Karnataka High Court
Shri Vinayak Alias Vilak S/O Shankar ... vs The State Of Karnataka on 22 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:1535
CRL.P No. 100094 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 22ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100094 OF 2024 (439)
BETWEEN:
SHRI VINAYAK @ VILAK
S/O. SHANKAR PRADHAN,
AGE: 43 YEARS, OCC. PRIVATE JOB,
R/O. 3RD CROSS, NEAR VITAL TEMPLE,
MAHADWAR ROAD, BELAGAVI-590003.
...PETITIONER
(BY SRI MAHANTESH S. HIREMATH, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH TILAKWADI POLICE STATION,
R/BY THE STATE OF PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
Digitally
VIJAYALAXMI signed by
M BHAT VIJAYALAXMI
M BHAT
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO GRANT A BAIL TO THE PETITIONER/ACCUSED
NO.2 TILAKWADI POLICE STATION IN CRIME NO.68/2023
DATE 12.06.2023 FOR THE OFFENCES PUNISHABLE U/S 323,
342, 364A, 384, 504, 506 R/W 34 OF IPC WHICH IS PENDING
BEFORE IV JMFC, BELAGAVI IN CC NO.4119/2023 BELAGAVI.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:1535
CRL.P No. 100094 of 2024
ORDER
Accused No.2 in Crime No.68/2023 registered by Tilakawadi Police Station, Belagavi for the offences punishable under Sections 323, 342, 364A, 384, 504 and 506 read with Section 34 of IPC is before this Court under Section 439 of the Cr.P.C.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.68/2023 was registered by Tilakawadi Police Station, Belagavi for the aforesaid offences against one Vishalsingh Chavhan and others on the complaint of Sri Shashikant Gundu Shankargouda dated 12.06.2023.
4. Petitioner was arrayed as accused No.2 in the FIR. During the course of investigation, the petitioner was arrested on 25.09.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet is filed. Petitioner is arrayed as accused No.2 in the charge sheet. Bail application filed by petitioner before the Trial Court in Criminal Miscellaneous No.1430/2023 was rejected on 30.12.2023. Therefore, he is before this Court. -3-
NC: 2024:KHC-D:1535 CRL.P No. 100094 of 2024
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition, submits that accused No.4 has been granted regular bail by this Court in Criminal Petition No.103224/2023. There is inordinate delay in filing the complaint. Accordingly, he prays to allow the petition.
6. Per contra, the learned High Court Government Pleader has opposed the petition. She submits that the petitioner is the person having criminal antecedents, nearly 10 criminal cases have been registered against him. Accordingly, she prays to dismiss the petition.
7. From a perusal of the complaint averments, it is seen that the complainant-Sri Shashikant Gundu Shankargouda had lodged the complaint dated 12.06.2023 at about 20:45 hours in respect of the incident that had allegedly taken place on 01.06.2023. Complainant is an accused in a murder case and he got acquainted with accused Nos.1 and 2 while he was lodged in Hindalaga Jail, Belagavi. The inordinate delay of more than 10 days in filing the complaint has not been properly explained by the -4- NC: 2024:KHC-D:1535 CRL.P No. 100094 of 2024 complainant. In the complaint itself it is stated that the complaint was prepared by an Advocate known to the complainant. Investigation in the case is completed and charge sheet is filed. Merely for the reason that the petitioner is involved in some other criminal cases his prayer for enlarging him on bail cannot be rejected, if otherwise he has made out a case for grant of bail. Accused No.4 has been enlarged on bail in Criminal Petition No.103224/2023 by this Court. In all other criminal cases, the petitioner is said to have been granted bail. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following:
ORDER Petition is allowed. The petitioner/accused No.2 is directed to be enlarged on bail in Crime No.68/2023 registered by Tilakawadi Police Station, Belagavi for the offences punishable under Sections 323, 342, 364A, 384, -5- NC: 2024:KHC-D:1535 CRL.P No. 100094 of 2024 504 and 506 read with Section 34 OF IPC, subject to the following conditions:
i. The petitioner/accused No.2 shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the like-sum to the satisfaction of the jurisdictional Court;
ii. The petitioner/accused No.2 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
iii. The petitioner/accused No.2 shall not directly or indirectly threaten or tamper with the prosecution witnesses;
iv. The petitioner/accused No.2 shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE CKK List No.: 1 Sl No.: 32