Allowed

Basavaraj v. the State of Karnataka

Karnataka HC18 Jun 2024CRL.P/201768/2023

Case brief

AI extract

What is this about?

This criminal petition for regular bail was filed by an accused charged with murder. The High Court allowed the petition and enlarged the petitioner on bail subject to standard conditions, noting the lack of direct accusation against him and the prolonged custody.

What did the court decide?

Petitioner enlarged on bail in Crime No.167/2022 for offences under Sections 302, 114 & 506 r/w Section 34 of IPC subject to conditions of personal bond, preventing witness tampering, and appearing on

Basavaraj Vs the State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC-K:3955 CRL.P No. 201768 of 2023

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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

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DATED THIS THE 18^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

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CRIMINAL PETITION NO. 201768 OF 2023

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BETWEEN:

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BASAVARAJ S/O NINGAPPA TELAGINAMANI AGED ABOUT 61 YEARS OCCUPATION: AGRICULTURE, RESIDENT OF: KACHAPUR VILLAGE TQ SHORAPUR, DISTRICT YADAGIR-585220.

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…PETITIONER (BY SRI. MAHADEV S. PATIL, ADVOCATE FOR SRI. SURESH CHANDRASHEKAR TENGLI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA THROUGH KEMBHAVI POLICE STATION TQ. SHORAPUR, DIST: YADAGIR (REPRESENTED BY LEARNED ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT KALABURAGI-585105)

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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…RESPONDENT

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(BY SRI. INAMDAR, HCGP)

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THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO ALLOW THE PETITION AND THEREBY KINDLY RELEASE THE PETITIONER ON REGULAR BAIL IN CRIME NO.167/2022 OF KEMBHAVI P.S. DIST. YADAGIRI, PENDING ON THE FILE OF DIST. SESSIONS JUDGE AT YADGIRI IN S.C.NO.23/2023, FOR THE OFFENCES PUNISHABLE UNDER SECTION 302, 114 AND 506 R/W SECTION 34 OF I.P.C. IN THE INTEREST OF JUSTICE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC-K:3955 CRL.P No. 201768 of 2023

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ORDER

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The petitioner, accused No. 3, has been charge-sheeted for offenses punishable under Sections 302 and 114 read with Section 34 of the IPC.

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The prosecution's case is that on December 1, 2022, at approximately 3.00 p.m., when Nadagouda and Basamma were conversing at the alleged scene of the crime, accused Nos. 1, 2, and 3, acting with common intention and allegedly instigated by accused No. 3, committed the following acts: accused No. 1 assaulted Nadagouda with an axe, striking his cheek; accused No. 2 assaulted Nadagouda with a stone, inflicting grievous injuries on his left cheek, the area above his left eye, and his head, leading to his immediate death. Subsequently, accused No. 1 pushed his wife, Basamma, to the ground, and both accused Nos. 1 and 2 together bludgeoned Basamma to death. The alleged incident was purportedly witnessed by CWs. 9 and 10, who later informed CWs. 1, 11, 14, and 15.

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The learned counsel for the complainant vehemently contends that the allegation of instigation against accused No. 3 is serious, and if accused No. 3 is released on bail, he is likely to tamper with the eyewitnesses.

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The petitioner, accused No. 3, has been in judicial custody since December 1, 2022, and as of today, the trial has not commenced. The only allegation against accused No. 3 is that of instigation; there is no accusation that he physically assaulted the

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NC: 2024:KHC-K:3955 CRL.P No. 201768 of 2023

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victims. If accused No. 3 is not released on bail, the prolonged pretrial detention will be an affront to the concept of liberty as enshrined in Article 21 of the Constitution of India. Hence, accused No. 3 has made out a prima facie case for being granted bail.. Accordingly, I pass the following:

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ORDER

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i) Criminal petition is allowed.

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ii) The petitioner - accused No.3 shall be enlarged on bail in Crime No.167/2022 in SC No.23/2023 pending on the file of the learned District and Sessions Judge, Yadgiri for the offences punishable under Sections 302, 114 & 506 read with Section 34 of IPC subject to following conditions:

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a) Petitioner shall execute personal bond in 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) He shall furnish proof of his residential address and shall inform the Court, if there is any change in the address.

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c) He shall not tamper with the prosecution evidence / witnesses either directly or indirectly.

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d) He shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions

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Judge.

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e) He shall not involve any criminal activities.

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NC: 2024:KHC-K:3955 CRL.P No. 201768 of 2023

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f) He shall appear before the Trial Court on all dates of hearing without fail unless exempted for any

genuine reasons.

Sd/-

JUDGE

bkm

Basavaraj v. the State of Karnataka

Case brief

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Basavaraj v. the State of Karnataka

Case brief

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