sai mandir had intercepted the motorcycle of the deceased at about 11 a.m, and threw chilly powder on his face. The deceased immediately got down from his bike and ran towards Ganga vihar apartment. Accused Nos.1 and 3 chased deceased and accused No.2 also came

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to the spot and thereafter accused Nos.1 to 3 assaulted Veerannagowda Police Patil with deadly weapons and committed his murder.

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A perusal of charge sheet makes it very clear that allegation of assaulting deceased with deadly weapons is only as against accused Nos.1 to 3. The petitioner herein allegedly had conspired with accused No.1 to commit the murder and after crime was committed, he allegedly had informed his wife accused

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NC: 2024:KHC-K:8324 CRL.P No. 201146 of 2024

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No.5 to hand over sum of Rs.50,000/- to accused No.2 and as per his instruction, accused No.5 had paid a sum of Rs.50,000/- to accused No.2. Accused No.5 has been granted regular bail by this Court in

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Crl.P.No.200639/2024.

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The petitioner aged about 61 years who has no other criminal antecedents is in custody from 09.12.2023. Investigation in the case is complete and charge sheet has been filed. The trial in the case is yet to commence. Accused Nos.1 to 3 have been arrested and they are in judicial custody.

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Considering the aforesaid aspects of the matter and the nature of allegation found in the charge sheet against the petitioner, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively.

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Accordingly, the following:

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7 - NC: 2024:KHC-K:8324 CRL.P No. 201146 of 2024

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ORDER

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The petitioner is directed to be enlarged on bail in S.C.No.90/2024 pending before the Court of I Addl. District and Sessions Judge, Kalaburagi arising out of Crime No.330/2023 registered by University Police Station, Kalaburagi District for the offences punishable under Sections 341, 302, 201, 109, 120(B) R/w 34 of IPC, subject to the following conditions:

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a) 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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NC: 2024:KHC-K:8324 CRL.P No. 201146 of 2024

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d) The petitioner shall not involve in

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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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NMS

Neelakantrao v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Neelakantrao v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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