Allowed

Veeresh and Anr. v. the State of Karnataka

Karnataka HC15 Nov 2024CRL.P/201372/2024

Case brief

AI extract

What is this about?

This bail petition was filed for Section 483 of BNSS offences involving assault. The High Court of Karnataka allowed the bail, imposing conditions including a bond execution, residential address reporting, weekly police station attendance, and prohibitions on tampering with witnesses or committing new offences.

What did the court decide?

The petitioners/accused are directed to be released on bail in Crime No. 66/2024, subject to execution of bonds, furnishing address proof, weekly reporting to police, and strict prohibitions on tamper

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

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NC: 2024:KHC-K:8467 CRL.P No. 201372 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 15^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO.201372 OF 2024 (439(Cr.PC)/483(BNSS))

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BETWEEN:

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SRI. VEERESH S/O CHITAK RAMASWAMI AGE: 30 YEARS OCC: LABOUR

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SRI. RAJU GOLI S/O RAMANNA AGE: 32 YEARS OCC: LABOUR BOTH ARE R/O: THIMMAPURPET, TQ&DIST: RAICHUR-584101.

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…PETITIONERS

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Digitally signed by KHAJAAMEEN L MALAGHAN Location: HIGH COURT OF KARNATAKA

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(BY SRI. ARUNKUMAR AMARGUNDAPPA, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH THE PSI, NETAJI NAGAR P.S. DIST: RAICHUR, REP. BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585102.

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…RESPONDENT

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(BY SRI. JAMADAR SHAHABUDDIN, HCGP)

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NC: 2024:KHC-K:8467 CRL.P No. 201372 of 2024

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C (OLD) / UNDER SECTION 483 OF BNSS ACT (NEW) PRAYING TO ALLOW THIS BAIL PETITION AND THEREBY RELEASE THE PETITIONERS ON BAIL IN CRIME NO.66/2024 REGISTERED BY THE RESPONDENT NETAJI NAGAR P.S. RAICHUR DISTRICT, PENDING ON THE FILE OF III ADDL. CIVIL JUDGE (JR. DN.) AND JMFC, RAICHUR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(3), 109 AND 351(3) READ WITH SECTION 190 OF BNS, 2023.

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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 MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioners are seeking regular bail in Crime No.66/2024 registered at Netajinagar Police Station, Raichur for offences punishable under Sections 189(2), 191(3), 109, 351(3) and 190 of the BNS-2023.

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3 - NC: 2024:KHC-K:8467 CRL.P No. 201372 of 2024

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The complainant by name Umesh @ Amit, injured in this case has stated in his complaint that on

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08.10.2024 at about 08.00 p.m. while he was talking over phone near GPT circle, infront of Tulajabhavani Temple, 5- 6 persons came from Dental college side, holding wooden sticks, with an intention to commit his murder and assaulted on his head, right hand and limbs, on account of which he sustained bleeding injuries on his head etc.,

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In the course of investigation, the petitioners came to be arrested on 10.10.2024. On their voluntary statements, wooden sticks, mask etc., were recovered.

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The incident took place on 08.10.2024 at about 08.00 p.m. The complaint was lodged on the next day at about 01.00 p.m., suspecting the role of petitioner No.1 and another by name Veeresh @ Godde Veeresh and 04 other unknown persons. It appears that in view of a quarrel which took place on 12.09.2024 at about 07.00 a.m., the complainant suspected the role of petitioner

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4 - NC: 2024:KHC-K:8467 CRL.P No. 201372 of 2024

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No.1 and others. In the complaint it is clearly stated that the accused persons had covered their face with mask. Hence, complainant could not identify the persons who assaulted him. In view of the previous quarrel, the complainant has suspected that the accused named in the

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FIR and 04 other unknown persons, have assaulted him.

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The prosecution has to establish the case against the petitioners in due course. Based on the voluntary statements of the petitioners and recovery of wood sticks, prosecution is now alleging that they are involved in the commission of the offence.

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It is submitted by learned counsel for the petitioners that injured – complainant has sustained simple injuries and he is already discharged from the hospital. At this stage, it cannot be said that there was any intention on the part of the accused persons to do away with the life of the complainant.

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5 - NC: 2024:KHC-K:8467 CRL.P No. 201372 of 2024

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The petitioners are in judicial custody since

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10.10.2024.

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Considering the facts and circumstances, by imposing stringent conditions, the petitioners can be released on bail. Accordingly, the following;

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O R D E R

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Petition is allowed.

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Petitioners / accused No.1 and 2 are directed to be

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released on bail in Crime No.66/2024 of Netajinagar Police Station, Raichur, subject to following conditions:

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a) They shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each,

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with two sureties for the likesum to the

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satisfaction of the jurisdictional Court.

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b) They shall furnish proof of their residential

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address and shall inform the Investigation Officer / Court, if there is change in the address.

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NC: 2024:KHC-K:8467 CRL.P No. 201372 of 2024

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c) They shall mark their attendance before the

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jurisdictional police station on every Sunday

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between 10.00 a.m. and 01.00 p.m. till conclusion of the investigation.

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d) They shall not tamper with the prosecution witnesses either directly or indirectly.

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e) They shall be regular in attending the Court proceedings.

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f) They shall not indulge themselves in committing

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any offence.

Sd/(MOHAMMAD NAWAZ)

JUDGE

KJJ

List No.: 1 Sl No.: 8 CT:PS

Veeresh and Anr. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Veeresh and Anr. v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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