Karnataka High Court
Krishna S/O Mallapa Chulki vs The State Of Karnataka on 29 November, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:13961
CRL.P No. 103104 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 29TH DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103104 OF 2023
BETWEEN:
KRISHNA S/O MALLAPA CHULKI
AGE 35 YEARS, OCCU: AGRICULTURE
R/O JAMMIHAL VILLAGE, TQ KALAGHATAGI
DIST DHARWAD PIN CODE 580114
...PETITIONER
(BY SRI. VASANT.G.HOLEYANNAVAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPT BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD
THROUGH PSI KALAGHTAGI POLICE STATION
VIJAYALAKSHMI
M KANKUPPI KALAGHTAGI PIN CODE 581204
...RESPONDENT
Digitally signed by
VIJAYALAKSHMI M
(BY SMT. GIRIJA S. HIREMATH, HCGP)
KANKUPPI
Date: 2023.12.06
13:28:03 +0530
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C.
SEEKING TO RELEASE OF THE PETITIONER/ACCUSED 4 ON INTERIM
BAIL/REGULAR BAIL IN KALAGHTAGI POLICE STATION CRIME NO.
112/2019 I.E., NOW IN CC NO. 651/2019 I.E., SESSIONS CASE NO.
20/2020 FOR THE OFFENCE U/SEC. 143, 147, 148, 48, 504, 506,
341, 307, 302, 324, 326, 120B, 201 R/W 149 OF IPC AND SEC. 27
OF INDIAN ARMS ACT 1959 WHICH IS NOW PENDING ON THE FILE
OF IV ADDL. DISTRICT AND SESSIONS JUDGE, DHARWAD AND TO
PASS ANY OTHER APPROPRIATE ORDER AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE, IN
THE INTEREST OF JUSTICE AND EQUITY.
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NC: 2023:KHC-D:13961
CRL.P No. 103104 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused No.4 under Section 439 of the Code of Criminal Procedure seeking interim bail/regular bail in Kalaghatagi Police Station Crime No.112/2019 pending in SC No.20/2020 registered for the offences punishable under Sections 143, 147, 148, 448, 504, 506, 341, 307, 302, 324, 326, 120B and 201 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'the IPC', for short) and Section 27 of the Indian Arms Act, 1959.
2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. Earlier the petition filed by this petitioner came to be rejected.
4. The learned counsel appearing for the petitioner submits that earlier this petitioner has been granted bail for -3- NC: 2023:KHC-D:13961 CRL.P No. 103104 of 2023 a limited period of three months in view of his medical condition in Criminal Petition No.101288/2021. He further submits that in spite of he getting treatment, he is still suffering from uncontrolled blood pressure which may lead to complications of brain, eye, kidney and heart. He further submits that the Medical Officer, Central Prison, Dharwad, has advised to continue treatment from cardiologist by his certificate dated 31.10.2023. With this, he prayed for grant of bail for a limited period.
5. The learned High Court Government Pleader would submit that taking into consideration the medical condition of the petitioner, he could be treated in the Government Hospital and prayed to reject the petition.
6. The petitioner has been granted bail for a limited period of three months by this Court by order dated 30.07.2021 passed in Criminal Petition No.101288/2021. After completion of the said period of three months, the petitioner again filed Criminal Petition No.102038/2021 -4- NC: 2023:KHC-D:13961 CRL.P No. 103104 of 2023 seeking temporary bail for another six months which came to be rejected by this Court by order dated 29.10.2021.
7. On perusal of the medical certificate issued by the Medical Officer, Central Prison, Dharwad dated 31.10.2023, even the petitioner was admitted to hospital on several occasions but still he is suffering from Refractory hypertension and Metabolic syndrome and even the petitioner has been taken to Jayadeva Institute of Cardiology for treatment. In the said certificate, the Medical Officer has stated that the petitioner is advised to continue treatment from physician of cardiology department.
8. The learned counsel for the petitioner has produced the documents pertaining to his treatment in KIMS, Hubballi and Jayadeva Hospital Bengaluru.
9. Considering the said aspects and also taking into consideration that, all eyewitnesses are examined, the petitioner is entitled to bail for a limited period of three months.
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NC: 2023:KHC-D:13961 CRL.P No. 103104 of 2023
10. Hence, I pass the following:
ORDER The petition is allowed in part.
The petitioner/accused No.4 is ordered to be released on bail for a limited period of three months in connection with Crime No.112/2019 of Kalghatagi Police Station subject to the following conditions:
i) The petitioner/accused No.4 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum to the satisfaction of the trial Court;
ii) The petitioner/accused No.4 shall not tamper the prosecution witnesses;
iii) The petitioner/accused No.4 shall not enter the Jammihal village, Kalaghatagi taluk;
iv) The petitioner/accused No.4 shall appear before the trial court on the date of hearing.
v) The petitioner/accused No.4 shall voluntarily surrender after completion of 3 months before the jurisdictional Court.-6-
NC: 2023:KHC-D:13961 CRL.P No. 103104 of 2023
vi) The petitioner/accused No.4 shall not seek any extension of bail after completion of three months.
Sd/-
JUDGE kmv