Allowed

Sri Ganesh v. State of Karnataka

Karnataka HC18 Sept 2024CRL.P/9183/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of the criminal petition by granting anticipatory bail to the accused No. 3 who faced arrest in a case involving offences under IPC Sections 341, 504, 323, 307 and 34, subject to furnishing a bond and meeting specific conditions including appearing before the IO within 15 days.

What did the court decide?

The petitioner is ordered to be enlarged on bail in the current case upon arrest, subject to furnishing a bond of Rs. 2,00,000 with two sureties.

Sri Ganesh Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2024)

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1 - NC: 2024:KHC:38308 CRL.P No. 9183 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 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. 9183 OF 2024

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BETWEEN:

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SRI. GANESH S/O SHAMAPPA AGED ABOUT 33 YEARS R/AT NO.83, RAYASANDRA BENGALURU-560 099.

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…PETITIONER

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(BY SRI. MANOJ S.N., ADVOCATE)

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AND:

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Digitally signed by ANUSHA V Location: High Court of Karnataka

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STATE OF KARNATAKA BY PARAPPANA AGRAHARA POLICE STATION REPRESENTED BY THE SPP OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING BENGALURU-560 001.

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(BY SRI. K.NAGESHWARAPPA, HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO PASS AN ORDER GRANTING ANTICIPATORY BAIL THEREBY DIRECTING THE RESPONDENT PARAPPANA AGRAHARA POLICE TO RELEASE THE PETITIONER / ACCUSED NO.3 IN CR.NO.280/2024 REGISTERED BY THE RESPONDENT PARAPPANA AGRAHARA POLICE FOR THE OFFENCE P/U/ SECTIONS 341, 504, 323, 307 AND 34 OF IPC, PENDING BEFORE THE COURT OF 9^TH ACMM, BENGLAURU IN THE EVENT OF PETITIONER BEING ARRESTED AND ETC.

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NC: 2024:KHC:38308 CRL.P No. 9183 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 MRS JUSTICE M G UMA

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ORAL ORDER

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The petitioner-accused No.3 is before this Court seeking grant of anticipatory bail in Crime No.280/2024 of Parappana Agrahara Police Station pending on the file of the learned IX ACMM Court, Bengaluru, registered for the offences punishable under Sections 341, 504, 323, 307 read with Section 34 of Indian Penal Code (for short 'IPC') on the basis of the first information lodged by the informant-Manjunath.

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Heard Sri. Manoj.S.N., learned counsel for the petitioner and Sri. K.Nageshwarappa, 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

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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 438 of Cr.P.C.?”

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3 - NC: 2024:KHC:38308 CRL.P No. 9183 of 2024

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

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following:

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R E A S O N S

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The petitioner being accused No.3 is seeking grant of anticipatory bail on the apprehension of being arrested. It is alleged that accused No.1 assaulted the informant/complainant causing injuries on his head. When the injured Harish came to the rescue of the informant/complainant, the accused have assaulted him with a stone and abused them in a filthy language. Admittedly, informant/complainant and the other injured have sustained only simple injuries. It is stated that accused No.2, against whom similar allegations were made, was granted anticipatory bail by this Court and accused No.1, against whom serious allegations are made, is already enlarged on bail. It is not the contention of the prosecution that the petitioner is required for further investigation. He is not having any criminal antecedents. Under such circumstances, I am of the opinion that the petitioner may be granted anticipatory bail subject to conditions, which will take care of the interest of the prosecution.

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4 - NC: 2024:KHC:38308 CRL.P No. 9183 of 2024

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Accordingly, I answer the above point in the

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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 the event of his arrest in Crime No.280/2024 of Parappana Agrahara Police Station, Bengaluru.

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The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance, the Investigating Officer shall enlarge him on bail subject to the following conditions:-

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a. The petitioner 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 petitioner shall not commit similar offences;

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

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

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NC: 2024:KHC:38308 CRL.P No. 9183 of 2024

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On furnishing the sureties by the petitioner, the 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

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accept the sureties within a reasonable time.

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Sd/(M G UMA) JUDGE

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List No.: 3 Sl No.: 9

Sri Ganesh v. State of Karnataka

Case brief

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Sri Ganesh v. State of Karnataka

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