Allowed

Ganesh @ Koti v. the State of Karnataka

Karnataka HC12 Jul 2024CRL.P/6071/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition filed by Ganesh @ Koti, accused No.5, for enlargement on bail. Noting his voluntary surrender and medical reports indicating non-culpability regarding bail breach, the court granted bail subject to conditions including not tampering with witnesses.

What did the court decide?

Petitioner enlarged on bail on bond of Rs.2,00,000/- with two sureties subject to conditions of not committing offences, not tampering with witnesses, and appearing as required.

Ganesh @ Koti Vs the State of Karnataka — Bail and Remand | Karnataka HC (2024)

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1 - NC: 2024:KHC:26876 CRL.P No. 6071 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 6071 OF 2024

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BETWEEN:

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GANESH @ KOTI, S/O VENKATESH, AGED ABOUT 26 YEARS RESIDING AT NO.106, 1^ST CROSS, KRISHNA TEMPLE ROAD, INDIRANAGAR, BENGALURU - 560 038.

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…PETITIONER

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(BY SRI. KULKARNI ABDULRASHEED SIKANDER SAB, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY INDIRANAGAR POLICE STATION, BENGALURU - 560 038, Digitally signed by REPRESENTED BY STATE PUBLIC PROSECUTOR, YAMUNA K L HIGH COURT BUILDING, Location: High BENGALURU - 560 001. Court of Karnataka

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…RESPONDENT

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

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER/ACCUSED NO.5 ON BAIL IN INDIRANAGAR POLICE STATION IN CRIME NO. *242/2021 (SESSIONS CASE NO.722/2023) FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 399 AND 402 OF IPC ON THE FILE OF XIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, MAYO HALL UNIT, BENGALURU.

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

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*corrected vide court order dated: 6/8/24

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2 - NC: 2024:KHC:26876 CRL.P No. 6071 of 2024

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ORDER

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The petitioner-accused No.5 is before this Court seeking grant of bail under Section 439 of Cr.P.C., in Crime No.242/2021 of Indiranagar Police Station, pending in S.C.No.722/2023, on the file of the learned *XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, registered for the offences punishable under Sections 399 and 402 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant Sri. Amaresh, Police Sub-Inspector.

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Heard Sri. Kulkarni Abdulrasheed Sikander Sab, learned counsel for the petitioner and Smt.K.P.Yashodha, learned High Court Government Pleader for 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 petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”

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*corrected vide court order dated: 6/8/24

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NC: 2024:KHC:26876 CRL.P No. 6071 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 petitioner being accused No.5 is seeking grant of bail. It is stated that the petitioner voluntarily surrendered on 15.04.2024. Since then he is in judicial custody.

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It is pertinent to note that the petitioner was granted anticipatory bail in Crl.Misc.No.25769/2023 on 06.10.2023 by the trial Court. It is revealed that the petitioner has not complied with the conditions imposed while granting anticipatory bail and thereafter, he is said to have voluntarily surrendered before the Investigating Officer.

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Learned HCGP submits that the petitioner is having criminal antecedents as in all ten criminal cases in various Police stations are registered against him under different provisions, including the offence under Section 302 of IPC. List of those cases produced by the learned HCGP discloses that different criminal cases were registered in between 2016 to 2022.

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4 - NC: 2024:KHC:26876 CRL.P No. 6071 of 2024

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It is pertinent to note that, it is not the contention of the prosecution that the petitioner has committed any offence after 06.10.2023 till date. When the petitioner has already granted anticipatory bail on merits vide order dated 06.10.2023 and the petitioner has not involved in any cases after the order granting anticipatory bail, the same will not come in the way of granting relief to the petitioner.

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Now the question to be considered is whether sufficient grounds are there for the petitioner for not complying with the conditions imposed while granting anticipatory bail.

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Learned counsel for the petitioner has produced copy of the discharge summary pertaining to the petitioner, according to which, he was admitted to hospital on 20.10.2023 and discharged on 01.11.2023 with a complaint of swelling and pain in the right knee, with the history of self-fall at the work place. On consideration of the medical reports produced by the petitioner, I am of the opinion that the petitioner is entitled for the relief claimed.

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5 - NC: 2024:KHC:26876 CRL.P No. 6071 of 2024

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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 petitioner is ordered to be enlarged on bail in Crime No.242/2021 of Indiranagar Police Station, pending in S.C.No.722/2023, on the file of the learned *XIII Additional City Civil and Sessions Judge, Mayohall Unit, Bengaluru, on obtaining 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 jurisdictional Court, subject to the following conditions:

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a) The petitioner shall not commit similar offences.

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b) The petitioner shall not threaten or tamper with the prosecution witnesses.

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c) The petitioner shall appear before the Court as and when required.

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If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.

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*corrected vide court order dated: 6/8/24

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NC: 2024:KHC:26876 CRL.P No. 6071 of 2024

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On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.

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Sd/JUDGE

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CPN CT:SNN

Ganesh @ Koti v. the State of Karnataka

Case brief

What is this about?

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Ganesh @ Koti v. the State of Karnataka

Case brief

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