Ghouse Alias Ghouse Peer Vs State by

THIS CRL.P IS FILED U/S 439 CR.PC (U/S 483 BNSS) BY THE PETITIONER PRAYING TO ENLARGE HIM ON BAIL IN S.C.NO.23/2014 REGISTERED BY THE SAKKAREPATTANA POLICE, DTD 26.1.02013 (CR.NO.79/2013) PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE AT CHICKMAGALUR FOR THE OFFENCE PUNISHALBE UNDER SECTIONS 302, 201, 149 OF IPC AND ETC.

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NC: 2025:KHC:27201 CRL.P No. 9170 of 2025

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HC-KAR

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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 No.4 in S.C.No.23/2014 pending before the Court of II Additional District & Sessions Judge at Chikkamgaluru, arising out of Crime No.79/2013 registered by Sakkarepatna Police Station, Chikkamagaluru, for the offences punishable under Sections 302, 201, 149 of IPC, is before this Court under Section 483 of BNSS 2023, seeking regular bail.

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Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent -State.

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Learned Counsel for the petitioner submits that except the petitioner/accused No.4 all other accused persons are released on bail in the present case. Even the petitioner was earlier granted regular bail by this Court in Crl.P.No.372/2015 and only for the reason that the

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NC: 2025:KHC:27201 CRL.P No. 9170 of 2025

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HC-KAR

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petitioner had not appeared before the Trial Court on regular dates of hearing, he was arrested and subsequently remanded to judicial custody on 11.12.2023. Trial in the case is already completed, the case is now posted for the purpose of addressing the arguments and therefore, the detention of the petitioner is not required. Accordingly, learned Counsel for the petitioner prays to allow the bail petition.

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Per contra, learned HCGP has opposed the bail application and prays to dismiss the petition.

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Perusal of the material would go to show that the petitioner who was arraigned as accused No.4 in the present case was earlier granted regular bail by this Court in Crl.P.No.372/2015 vide order dated 31.03.2015. This Court taking into consideration that all the other accused persons were granted bail by this Court in Crl.P.Nos.922/2015, 5547/2014, 254/2015, 7789/2014 and 2414/2014, had granted bail even to the petitioner herein in Crl.P.No.372/2105. It appears that since the

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4 - NC: 2025:KHC:27201 CRL.P No. 9170 of 2025

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HC-KAR

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petitioner had not appeared before the Trial Court on the regular dates of hearing, coercive steps were taken and the presence of the petitioner was secured on 11.12.2023 and on the same day, he was remanded to judicial custody. It is brought to the notice of this Court by the learned Counsel for the petitioner that the trial in the case is already completed and the case is now posted for the purpose of addressing the arguments. Under these circumstances, I am of the opinion that the prayer of the petitioner/accused No.4 for grant of regular bail requires to be answered affirmatively without expressing any opinion on merits / demerits of the case.

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6. Accordingly, the following:

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ORDER

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The Criminal Petition is allowed .

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The petitioner/accused No.4 is directed to be enlarged on bail in S.C.No.23/2014 pending before the

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Court of II Additional District & Sessions Judge at Chikkamgaluru, arising out of Crime No.79/2013

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NC: 2025:KHC:27201 CRL.P No. 9170 of 2025

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HC-KAR

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registered by Sakkarepatna Police Station, for the offences punishable under Sections 302, 201, 149 of IPC, subject to the following conditions:

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a) Petitioner shall execute a 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; and

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

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Sd/-

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(S VISHWAJITH SHETTY) JUDGE

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DL

Ghouse Alias Ghouse Peer v. State by

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Ghouse Alias Ghouse Peer v. State by

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