Girish G Alias Kamapalpura Giri Vs State of Karnataka

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1 - NC: 2025:KHC:10602 CRL.P No. 2113 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 14^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2113 OF 2025

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BETWEEN:

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GIRISH .G. @ KAMPALPURA GIRI, S/O GANGABORAIAH, AGED ABOUT 24 YEARS, R/AT KANTANAHALLI VILLAGE, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKURU DISTRICT - 577 201. (NOW IN JUDICIAL CUSTODY CENTRAL PRISON, TUMKUR)

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…PETITIONER

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(BY SRI. HASMATH PASHA,SR. ADVOCATE FOR SRI. MOHAMMED MUBARAK, ADVOCATE)

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Digitally signed by SWAPNA V Location: high court of karnataka

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AND:

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STATE OF KARNATAKA BY HULIYURUDURGA POLICE STATION, TUMAKURU DISTRICT - 577 201 (REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.)

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…RESPONDENT

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(BY SRI. VINAY MAHADEVAIAH, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE HIM ON BAIL IN CR.NO.279/2023 ON HULIYURUDURGA POLICE STATION, TUMKUR DISTRICT, FOR OFFENCES U/S 143, 147, 148, 120B, 341, 302, 201 R/W SEC. 149 OF IPC WHICH IS PENDING IN CR.NO.279/2023 ON THE FILE OF HONBLE VI ADDL. DIST. AND SESSIONS JUDGE, TUMKURU.

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2 - NC: 2025:KHC:10602 CRL.P No. 2113 of 2025

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THIS CRL.P, 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 No.12 in Crime No.279/2023 registered by Huliyurdurga Police Station, Tumakuru, for offences punishable under Sections 143, 147, 148, 120B, 341, 302, 201 read with Section 149 of Indian Penal Code, 1860 (for short, 'IPC'), is before this Court under Section 439 of Cr.PC seeking regular bail.

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Heard the learned counsels for the parties.

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FIR in Crime No. 279/2023 registered by Huliyurdurga Police Station, initially for the offences punishable under Sections 143, 147, 148, 120B, 114, 302 and 149 of IPC against Auto Rama and other six persons on the basis of the first information dated 30.12.2023 received from Venkataramu Alias Ooty, who is the father of the deceased - Suresha.

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During the course of investigation of the case, the petitioner was arrested on 19.01.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against 21 persons

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3 - NC: 2025:KHC:10602 CRL.P No. 2113 of 2025

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and the petitioner is arrayed as accused No.12 in the charge sheet. Bail application filed by the petitioner before the Trial Court in Crl.Misc.No.1120/2024 was rejected on 29.07.2024. Therefore, he is before this Court.

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Learned senior advocate for the petitioner submits that, petitioner's name is not found in the FIR. Accused No.8 as against whom, similar allegations are found in the charge sheet has been granted regular bail by this Court in Crl.P.No.144/2025 disposed of on 04.02.2025. Accused Nos. 1, 2, 4, 14 to 21 as against whom, there is an allegation of conspiracy have been granted regular bail by this Court. Petitioner has no other criminal antecedents. Cws-2 and 3, who are the alleged eye-witnesses have not made any allegations against the petitioner in their statement recorded under Section 164 of Cr.PC. Accordingly, he prays to allow the petition.

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Per contra, learned High Court Government Pleader has opposed the petition. He submits that this Court while granting regular bail to the accused as against whom allegation of conspiracy is found in the charge sheet has specifically observed that accused Nos. 3, 5, 6, 8 to 13 are the assailants in the present case. Though accused No.8 has been granted

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4 - NC: 2025:KHC:10602 CRL.P No. 2113 of 2025

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regular bail by this Court, only allegation as against him is that, he had assaulted on the face of the deceased with a machete, whereas, the petitioner had assaulted the deceased on his head and the cause for death is injury suffered by the deceased on his head. Accordingly, he prays to dismiss the petition.

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Perusal of the materials on record would go to show that the deceased was a person with criminal antecedents and he had some ill-will with accused No.1 - Auto Rama and accused No.3 - Nagesh. It is alleged that, it is in this background, accused had conspired to commit the murder of deceased - Suresha and on 30.12.2023 at about 7.30pm, when the deceased was travelling in his swift car bearing Rg.No.KA51-B-4854 along with CWs-2 and 3, the accused persons intercepted the said car, assaulted him with deadly weapons and caused his murder. CWs-2 and 3 are the alleged eye-witnesses in the incident. In the statement of CWs-2 and 3 recorded under Section 164 of Cr.PC, they have not made any specific allegation as against the petitioner. Special allegations by the alleged eye-witnesses are made only as against accused No.3 - Nagesha in their statement under Section 164 of Cr.PC and also in their statement recorded under Section 161 of

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5 - NC: 2025:KHC:10602 CRL.P No. 2113 of 2025

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Cr.PC. The Co-ordinate Bench while granting regular bail to accused Nos. 1, 2, 4 and 14 to 21 as against whom there is an allegation of conspiracy has observed that, accused Nos. 3, 5, 6 and 8 to 13 are the assailants in the present case. Accused No.8, who is one of the assailant in the present case has been granted regular bail by the Co-ordinate Bench of this Court in Crl.P.No.144/2025. The alleged eye-witnesses Cws-2 and 3 have not made any specific overt act even as against accused No.8. Undisputedly, the petitioner has no other criminal antecedents. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the petitioner for grant of regular bail as against whom similar allegations as found against accused No.8 are found in charge sheet and as against whom no allegation of specific overt act is made by CWs-2 and 3 is required to be answered affirmatively, on the ground of parity. Accordingly, the following:-

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ORDER

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The petition is allowed .

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The petitioner is directed to be enlarged on bail in Crime Crime No.279/2023 registered by Huliyurdurga Police Station, Tumakuru for the offences punishable under Sections 143, 147,

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6 - NC: 2025:KHC:10602 CRL.P No. 2113 of 2025

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148, 120B, 341, 302, 201 read with Section 149 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, 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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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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SPV

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List No.: 1 Sl No.: 54

Girish G Alias Kamapalpura Giri v. State of Karnataka

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Girish G Alias Kamapalpura Giri v. State of Karnataka

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