Karnataka High Court
Sri. Shridhar S/O. Mahadev Doni vs The State Of Karnataka on 24 May, 2023
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 100648 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 24TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 100648 OF 2023
BETWEEN:
1. SRI. SHRIDHAR
S/O. MAHADEV DONI
AGE. 33 YEARS,
OCC. CLOTH BUSINESS,
R/O. GANGA DHABA, JYOTI NAGAR,
HONAGA,
BELAGAVI TALUKA,
DIST. BELAGAVI.
...PETITIONER
(BY SRI. SEEMA S NAIK.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SUB-INSPECTOR OF POLICE
KHANAPUR POLICE STATION,
BELAGAVI, DIST. BELAGAVI,
REPRESENTED BY THE
Digitally signed
STATE PUBLIC PROSECUTOR
by
VIJAYALAKSHMI
VIJAYALAKSHMI
M KANKUPPI
Location: high
HIGH COURT OF KARNATAKA
M KANKUPPI
court karnataka
Dharwad bench
Date: 2023.05.31
14:53:33 +0530
DHARWAD BENCH
...RESPONDENT
(BY SRI. B.J. ROHITH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. SEEKING TO RELEASE THE PETITIONER/ACCUSED NO.9 ON
BAIL IN CRIME NO. 220/2021 OF KHANAPUR P.S. FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 302, 201, 120B, 341,
364, 388 READ WITH SECTION 149 OF IPC AND SECTION 27 OF
INDIAN ARMS ACT, PENDING ON THE FILE OF VIII ADDL. DISTRICT
AND SESSIONS JUDGE, BELAGAVI, IN SC NO. 07/2022 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 100648 of 2023
ORDER
This successive bail petition is filed by the petitioner- accused No.9 under Section 439 of Cr.P.C. for granting regular bail in S.C.No.7/2022 registered by Khanapur Police Station, Belagavi District in Crime No.220/2021 and charge sheeted for the offences punishable under Sections 120B, 341, 364, 388, 302, 201 read with Section 149 of IPC and Section 27 of the Indian Arms Act.
2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that the complainant one Najeema Shaikh, the mother of the deceased-Arbaz Aftab Mulla filed a complaint against accused Nos.1, 2, 3 and 10 alleging that the daughter of accused Nos.1 and 2 namely Shweta developed love affair with the deceased-Arbaz and accused Nos.1 and 2 opposed the same. Therefore, they left Shweta-CW.47 in the house of the sister of accused No.2- Susheela. Accused No.8 said to be the cousin brother of the Shweta said to be conspired with accused No.9-the present petitioner and also accused Nos.1 and 2 and gave supari to kill -3- CRL.P No. 100648 of 2023 the deceased. Accordingly, accused Nos.1 and 2 said to be given supari of Rs.5,00,000/-, then, accused Nos.3, 4 and 10 abducted the deceased, committed murder, decapitated the head and thrown the dead body on the railway track to destroy the evidence. During the investigation, the petitioner was arrested on 28.09.2021 and remanded to the judicial custody. His earlier bail petition came to be rejected by this Court on 27.05.2022. Once again the petitioner is before this Court on the additional grounds.
4. Having heard the arguments and on perusal of the records, which reveals, of course, the allegation against this petitioner is that he has conspired with accused No.8 who is the cousin brother of Shweta-CW.47 and they warned them, but they continuously loving each other. Therefore, accused Nos.1 and 2 conspired with accused No.8 and this petitioner and gave supari to accused No.3, accordingly, the deceased was abducted and committed murder by the accused persons. The Co-ordinate Bench of this Court in Crl.P.No.102533/2022 has granted bail to accused No.8 who is one of the conspirator and based upon the parity ground, accused No.2 also granted bail by another the Co-ordinate Bench of this Court in -4- CRL.P No. 100648 of 2023 Crl.P.No.103360/2022. This petitioner is in custody for more than 1½ years. The co-accused persons who were having similar allegations of conspiracy have been granted bail by the Co-ordinate Benches of this Court. The investigation is completed long back and charge-sheet has been filed and the case has been committed to the Court of Sessions. On the ground of parity, this petitioner is also entitled for bail.
5. Accordingly, criminal petition is allowed. The Trial Court is directed to release the petitioner- accused No.9 on bail in S.C.No.7/2022 (in Crime No.220/2021) registered by Khanapur Police Station, Belagavi District, subject to the following conditions:
(i) Petitioner-accused No.9 shall execute a personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakh only) with two sureties for the likesum to the satisfaction of the trial Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; -5- CRL.P No. 100648 of 2023
(iv) Petitioner shall take trial without causing any delay.
If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.
Sd/-
JUDGE GBB List No.: 19 Sl No.: 3