Complainant sought cancellation of anticipatory bail granted to accused in a case of rioting and attempt to murder. The court found no compelling reason, noting cooperation with investigation, near-completed investigation, and a well-reasoned bail order. Petitions dismissed.
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NC: 2024:KHC:22328 CRL.P No. 2181 of 2024 C/W CRL.P No. 2180 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JUNE, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 2181 OF 2024
C/W
CRIMINAL PETITION NO. 2180 OF 2024
IN CRL.P NO. 2181/2024
BETWEEN:
LAKSHMANA S/O DEVARA THIMMAIAH, AGED ABOUT 40 YEARS, R/AT MALLANAYAKANAHALLI VILLAGE, YADIYUR HOBLI, KUNIGAL TALUK, TUMKURU - 572 142.
…PETITIONER
(BY SRI. DINESHKUMAR RAO K, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1; SRI. RAVI KUMAR B.R, ADVOCATE FOR R2 TO R6)
THIS CRL.P IS FILED U/S 439(2) OF CR.PC PRAYING TO CANCEL THE BAIL GRANTED TO RESPONDENT NO.2 TO 6 BY ORDER DATED 09.02.2024 PASSED BY II ADDL. DISTRICT AND SESSIONS JUDGE, TUMKURU IN CRL.MISC.NO.214/2024, IN (CRIME NO.7/2024 OF AMURTHURU POLICE STATION) TUMKURU, REGISTERED FOR OFFENCE P/U/S 143, 147, 148, 323, 324, 354, 307, 504, 506 R/W 149 OF IPC.
IN CRL.P NO. 2180/2024
BETWEEN:
LAKSHMANA
S/O DEVARA THIMMAIAH, AGED ABOUT 40 YEARS, R/AT MALLANAYAKANHALLI VILLAGE, YADIYUR HOBLI, KUNIGAL TALUK, TUMKURU - 572 142.
…PETITIONER
(BY SRI. DINESHKUMAR RAO K, ADVOCATE)
AND:
S/O MAYANNA, AGED ABOUT 46 YEARS, R/AT MALLANAIKANHALLI VILLAGE, YADIYUR HOBLI, KUNIGAL TALUK TUMKURU - 572 142.
S/O SIDDALINGAIAH, AGED ABOUT 32 YEARS, R/AT MALLANAIKANHALLI VILLAGE, YADIYUR HOBLI, KUNIGAL TALUK TUMKURU - 572 142.
R/AT MALLANAIKANHALLI VILLAGE, YADIYUR HOBLI, KUNIGAL TALUK TUMKURU - 572 142.
…RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1; SRI. RAVI KUMAR B.R, ADVOCATE FOR R2 TO R15)
THIS CRL.P IS FILED U/S.439(2) OF CR.P.C PRAYING TO CANCEL THE BAIL GRANTED TO RESPONDENT NO.2 TO 15 BY ORDER DATED 08.02.2024 PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU IN CRL.MISC.NO.218/2024 IN (CR.NO.7/2024 OF AMUTHURU POLICE STATION, TUMAKURU REGISTERED FOR THE OFFENCE P/U/S 143, 147, 148, 323, 324, 354, 307, 504, 506 R/W SEC.149 OF IPC.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court seeking cancellation of bail granted to respondents No. 2 to 6 under Section 439 (2) of Cr.P.C., in Crime No. 7/2024 of Amruthuru Police Station, pending on the file of the learned II Addl. District and Sessions Judge, Tumakuru, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 307, 504, 506 read with Section 149 of the Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informantSri. Lakshmana.
“Whether the petitioner has made out any ground for cancellation of bail granted in
favour of respondents under Section 439(2) of Cr.P.C.?”
My answer to the above point is in ‘negative’ for the following:
R E A S O N S
Investigating Officer in compliance of the conditions imposed and there is no allegation of violation of any of the conditions imposed in the bail order. Therefore, the petitions are to be dismissed.
recalling the order granting anticipatory bail. Hence, I do not find any compelling reason to entertain the petitions.
negative and proceed to pass the following:
ORDER
The petitions are dismissed.
Sd/JUDGE
JS List No.: 1 Sl No.: 2 CT: BHK
1 issue framed by the court
Whether the petitioner made out grounds for cancellation of anticipatory bail granted under Section 439(2) Cr.P.C.?
2 provisions across 2 enactments
Lakshmana S/o Devara Thimmaiah
The State by Amruthur Police Station, Tumkur
Shreenivasamurthy S/o Puttaswamaiah
Nagaraju M.L. S/o Lakkanna
Vinodkumar H.K. S/o Kumar H.R
Rajendra S/o Kempegowda
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
