Allowed

Anjinappa B T v. State by Kaggalipura Police Station

Karnataka HC15 Mar 2024CRL.P/724/2024

Case brief

AI extract

What is this about?

Petitioners, accused Nos.1 and 3 in a case involving assault during a construction dispute, sought anticipatory bail after the Sessions Court rejected their plea. The High Court found the offences not exclusively punishable with death or life imprisonment and allowed the petition with conditions including periodic attendance before police.

What did the court decide?

Anticipatory bail on personal bond of Rs.50,000 with one surety each, subject to surrender within fifteen days and other conditions.

Anjinappa B T Vs State by Kaggalipura Police Station — Anticipatory Bail | Karnataka HC (2024)

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1 - CRL.P No. 724 of 2024 NC: 2024:KHC:10698

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR

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CRIMINAL PETITION NO. 724 OF 2024

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BETWEEN:

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ANJINAPPA B.T, S/O THIMMARAYAPPA, AGED ABOUT 52 YEARS, RESIDING AT NO. 25, OPP GOVERNMENT HIGH SCHOOL, BANJARAPALYA, KENGERI, BANGALORE - 560 062.

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Digitally signed by SOWMYA D Location: High Court of Karnataka

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DEVARAJU @ RAJU, S/O PARASHIVAIAH, AGED ABOUT 38 YEARS, RESIDING AT NO. 1633, 5TH STAGE, BEML LAYOUT, NEAR LALITHA CASTLE, INTERNATIONAL SCHOOL, RAJARAJESHWARI NAGARA, BANGALORE - 560 062.

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(BY SRI. LAKSHMIKANTH K, ADVOCATE)

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AND:

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…PETITIONERS

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STATE BY KAGGALIPURA POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001.

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…RESPONDENT

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(BY SRI. B. LAKSHMANA, HCGP)

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2 - CRL.P No. 724 of 2024 NC: 2024:KHC:10698

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THIS CRL.P IS FILED U/S 438 OF CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.433/2023) OF KAGGALIPURA P.S RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 323, 324, 327, 504, 506 R/W SEC.34 OF IPC ON THE FILE OF THE 2nD ADDITIONAL CJM COURT, BENGALURU RURAL 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 accused Nos.1 and 3 under Section 438 of Cr.P.C. seeking anticipatory bail in the event of their arrest in Crime No.433/2023, registered by Kaggalipura Police Station, for the offences punishable under Sections 323, 324, 327, 504 and 506 read with Section 34 of IPC, which is pending on the file of the 2^nd Additional Chief Jurisdictional Magistrate, Bengaluru Rural District, Bengaluru.

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The allegations of the prosecution disclose that,

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the complainant had purchased a property in the name of his mother-in-law and he engaged one Gopi to construct the house, and on 19.12.2023, it is alleged that petitioner/accused No.2 has assaulted Gopi, the Contractor, by stone. It is alleged that, when this matter

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3 - CRL.P No. 724 of 2024 NC: 2024:KHC:10698

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was reported to complainant, he went to the spot and he was also assaulted by the petitioners and his ID Card was also snatched away. In this regard, complaint was lodged by the complainant.

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On the basis of this complaint, FIR came to be lodged and the petitioners apprehending their arrest have approached the learned Sessions Judge and learned Sessions Judge has rejected the anticipatory bail petition. Hence, they are before this Court.

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Heard the arguments advanced by the learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records.

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As per the case of the prosecution, the alleged incident said to have taken place on 19.12.2023 at about 6.00 p.m., at Banjarapalya Village. The site is belonging to the mother-in-law of the complainant and when the complainant had undertaken construction, the incident has taken place and since the assault was with an intention to extort, the offence under Section 327 of IPC was also

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CRL.P No. 724 of 2024 NC: 2024:KHC:10698

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incorporated. The offences alleged are not exclusively punishable either with the sentence of death or life imprisonment and the said offences are triable by the learned Magistrate.

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Looking to these facts and circumstances, I do not find any impediment for admitting the petitioners on anticipatory bail. The other apprehensions raised by the learned High Court Government Pleader can be taken care of by imposing certain conditions.

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Hence, the petition needs to be allowed and

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accordingly, I proceed to pass the following:

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ORDER

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The petition is allowed .

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The petitioners/accused No.1 and 3 are directed to be enlarged on bail in the event of their arrest in Crime No.433/2023 of Kaggalipura Police Station, registered for the offences punishable under Sections 323, 324, 327, 504 and 506 read with Section 34 of IPC, the 2^nd Additional Chief Jurisdictional Magistrate, Bengaluru Rural District, Bengaluru on each of them

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CRL.P No. 724 of 2024 NC: 2024:KHC:10698

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executing personal bond for a sum of Rs.50,000/(Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the Investigating Officer or the concerned trial Court, subject to the following conditions:

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(i) Petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, Investigating Officer/SHO shall release them on bail as directed.

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(ii) They shall not directly or indirectly tamper with any of the prosecution witnesses.

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(iii) They shall not indulge in any similar offences.

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(iv) They shall make themselves available to the Investigating Officer for interrogation whenever called for during course of investigation.

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6 - CRL.P No. 724 of 2024 NC: 2024:KHC:10698

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(v) They shall mark their attendance before the Investigating Officer/SHO between 9.00 a.m. and 5.00 p.m. on every first and third Saturday of the month till the final report is submitted.

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Sd/JUDGE

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URN List No.: 1 Sl No.: 16 CT: BHK

Anjinappa B T v. State by Kaggalipura Police Station

Case brief

What is this about?

What did the court decide?

Anjinappa B T v. State by Kaggalipura Police Station

Case brief

What is this about?

What did the court decide?

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