Allowed

Girish @ Kunigalgiri v. State by Karnataka

Karnataka HC8 Jan 2024CRL.P/6007/2023

Case brief

AI extract

What is this about?

Successive bail application under Section 439 Cr.P.C. by an accused in a murder case who was in custody over three years without commencement of trial and suffers psychiatric illness. The High Court allowed bail despite his history of criminal cases, noting acquittals in most and non-participation in the murder itself, subject to stringent conditions including monthly police attendance.

What did the court decide?

Petitioner/accused No.4 released on bail in SC No.506/2021 (Cr.No.270/2020) on personal bond of Rs.5,00,000 with two sureties, subject to stringent conditions.

Girish @ Kunigalgiri Vs State by Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:770 CRL.P No. 6007 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JANUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE K.NATARAJAN CRIMINAL PETITION NO. 6007 OF 2023

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BETWEEN:

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GIRISH @ KUNIGALGIRI @ MODURU GIRI @ ASHWATH GOWDA, S/O VEERANNA GOWDA, AGED ABOUT 34 YEARS, # HOSUR VILLAGE, MODURU POST, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 130.

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…PETITIONER

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(BY SRI. TIGADI VEERANNA GADIGEPPA., ADVOCATE)

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AND:

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Digitally signed by USHA N S Location: High Court of Karnataka

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STATE BY KARNATAKA, REP. BY KAMAKSHIPALYA POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. K. NAGESHWARAPPA, HCGP)

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THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN S.C.NO.506/2021 (CR.NO.270/2020) FOR THE OFFENCE P/U/S 302, 201, 120(b) R/W 34 OF IPC, ON THE FILE OF KAMAKSHIPALYA POLICE, WHICH IS PENDING BEFORE HONBLE LXII ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-63) AT BANGALORE.

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NC: 2024:KHC:770 CRL.P No. 6007 of 2023

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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 is a successive bail petition filed by the petitioner - accused under Section 439 of Cr.P.C. praying to enlarge him on bail in SC No.506/2021 pending on the file of LXII Additional City Civil and Sessions Judge (CCH-63), Bangalore arising out of Crime No.270/2020 of Kamakshipalya Police Station for the offences punishable under Sections 302, 201, 120(b) r/w 34 of IPC.

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Heard the learned counsel appearing for the petitioner and the learned HCGP appearing for the respondent - State.

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The case of the prosecution is that on the complaint lodged by one Sri Srinivas, father of the deceased on 7.11.2020 before the Kamakshipalya Police alleging that accused No.2 and his associates had committed the murder of his son Manjunath. During the investigation, the police arrested the petitioner along with other accused persons on 9.11.2020 and they have been remanded to judicial custody. The earlier bail petitions filed by the petitioner/accused No.4 have been rejected and

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3 - NC: 2024:KHC:770 CRL.P No. 6007 of 2023

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hence, once again the petitioner is before this Court by way of this successive bail petition.

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The learned Counsel for the petitioner submits that though various cases have been registered against the petitioner, all those cases have ended in acquittal except this case. Since the petitioner is suffering from psychiatric disorders, as he is under treatment. Even his father is also serious and his mother is dead, there is no one to look after his family. The petitioner is in custody for more than three years. On these grounds, the release of the petitioner on bail is necessary.

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Per contra, the learned HCGP seriously opposed the contention of the petitioner on the ground that the petitioner is arraigned as accused in 66 cases and as he is an habitual offender. If he is released on bail, he is likely to commit similar offences and hence, he sought to reject the bail petition.

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Having heard the arguments of the learned counsel for petitioner and learned HCGP and on perusal of the entire material on record, of course, this Court has rejected bail petition of the petitioner mainly on the ground that he is an

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NC: 2024:KHC:770 CRL.P No. 6007 of 2023

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habitual offender having committed 66 criminal cases and out of them 28 cases pending and 38 cases have ended in acquittal of the petitioner. The learned Counsel for the petitioner submits that the petitioner has been acquitted in other cases and only 14 cases are pending. The petitioner as well as his father are suffering from mental disorders. Since the mother of the petitioner having died, there is no one to look after his father, his wife and children, in the interest of justice, this Court deems it fit to allow the bail petition.

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Considering the facts and circumstances that during the trial though he was arrested on 11th November, 2020, the trial has not yet been commenced and as the petitioner is having 14 cases wherein he has to be tried and all other cases have been ended in acquittal and the allegations against the petitioner is that he had conspired with other accused and committed the murder of the deceased but actually he has not participated in the murder. Hence this Court is of the opinion that for the purpose of medical treatment the petitioner can be released on bail by imposing stringent conditions and no prejudice would be caused to the prosecution case. Accordingly, the following order:

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NC: 2024:KHC:770 CRL.P No. 6007 of 2023

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ORDER

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(i) The petition is allowed;

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(ii) The trial Court is directed to release the petitioner/accused on bail in Cr. No.270/2020 of Vijayanagar Sub-Division, Kamakshipalya Police Station, pending in S C No.506/2021 on the file of LXII Additional City Civil and Sessions Judge, Bangalore, subject to the following conditions:-

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(a) Petitioner shall execute personal bond in a sum of Rs.5,00,000/- (Rupees Five Lakhs only) with two sureties for likesum to the satisfaction of the trial Court;

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(b) Petitioner shall not tamper with the prosecution witnesses directly or indirectly;

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(d) Petitioner shall take the trial in all the cases pending against him without causing any delay;

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6 - NC: 2024:KHC:770 CRL.P No. 6007 of 2023

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(e) Petitioner shall not leave the jurisdiction of this Court without prior permission;

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(f) Petitioner shall appear and mark his attendance before the Kamakshipalya Police Station, Bangalore once in a month on every second day of the month until disposal of all the cases pending against him .

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If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.

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Sd/JUDGE

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NSU List No.: 1 Sl No.: 21 CT:SNN

Girish @ Kunigalgiri v. State by Karnataka

Case brief

What is this about?

What did the court decide?

Girish @ Kunigalgiri v. State by Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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