Allowed

Akash v. the State of Karnataka by Janwad Police

Karnataka HC28 Nov 2024CRL.P/201368/2024

Case brief

AI extract

What is this about?

The High Court granted regular bail to the petitioner, an accused in a murder case under Sections 302/307 IPC, noting the investigation was complete, the charge sheet filed, and co-accused already released on bail. The petitioner, a student with no criminal antecedents, was directed to execute a bond with sureties.

What did the court decide?

Petitioner enlarged on bail subject to personal bond of Rs.1,00,000 with two sureties, regular court appearance, and no witness tampering.

Akash Vs the State of Karnataka by Janwad… — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-K:9052 CRL.P No. 201368 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 28^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. 201368 OF 2024

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BETWEEN:

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AKASH S/O VENKATRAO GIRIMAJI AGED 25 YEARS OCCUPATION STUDENT RESIDENT AT HONNIKERI VILLAGE TALUK AND DISTRICT BIDAR - 585 402.

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…PETITIONER

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(BY SRI SHAIKH SAOUD, ADV.)

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AND:

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THE STATE OF KARNATAKA BY JANWAD POLICE, STATION DIST. BIDAR REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA KALABURAI - 585 103.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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…RESPONDENT

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(BY SMT. ANITA M REDDY, HCGP)

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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 ALLOWED AND THE PETITIONER MAY BE ENLARGED ON BAIL IN S.C NO. 37/2024 ARISING OUT OF CRIME NO. 145/2023 U/S. 302, 307, 201, 109, 114, 120-B, R/W 149 OF IPC OF JANWAD POLICE STATION BIDAR DISTRICT PENDING ON THE FILE OF PRL. DISTRICT AND SESSION JUDGE BIDAR, 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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NC: 2024:KHC-K:9052 CRL.P No. 201368 of 2024

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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 S.C.No.37/2024 pending before the Court of Principal District & Sessions Judge, Bidar, arising out of Crime No.145/2023 registered by Janwada Police Station, Bidar District for the offences punishable under Sections 302, 201, 307, 109, 114, 120B R/w 149 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.145/2023 was registered by Janwada Police Station, Bidar District against unknown person on the basis of first information dated 12.11.2023 received from Smt. Chaitra, who is now arraigned accused No.5 in the charge sheet. During the course of investigation, the petitioner was arrested and remanded to judicial custody on 30.12.2023. Investigation in the case is complete and charge sheet has been filed against five

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3 - NC: 2024:KHC-K:9052 CRL.P No. 201368 of 2024

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persons. The petitioner herein is arraigned as accused

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No.2 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 Crl.Mis.No.350/2024 was dismissed on 09.07.2024. Therefore, he is before this Court.

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Learned counsel appearing for the petitioner

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submits that the petitioner is a student. He has no criminal antecedents. The entire case of the prosecution is based on circumstantial evidence. Except the petitioner other accused have enlarged on bail. Accordingly, he prays to allow the petition.

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Per contra, learned HCGP has opposed the petition. She submits that the allegation of assaulting deceased Amith on his head with a iron pipe is against the petitioner herein. No such allegation is found against other accused persons. Accordingly, she prays to dismiss the petition.

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4 - NC: 2024:KHC-K:9052 CRL.P No. 201368 of 2024

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FIR in the present case has been registered against unknown person. During the course of investigation of the case, the petitioner herein was arrested on 30.12.2023. As per charge sheet allegation, accused No.1 had illicit relationship with accused No.5 and therefore they had conspired to commit the murder of Amith, who was the husband of accused No.5. In furtherance of such conspiracy, accused No.1 had contacted accused Nos.2 and 3 and he had promised to secure a job to accused No.2 in the event Amith is murdered. On 11.11.2023 accused Nos.2 and 3 intercepted the motorbike of the deceased and accused No.2 had assaulted on the head of the deceased with iron pipe and committed his murder.

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The entire case of the prosecution is based on circumstantial evidence. The petitioner who is aged about 25 years is a student and he is in custody from 30.12.2023. Investigation of the case is complete and charge sheet has been filed. Accused Nos.1 & 3 have been

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5 - NC: 2024:KHC-K:9052 CRL.P No. 201368 of 2024

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granted regular bail by this Court in Crl.P.No.200845/2024 and Crl.P.No.201011/2024 respectively. Under these circumstances, 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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9. Accordingly, the following:

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ORDER

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The petitioner is directed to be enlarged on bail in S.C.No.37/2024 pending before the Court of Principal

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District & Sessions Judge, Bidar, arising out of Crime No.145/2023 registered by Janwada Police Station, Bidar District for the offences punishable under Sections 302, 201, 307, 109, 114, 120B R/w 149 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

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NC: 2024:KHC-K:9052 CRL.P No. 201368 of 2024

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

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Sd/(S VISHWAJITH SHETTY) JUDGE

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NMS

Akash v. the State of Karnataka by Janwad Police

Case brief

What is this about?

What did the court decide?

Akash v. the State of Karnataka by Janwad Police

Case brief

What is this about?

What did the court decide?

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