Allowed

Dharmasingh Khatari v. State by Kadugodi P S

Karnataka HC28 Oct 2024CRL.P/9213/2024

Case brief

AI extract

What is this about?

A criminal bail petition under Section 439 Cr.P.C. was allowed for a murder accused. The High Court granted bail subject to strict conditions including a personal bond, regular court appearances, and no departure from jurisdiction, addressing apprehension of absconding.

What did the court decide?

Petitioner enlarged on bail with personal bond of Rs. 1 lakh, two sureties, one local, regular appearance, and prohibition on leaving jurisdiction or tampering.

Dharmasingh Khatari Vs State by Kadugodi P S — Murder and Culpable Homicide | Karnataka HC (2024)

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NC: 2024:KHC:43335 CRL.P No. 9213 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF OCTOBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 9213 OF 2024

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BETWEEN:

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DHARMASINGH KHATARI S/O MAHANANDA KHATHVI, AGED ABOUT 40 YEARS, R/AT SHEET HOUSE, SEEGEHALLI, DINNUR MAIN ROAD, KADUGODI, BENGALURU CITY - 560 067. (IN JUDICIAL CUSTODY)

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…PETITIONER

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(BY SRI. PRASANNA RAO R., ADVOCATE)

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AND:

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STATE BY KADUGODI P S, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001.

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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(BY SRI. RAHUL RAI K., HCGP)

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…RESPONDENT

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THIS CRL.P IS FILED U/S.439 (FILED U/S.483 BNNS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO RELEASE THE PETITIONER (ACCUSED NO.1) ON BAIL IN CRIME NO.454/2023 OF RESPONDENT KADUGODI P.S., REGISTERED FOR ALLEGED OFFENCE P/US/ 302 OF IPC 1860 PENDING ON THE FILE OF THE HONBLE IX ADDL. DISTRICT AND SESSION

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NC: 2024:KHC:43335 CRL.P No. 9213 of 2024

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JUDGE, BENGALURU RURAL DISTRICT, BENGALURU PENDING IN S.C.NO.47/2024.

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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 S VISHWAJITH SHETTY

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ORAL ORDER

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Accused in SC.No.47/2024 pending before the Court

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of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.454/2023 registered by Kadugodi Police Station, Bengaluru City for the offence punishable under Section 302 of IPC, is before this Court under Section 439 of Cr.P.C.

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Heard the learned counsel for the parties.

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FIR in Crime No.454/2023 was registered by Kadugodi Police Station, Bengaluru City, against petitioner herein for the offence punishable under Section 302 of

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NC: 2024:KHC:43335 CRL.P No. 9213 of 2024

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IPC, on the basis of the first information dated 20.09.2023

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received from Yaseen s/o Saradar.

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During the course of investigation of the case, petitioner who was arrayed as accused No.1 was arrested on 20.09.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed against the petitioner for the aforesaid offence. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.1670/2024 was rejected on 28.08.2024. Therefore, petitioner is before this Court.

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5. Learned Counsel for the petitioner submits that

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petitioner who has no criminal antecedents, is in custody for the last more than 14 months. The incident in question had taken place in a spur of moment when deceased, who had consumed alcohol spoke ill of petitioner's daughter. Trial in the case is yet to commence. Accordingly, he prays to allow this petition.

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NC: 2024:KHC:43335 CRL.P No. 9213 of 2024

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Per contra , learned HCGP has opposed the petition. He submits that petitioner hails from Nepal and in the event he is enlarged on bail, he is likely to flee away from justice. Accordingly, he prays to dismiss this petition.

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In the first information dated 20.09.2023, it is stated that petitioner who is a citizen of Nepal had settled in Benglauru along with his family and was working as security guard in Sterling Villa's at Kadugodi, Bengaluru. Petitioner's daughter had left her house and married a boy known as Mithun against the wishes of her parents, and therefore, their community people were not happy with the petitioner's family. On 20.09.2023, first informant

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allegedly received a phone call from the petitioner and the petitioner asked the first informant to come to his house immediately. When the first informant went to the house of the petitioner, he was informed by the petitioner that petitioner and Premaraja Upadyaya had consumed alcohol in their house and after consuming alcohol Premaraja Upadyaya, who also hails from Nepal, spoke ill of petitioner's daughter and therefore, petitioner had

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NC: 2024:KHC:43335 CRL.P No. 9213 of 2024

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committed his murder and he requested the first informant to assist him to shift the dead body of deceaed Premaraja Upadyaya. However, first informant who refused to help the petitioner, on the other hand, approached the police and submitted the first information based on which FIR was in Crime No.454/2023 was registered against the petitioner.

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During the course of investigation, petitioner was arrested on 20.09.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. In the charge sheet it is alleged that on 20.09.2023 after the petitioner and the deceased Premaraja Upadyaya had consumed alcohol, the deceased spoke ill of petitioner's daughter, which enraged the petitioner and petitioner allegedly assaulted the deceased on his head with a steel water bottle and as a result of the

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said assault, deceased succumbed to the injuries at the spot.

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6 - NC: 2024:KHC:43335 CRL.P No. 9213 of 2024

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Perusal of the charge sheet material would go

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to show that on 20.09.2023, petitioner and the deceased had consumed alcohol with their other friends. After the friends had left the house of the petitioner, it appears that the deceased who had consumed excess alcohol, started talking ill of petitioners daughter and the petitioner who got enraged assaulted him with steel water bottle on his head. It appears that the incident in question had taken place in a spur of moment, after the deceased consumed alcohol and spoke ill of petitioner's daughter. Trial in the case is yet to commence. Prosecution in all has cited 26 charge sheet witnesses and therefore, the chances of trial being completed in the near soon is very remote. Petitioner who has no other criminal antecedents is in custody for the last more than 14 months. Apprehension of the learned HCGP can be taken care of by imposing appropriate conditions on the petitioners. Accordingly, the following:-

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ORDER

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The petition is allowed .

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NC: 2024:KHC:43335 CRL.P No. 9213 of 2024

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The petitioners are directed to be enlarged on bail in SC.No.47/2024 pending before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, arising out of Crime No.454/2023 registered by Kadugodi Police Station, Bengaluru City for the offence punishable under Section 302 of IPC, subject to the following conditions:

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a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, out of which one shall be local surety, to the satisfaction of the jurisdictional Court;

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b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

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c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

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d) The petitioner shall not involve in similar offences in future;

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NC: 2024:KHC:43335 CRL.P No. 9213 of 2024

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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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KVR

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List No.: 1 Sl No.: 38

Dharmasingh Khatari v. State by Kadugodi P S

Case brief

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Dharmasingh Khatari v. State by Kadugodi P S

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