Dismissed

Sri Rahul Kumar @ Chote Lal @ Lal v. the State of Karnataka

Karnataka HC18 Sept 2024CRL.P/9298/2024

Case brief

AI extract

What is this about?

Sole accused in a murder and evidence-destruction case sought regular bail under Section 439 Cr.P.C. The Court noted he had already been granted bail in an earlier petition (CRL.P.No.5990/2021) by order dated 06.09.2021, found no reason to entertain a second petition, answered the point in the negative, and dismissed the petition.

What the court decided

AI extract

Sri Rahul Kumar @ Chote Lal @ Lal Vs the… — Murder and Culpable Homicide | Karnataka HC (2024)

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1 - NC: 2024:KHC:38310 CRL.P No. 9298 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. 9298 OF 2024

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BETWEEN:

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SRI RAHUL KUMAR @ CHOTE LAL @ LAL S/O LATE BECHAN PRASAD AGED ABOUT 24 YEARS, R/AT MALAMALIA, GORAKHPUR UTTAR PRADESH-273 001

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…PETITIONER

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(BY SRI.SRINATHA B.V., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS, BENGALURU - 560001.

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…RESPONDENT

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(BY SRI.K.NAGESHWARAPPA, HCGP)

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Digitally signed by ANUSHA V Location: High Court of Karnataka

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THIS CRL.P IS FILED U/S.439 CR.P.C., (U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL FOR THE OFFENCES P/U/ SECTIONS 302, 201 OF IPC, REGISTERED BY BYADARAHALLI POLICE IN SC.NO.20/2021 (CR.NO.296/2020), PENDING ON THE FILE OF IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT.THE IX ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU RURAL DISTRICT, BENGALURU HAS REJECTED THE BAIL PETITION ON 16.01.2023.

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

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NC: 2024:KHC:38310 CRL.P No. 9298 of 2024

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CORAM: HON'BLE MRS JUSTICE M G UMA

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ORAL ORDER

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The petitioner-sole accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.296/2020 of Byadarahalli Police Station, pending in S.C.No.20/2021 on the file of the IX Additional District and Sessions Judge, Bengaluru Rural District, registered for the offences punishable under Sections 302 & 201 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant-Bettaswamy.

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Heard Sri Srinatha B.V., 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 439 of Cr.P.C.?”

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3 - NC: 2024:KHC:38310 CRL.P No. 9298 of 2024

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My answer to the above point is 'negative' for the

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following:

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R E A S O N S

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Petitioner being sole accused is before this Court is seeking grant of bail. It is stated that he was apprehended on 03.10.2020 and since then, he is in judicial custody. Even though the petitioner is seeking bail under Section 439 of Cr.P.C., it is stated that the very same petitioner had approached this Court in CRL.P.No.5990/2021, which was came to be allowed by order dated 06.09.2021. Hence, I do not find any reason to entertain the second petition, when the petitioner is already ordered to be released on bail.

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Accordingly, I answer the above point in the negative and proceed to pass the following:

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ORDER

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The petition is dismissed.

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Sd/(M G UMA) JUDGE

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Sri Rahul Kumar @ Chote Lal @ Lal v. the State of Karnataka

Case brief

What is this about?

What the court decided

Sri Rahul Kumar @ Chote Lal @ Lal v. the State of Karnataka

Case brief

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What the court decided

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