Karnataka High Court
Sanotsh @ Satish S/O Ananthkumar ... vs The State Of Karnataka Through on 24 May, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 200359 of 2023
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 200359 OF 2023 (439-)
BETWEEN:
1. SANTOSH @ SATISH S/O ANANTHKUMAR ALMELKAR
@ CHALWADI, AGE. 40 YEARS,
OCC. COOLIE, R/O JUMANAL,
TQ AND DIST VIJAYAPURA
...PETITIONER
(BY SRI. SHIVANAND V PATTANASHETTI.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA THROUGH
R/BY ADDL SPP KALABURAGI BENCH 585 107
(THROUGH VIJAYAPURA RURAL PS
DIST VIJAYAPURA)
...RESPONDENT
(BY SRI GURURAJ V HASILKAR, HCGP)
Digitally signed
by LUCYGRACE THIS CRL.P. FILED U/S. 439 OF CR.P.C BY THE
Location: High
Court of ADVOCATE FOR THE PETITIONER PRAYING THAT THIS
Karnataka
HONOURABLE COURT MAY BE PLEASED TO, RELEASE THE
PETITIONER ON BAIL IN CRIME No. 73/2013 OF BIJAPUR
RURAL POLICE STATION, DIST. BIJAPUR, FOR THE OFFENCES
PUNISHABLE U/SEC. 143, 147, 148, 323, 324, 307, 504,
506(2) R/W 149 OF IPC PENDING BEFORE THE I ADDL.
DISTRICT AND SESSIONS JUDGE VIJAYAPURA.THE 1st
ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIJAYAPURA
HAS REJECTED THE BAIL PETITION IN CRL.MISC.NO.268/2023
ON 02.03.2023.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 200359 of 2023
ORDER
This petition under Section 439 of Cr.PC is filed to enlarge the petitioner - accused No.1 in split charge sheet in SC No.30/2023 arising out of Crime No.73/2023 registered by the Bijapur Rural Police Station for the offences punishable under Sections 143, 147, 148, 149, 307, 323, 324, 506(2) of IPC.
2. Heard the learned counsel for the petitioner - accused No.1 and the learned High Court Government Pleader for the respondent - State.
3. The split charge sheet is filed against the accused herein stating that he was absconding, and after the charge sheet was laid, the learned Sessions Judge secured his presence by issuing proclamation notice. The petitioner's contention is that he was not aware of the registration of FIR nor any notice was issued by the police calling upon him to participate/appear in the investigation. A specific allegation against the petitioner -accused No.1 is that he had assaulted the brother of the defacto complainant on his hands and legs with the stick, and the accused No.1 who is alleged to have assaulted with axe has been enlarged on bail. The petitioner - accused No.1 has made out a prima facie case to enlarge him on bail. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The petitioner - accused No.1 shall be enlarged on bail in split charge sheet arising out of Crime No.73/2023 -3- CRL.P No. 200359 of 2023 registered by the Bijapur Rural Police Station for the offences punishable under Sections 143, 147, 148, 149, 307, 323, 324, 506(2) of IPC pending on the file of the I Additional District and Sessions Judge, Vijapura, subject to following conditions:
a) Petitioner - accused No.1 shall execute personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of jurisdictional Court.
b) He shall furnish proof of his residential address and shall inform the Court, if there is any change in the address.
c) He shall not tamper with the prosecution evidence/witnesses either directly or indirectly.
d) He shall not leave the jurisdiction of the Trial Court without prior permission of the learned Sessions Judge.
e) He shall not involve any criminal activities.
f) He shall appear before the Trial Court on all dates of hearing without fail unless exempted for any genuine reasons.
Sd/-
JUDGE BKM List No.: 1 Sl No.: 22