Allowed

Ramesh Naika N T v. State of Karnataka

Karnataka HC26 Jun 2024CRL.P/5720/2024

Case brief

AI extract

What is this about?

Petitioners, accused in a group assault FIR with counter-case and injuries of lacerated wounds, sought anticipatory bail; co-accused already granted bail by Sessions Court. Court granted anticipatory bail subject to bond, sureties and appearance conditions.

What did the court decide?

Anticipatory bail granted on furnishing Rs.2,00,000 bond with two sureties; petitioners to appear before IO within 15 days.

Ramesh Naika N T Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2024)

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1 - NC: 2024:KHC:23630 CRL.P No. 5720 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 5720 OF 2024

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BETWEEN:

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RAMESH NAIKA N.T. S/O THIMLA NAIKA AGED ABOUT 35 YEARS

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SHESHAGIRI NAIKA S/O THIMMA NAIKA AGED ABOUT 55 YEARS

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PETITIONER NO.1 & 2 ARE R/O NAGENAHALLI VILLAGE AMRUTHAPURA HOBLI, TARIKERE TALUK CHIKKAMAGALURU - 577 228

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Digitally signed by BHARATHI S Location: high court of karnataka

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(BY SRI. PAVAN KUMAR .G., ADVOCATE)

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AND:

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…PETITIONERS

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STATE OF KARNATAKA BY TARIKERE TOWN P.S., REP BY SPP, HIGH COURT BUILDING BENGALURU - 560 001

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…RESPONDENT

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(BY SMT. K.P. YASHODHA, HCGP)

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THIS CRL.P IS FILED U/S 438 CR.PC PRAYING TO GRANT ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE TO RELEASE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.110/2024 OF TARIKERE TOWN P.S. ON THE FILE OF SENIOR CIVIL JUDGE AND PRL. JMFC TARIKERE, CHICKMAGALUR FOR THE OFFENCE P/U/S 143, 144, 148, 324, 307, 149 OF IPC.

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC:23630 CRL.P No. 5720 of 2024

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ORDER

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The petitioner-accused Nos. 1 and 3 are before this Court seeking grant of anticipatory bail in Crime No. 110/2024 of Tarikere, Chikkmagaluru, Police Station, pending on the file of the learned Senior Civil Judge and Principal JMFC, Tarikere, Chikkamagaluru, registered for the offences punishable under Sections 143, 144, 148, 324, 307, 149 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Mohan Kumar.

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Heard Sri. Pavan Kumar G, learned counsel for the petitioners and Smt. K.P. Yashodha, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioners are entitled for grant of bail under Section 438 of Cr.P.C.?”

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NC: 2024:KHC:23630 CRL.P No. 5720 of 2024

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My answer to the above point is in ‘Affirmative’ for the following:

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R E A S O N S

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The petitioners being accused Nos. 1 and 3 are seeking grant of anticipatory bail on the apprehension of being arrested. The FIR came to be registered against accused Nos. 1 to 7 for having committed the offence as stated above. It is relevant to note that a counter complaint in Crime No. 112/2024 was registered on the basis of first information lodged by accused No.3. As per the medical records, the injured had sustained two lacerated wounds i.e., one over left eye and the other on the occipital area. The injured is already discharged from the hospital.

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It is brought to the notice of the Court that accused Nos.2 and 4 to 7 were granted anticipatory bail by the learned Sessions Judge, Chikkamagaluru as per Order dated 12.06.2024 passed in Crl.Misc.No.317/2024. Taking into considerations the nature of injury and the fact that the other co-accused were already granted anticipatory bail and since, there is case and counter case registered against one another, I

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4 - NC: 2024:KHC:23630 CRL.P No. 5720 of 2024

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am of the opinion that the petitioners may also be granted anticipatory bail subject to conditions, which will take care of the interest of the prosecution.

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Accordingly, I answer the above point in the affirmative and proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioners are ordered to be enlarged on bail in the event of their arrest in Crime No. 110/2024 of Tarikere, Chikkmagaluru Police Station.

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The petitioners are directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on their appearance, the Investigating Officer shall enlarge them on bail subject to the following conditions:-

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a. The petitioners shall furnish the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer;

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b. The petitioners shall not commit similar offences;

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5 - NC: 2024:KHC:23630 CRL.P No. 5720 of 2024

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c. The petitioners shall appear before the Investigating Officer or the court as and when required; and

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d. The petitioners shall not threaten or tamper the prosecution witnesses.

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On furnishing the sureties by the petitioners, the

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Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable time

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Sd/JUDGE

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SPV

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List No.: 1 Sl No.: 40

Ramesh Naika N T v. State of Karnataka

Case brief

What is this about?

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Ramesh Naika N T v. State of Karnataka

Case brief

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