Allowed

Sriramappa v. State by Srinivasapura Police Station

Karnataka HC29 Jan 2024CRL.P/492/2024

Case brief

AI extract

What is this about?

Karnataka High Court allowed a criminal petition for anticipatory bail filed by accused persons charged with offences under Sections 295A and 297 IPC read with Section 34 for alleged desecration of a grave. Bail was granted subject to stringent conditions, noting a delay of 8 days in the complaint and lack of specific purpose in the charge sheet.

What did the court decide?

Petition allowed; petitioners directed to execute personal bond of Rs. 50,000/- each with surety, surrender within 15 days, not indulge in similar offences, not tamper with witnesses, and appear as ca

Sriramappa Vs State by Srinivasapura Police Station — Caste Atrocities | Karnataka HC (2024)

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NC: 2024:KHC:3754 CRL.P No. 492 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN

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CRIMINAL PETITION NO. 492 OF 2024

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BETWEEN:

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SRIRAMAPPA

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S/O NARAYANAPPA, AGED ABOUT 60 YEARS, R/AT AMBEDKAR COLONY, AVANI, MULBAGAL TALUK, KOLAR DISTRICT - 563 127.

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NARAYANASWAMY

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S/O. VENKATESHAPPA, AGED ABOUT 65 YEARS, R/AT JAGAJEEVANAPALYA, SRINIVASAPURA TOWN, KOLAR DISTRICT - 563 135.

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…PETITIONERS

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(BY SRI. S.G.RAJENDRA REDDY, ADVOCATE)

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Digitally signed by BHAVANI BAI G Location: High Court of Karnataka

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AND:

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STATE BY SRINIVASAPURA POLICE STATION KOLAR DISTRICT - 563 135. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU - 560 001.

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…RESPONDENT (BY SRI. VENKAT SATYANARAYANA A., HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.395/2023 OF SRINIVASAPURA P.S., KOLAR DISTRICT FOR THE OFFENCE P/U/S 295A, 297 R/W 34 OF IPC PENDING ON THE FILE OF THE

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NC: 2024:KHC:3754 CRL.P No. 492 of 2024

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PRL.CIVIL JUDGE (JR.DN) AND J.M.F.C COURT SRINIVASAPURA KOLAR DISTRICT.

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

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ORDER

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This petition is filed by the petitioners-accused Nos.1 and 2 under Section 438 of Cr.P.C. for granting bail in Crime No.395/2023 registered by the Srinivasapura Police Station, Kolar District for the offence punishable under Sections 295A, 297 read with Section 34 of IPC.

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Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.

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The case of the prosecution is that the complainant-

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Shesh Babu filed a complaint to the Police on 27.11.2023 alleging that he is working as a Security guard of the grave yard. On 19.11.2023, when he was patrolling the grave yard, he found one grave was dug and the said grave was belong to one girl by name Ayesha Anjum, aged about 3 years. On enquiry, he came to know that these petitioners would have dug the grave for some purpose. After registering the FIR, the

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NC: 2024:KHC:3754 CRL.P No. 492 of 2024

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Police are making hectic efforts to arrest these petitioners. Their bail petition came to be rejected by the Sessions Judge, Hence, they are before this Court.

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Having heard the arguments, on perusal of the records, and looking to the facts and circumstances of the case, the purpose of digging the grave is not forthcoming in the complaint made by the complainant. He has stated what reason known to him and there is a delay of 8 days in lodging the complaint. The petitioners may not require for the investigation. At this stage, the Court cannot jump into the conclusion as the petitioners have committed the offence under Sections 297 and 295A of IPC.

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Therefore, I am of the view, by imposing some

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stringent conditions, if bail is granted, no prejudice would be caused to the prosecution case.

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Accordingly, the petition is allowed .

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The respondent – Police are directed to release the

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petitioners/accused Nos.1 and 2 on bail in the event of their arrest for the offences punishable under Sections 295A and 297 read with Section 34 of IPC registered by the respondent –

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NC: 2024:KHC:3754 CRL.P No. 492 of 2024

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Police in Crime No.395/2023, subject to the following conditions:

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(i) Petitioners shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Lakh only) each with a surety for the likesum to the satisfaction of the Investigating Officer;

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(ii) They shall surrender within 15 days from the date of receipt of the certified copy of the order;

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(iii) They shall not indulge in similar offences strictly;

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(iv) They shall not tamper with the prosecution witnesses directly/ indirectly;

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(v) They shall appear before the Investigating Officer as and when called for the purpose of investigation.

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Sd/JUDGE

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GBB List No.: 3 Sl No.: 6 CT:SK

Sriramappa v. State by Srinivasapura Police Station

Case brief

What is this about?

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Sriramappa v. State by Srinivasapura Police Station

Case brief

What is this about?

What did the court decide?

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