Disposed

Sri. Guruprasad v. State of Karnataka

Karnataka HC23 Sept 2024CRL.P/9430/2024

Case brief

AI extract

What is this about?

Successive anticipatory bail petition for accused Nos. 2 and 4 in a rioting/assault case after earlier rejection and Apex Court dismissal. Court held grant of regular bail to accused No.1 does not entitle them to anticipatory bail; disposed with liberty to surrender and seek bail from trial court.

What did the court decide?

No anticipatory bail granted; liberty given to surrender before jurisdictional court and file bail application, to be decided expeditiously within three days.

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

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NC: 2024:KHC:39441 CRL.P No. 9430 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9430 OF 2024

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BETWEEN:

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SRI. GURUPRASAD S/O. RAMAKRISHNA, AGED ABOUT 29 YEARS, R/AT. HALLEGERE VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT-571401.

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

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SRI. SHANKAREGOWDA @ SHANKARA S/O. LATE KARIGOWDA, AGED ABOUT 60 YEARS, R/AT HALLEGERE VILLAGE, BASARALU HOBLI, MANDYA TALUK AND DISTRICT-571401

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…PETITIONERS (BY SRI R. S. RAVI., SENIOR COUNSEL, FOR SRI AKARSH KUMAR GOWDA., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY KERAGODU POLICE STATION, MANDYA TALUK AND DISTRICT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01

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…RESPONDENT

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(BY SRI. RAHUL RAI. K., ADVOCATE)

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2 - NC: 2024:KHC:39441 CRL.P No. 9430 of 2024

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THIS CRL.P IS FILED U/S 438 CR.PC (FILED U/S 482 BNNS) PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CONNECTION WITH CR.NO.27/2023 REGISTERED BY THE RESPONDENT POLICE, KERAGODU P.S. FOR THE OFFENCE P/U/S 143, 148, 447, 504, 307, 324, 326, 323, 506, 427, 144, 341, 120B, 149 OF IPC WHICH IS NOW PENDING BEFORE ADDL.CIVIL JUDGE (SR.DN) AND C.J.M COURT MANDYA DISTRICT.

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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 is a successive petition filed by the petitioners under Section 438 of Cr.P.C. before this Court, seeking anticipatory bail in Crime No.27/2023 registered at Keragodu police station.

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Heard the learned senior counsel

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Sri. R. S. Ravi., and learned High Court Government Pleader for the State and perused the material on record.

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FIR was registered on the basis of a complaint lodged by one Rajanna. G. S. son of late Siddegowda against 5 named accused and 10 to 12 others for the

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3 - NC: 2024:KHC:39441 CRL.P No. 9430 of 2024

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offence punishable under Section 143, 448,447, 504, 307, 324, 326, 323, 114, 506, 427 read with Section 149 of IPC.

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Charge sheet has been filed against 18 accused

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persons for the offence punishable under Section 143, 144, 148, 447, 504, 307, 324, 326, 323, 506, 341, 120-B, 427 read with Section 149 of IPC.

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Petitioners, arraigned as accused Nos.2 and 4 along with accused No.1 had approached this Court under Section 438 of Cr.P.C. in Crl.P.No.3626/2023 connected with Crl.P.No.3627/2023. The said petitions were rejected by this Court, on merits, considering the facts and circumstances of the case, on 23.05.2023.

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This petition is filed on the ground that accused No.1 has been enlarged on bail by this Court in Crl.P.No.9800/2023 vide order dated 21.11.2023. It is also

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contended that, even if the allegations against these petitioners are accepted, the offences alleged are not

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NC: 2024:KHC:39441 CRL.P No. 9430 of 2024

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punishable with death or imprisonment for life and further,

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all the accused except these petitioners are granted bail.

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After the rejection of anticipatory bail petitions

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preferred by accused Nos.1, 2 and 4 they preferred petitions for special leave to appeal (Crl.)Nos.7531-7532/2023 before the Hon'ble Apex Court. The same was dismissed reserving liberty to them to move the Court for bail, with a direction that if any such application is filed, the same shall be considered expeditiously.

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Accused No.1, after the dismissal of his bail petition, surrendered before the Trial Court. His petition filed under Section 439 of Cr.P.C. i.e., after his arrest, came to be allowed in Crl.P.No.9800/2023 vide order dated 21.11.2023.

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Petitioners are still at large. Their petitions seeking anticipatory bail are already rejected by this Court. Accused No.1 was granted regular bail and therefore, on that ground, the petitioners are not entitled

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5 - NC: 2024:KHC:39441 CRL.P No. 9430 of 2024

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for anticipatory bail. Once again considering the prayer of the petitioners for anticipatory bail does not arise, particularly in view of the order passed by the Hon'ble Apex Court dismissing their petitions, wherein liberty was reserved to them to move the Court for bail.

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Considering that all the accused are now on bail and the charge sheet is already filed, petitioners are at liberty to surrender before the Jurisdictional Court and file necessary application for bail and in that event, their application shall be considered as expeditiously as possible, not later than three days from the date of their surrender.

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With the above observation, petition is

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disposed of.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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LDC:List No.: 1 Sl No.: 9

Sri. Guruprasad v. State of Karnataka

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Sri. Guruprasad v. State of Karnataka

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