Allowed

Shivaji Rao @ Shivaji v. State of Karnataka

Karnataka HC20 Sept 2024CRL.P/7810/2024

Case brief

AI extract

What is this about?

Petitioner filed a criminal petition praying for bail in a murder case under various IPC sections. The court, noting the petitioner was a conspirator accused of providing shelter and vehicles, allowed the bail petition by imposing standard conditions including bond, address proof, and no tampering with witnesses.

What did the court decide?

Petitioner enlarged on bail subject to conditions of executing a bond of Rs. 1,00,000 with two sureties, furnishing address proof, not leaving jurisdiction, and not tampering with witnesses.

Shivaji Rao @ Shivaji Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:38890 CRL.P No. 7810 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 7810 OF 2024

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BETWEEN:

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SHIVAJI RAO @ SHIVAJI, S/O LATE NAGOJI RAO, AGED ABOUT 30 YEARS, PRESENTLY R/AT AUTORAMA HOUSE, KAMLAPURA VILLAGE, HIRIYURUDURGA, KUNIGAL, TUMAKURU - 572 101.

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…PETITIONER

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(BY SRI. SHAKEER ABBAS M., ADVOCATE) AND:

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Digitally signed by YAMUNA K L Location: High Court of Karnataka

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STATE OF KARNATAKA, THROUGH HULIYURUDURGA POLICE STATION AND CYBER, ECONOMICS, NARCOTIC, CRIME P.S., TUMAKURU CITY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU - 560 001.

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…RESPONDENT (BY SRI. RAHUL RAI K., HCGP) THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO ALLOW THIS MEMORANDUM OF CRIMINAL PETITION AND BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN C.C.NO.531/2024 OF CR.NO.279/2023 DATED 30.12.2023 FOR ALLEGED OFFENCE P/US/ 143, 147, 148, 120B, 341, 302, 201, 109, 212, 149 OF IPC, REGISTERED BY THE RESPONDENT HULIYURUDURGA POLICE.

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NC: 2024:KHC:38890 CRL.P No. 7810 of 2024

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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This petition is filed by accused No.16 praying to enlarge him on regular bail in Crime No.279/2023 of Huliyurdurga police station, registered for the offence punishable under Section 143, 147, 148, 120-B, 114, 302 and 149 of IPC.

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Heard both sides and perused the material on

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record.

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It is alleged in the complaint lodged by one Venkataramu alias Ooty that on 30.02.2023 at about 07-07:30 p.m., on account of previous enmity, accused No.1 along with other accused persons have committed murder of his son by name Suresha by assaulting him with lethal weapons.

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The motive for committing the offence as stated in the complaint is that, on 26.12.2023, when deceased Suresha was returning to village, after attending the funeral of a 7 months old baby of accused No.1, a quarrel took place in

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3 - NC: 2024:KHC:38890 CRL.P No. 7810 of 2024

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connection with bursting of crackers. In the said quarrel deceased assaulted accused No.5 by name Anand. Hence, accused No.5 lodged a complaint at Huliyurdurga police station on 30.12.2023. The police called both accused No.5 and the deceased to the police station and compromised the matter. However, accused No.1 and other accused persons were nurturing ill-will against the deceased. They conspired to commit his murder and in furtherance of the said conspiracy, on 30.12.2023 at about 07:15 p.m., when the deceased Suresha alias Capton Suresha was proceeding in his car along with CWs.2 and 3, followed him and waylaid his car and assaulted him with deadly weapons and committed his murder.

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Initially, case was registered against 7 accused persons. On completion of investigation charge sheet has been filed against accused Nos.1 to 20. Petitioner is arraigned as accused No.16. It is alleged that he too conspired with other accused persons to commit the offence etc.

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Name of the petitioner is not in the FIR. Eye witnesses namely CWs.2 and 3 have not mentioned his name. In the charge sheet it is stated that on the date of incident, petitioner i.e., accused No.16 along with accused Nos.1, 14 and

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4 - NC: 2024:KHC:38890 CRL.P No. 7810 of 2024

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15 conspired to commit the murder and also helped the assailants by providing shelter in the house of accused No.19 and provided vehicles etc.

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The allegation of assaulting the deceased with weapons is not attributed against the petitioner. It is alleged that he is one of the conspirators and provided them vehicles etc. after commission of the offence. The same has to be established during trial. Similarly placed accused No.15 has been enlarged on bail by this Court in Crl.P.No.2462/2024.

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In the above facts and circumstances, petitioner

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can be admitted to bail by imposing conditions. Accordingly, the following:

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ORDER

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i) Petition is allowed .

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ii) Petitioner / accused No.16 in Crime No.279/2023 of

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Huliyurdurga police station, Tumakuru shall be enlarged on bail subject to following conditions.

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a) He shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court.

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NC: 2024:KHC:38890 CRL.P No. 7810 of 2024

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b) He shall furnish proof of his residential address and shall inform the Investigation Officer/Court, if there is change in the address.

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c) He shall not leave the jurisdiction of the trial Court without prior permission of the learned session Judge.

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d) He shall not tamper with the prosecution witnesses/evidence either directly or indirectly.

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e) He shall appear before the trial Court on all dates of hearing without fail.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC List No.: 1 Sl No.: 11 CT: BHK

Shivaji Rao @ Shivaji v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shivaji Rao @ Shivaji v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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