Karnataka High Court
Shivaprasad vs The State Of Karnataka on 28 August, 2024
Author: K Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:34538
CRL.P No. 7099 of 2024
C/W CRL.P No. 7198 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.7099 OF 2024
(439(Cr.PC)/483(BNSS))
C/W
CRIMINAL PETITION NO.7198 OF 2024
(439(Cr.PC)/483(BNSS))
IN CRL.P.NO.7099/2024:
BETWEEN:
SHIVAPRASAD
S/O SOMANNA L.,
AGED ABOUT 28 YEARS,
R/O 4TH CROSS,
V.V. NAGAR, KALLAHALLI, MANDYA CITY,
TQ. AND DIST. MANDYA-571-401.
...PETITIONER
(BY SRI. TIGADI VEERANNA GADIGEPPA., ADVOCATE)
Digitally signed by
SHIVALEELA
DATTATRAYA AND:
UDAGI
Location: High
Court Of Karnataka THE STATE OF KARNATAKA
REP BY SUB-INSPECTOR OF POLICE,
MANDYA WEST POLICE STATION,
MANDYA TQ. AND DIST. MANDYA.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
...RESPONDENT
(BY SRI. VINAY MAHADEVAIAH., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C., PRAYING TO ALLOW THE PETITION BY GRANTING HIM
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NC: 2024:KHC:34538
CRL.P No. 7099 of 2024
C/W CRL.P No. 7198 of 2024
BAIL IN MANDYA WEST POLICE STATION CR.NO.70/2021
(SESSIONS CASE NO.84/2021) FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 341,
342, 504, 506, 302 READ WITH SEC. 149 OF IPC, AND SEC. 75
OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN)
ACT, 2015, PENDING ON THE FILES OF THE LEARNED PRL.
DISTRICT AND SESSIONS JUDGE, MANDYA.
IN CRL.P.NO.7198 OF 2024:
BETWEEN:
CHETAN @ CHETANKUMAR,
S/O LATE SHIVANNA M.L..
AGED ABOUT 37 YEARS, R/O 4TH CROSS,
V.V. NAGAR, MANDYA CITY,
TQ. AND DIST. MANDYA-571 401.
...PETITIONER
(BY SRI. TIGADI VEERANNA GADIGEPPA., ADVOCATE)
AND:
THE STATE OF KARNATAKA
REP. BY SUB-INSPECTOR OF POLICE,
MANDYA WEST POLICE STATION,
MANDYA TQ. AND DIST. MANDYA.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU-560 001.
...RESPONDENT
(BY SRI. VINAY MAHADEVAIAH., HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
MANDYA WEST P.S. IN CR.NO.70/2021 S.C.NO.84/2021 FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148,
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NC: 2024:KHC:34538
CRL.P No. 7099 of 2024
C/W CRL.P No. 7198 of 2024
323, 324, 341, 342, 504, 506, 201, 302 READ WITH 149 OF
IPC AND SEC.75 OF JUVENILE JUSTICE (CARE AND
PROTECTION OF CHILDREN) ACT, 2015 PENDING ON THE FILE
OF THE LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE,
MANDYA.
THESE PETITIONS, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
(PER: HON'BLE MR JUSTICE K NATARAJAN) Crl.P.No.7099/2024 is filed by the accused No.6 and Cr.P.No.7198/2024 is filed by the accused No.5 under Section 439 of Cr.P.C. seeking bail in SC No. 84/2021 arising out of Crime No.70/2021 registered by Mandya West Police Station, Mandya District and charge sheeted for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302, 201 read with Section 149 of IPC and Section 75 of Juvenile Justice Act, 2015 Act pending on the file of Prl. District and Sessions Judge, Mandya.
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NC: 2024:KHC:34538 CRL.P No. 7099 of 2024 C/W CRL.P No. 7198 of 2024
2. Heard the learned counsel for the petitioners and learned High Court Government Pleader for the State.
3. Learned counsel for the petitioners contended that the accused Nos.5 and 6 are arrested on 15.04.2021 and the charge sheet is also filed long back. Co-accused persons in the same case are granted bail by this Court. Trial is not yet began, even after lapse of 3 years. Therefore, he seeks for grant of bail.
4. Per contra, learned High Court Government Pleader has objected the petitions.
5. A perusal of the records would go to show that a complaint was lodged by the father of the deceased on 15.04.2021. He alleged that the deceased Darshan and the daughter of accused No.1 were in love with each other. Hence, the daughter of accused No.1 called the deceased to her house and they were in a room. Both of them were found in a compromising position. Then, accused persons caught hold of the deceased and assaulted him with deadly weapons. Thereafter, he was shifted to the hospital, where he was declared dead. -5-
NC: 2024:KHC:34538 CRL.P No. 7099 of 2024 C/W CRL.P No. 7198 of 2024 Accordingly, the FIR was registered against the accused and they were arrested. This Court has already granted bail to accused Nos.2, 14, 16 and 17 in Crl.P.No.3603/2021 vide order dated 02.06.2021. Subsequently, accused Nos.3 and 8 were granted bail in Crl.P.No.8964/2021 vide order dated 10.12.2021. Relying on the same, this Court granted bail to accused Nos.7, 9, 10, 11, 13, 3 and 8 in Crl.P.No.5511/2022 vide order dated 07.07.2022. Except, these two petitioners, all other accused are enlarged on bail. The Trial Court has also not yet begun the trial, even though the charge sheet is filed long back. The petitioners are in custody for almost 3 year and 4 months. Therefore, considering the facts and circumstances of the case, I am of the considered opinion that if the present petitioners are enlarged on bail by imposing certain conditions, no prejudice would be caused to the prosecution. Accordingly, the following order:
ORDER i. The Petitions are allowed.-6-
NC: 2024:KHC:34538 CRL.P No. 7099 of 2024 C/W CRL.P No. 7198 of 2024 ii. Accused Nos.5 and 6/ petitioners are to be enlarged on bail in Crime No.70/2021 registered by Mandya West Police Station, Mandya District and charge sheeted for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302, 201 read with Section 149 of IPC and Section 75 of Juvenile Justice Act, 2015 Act pending on the file of Prl. District and Sessions Judge, Mandya, subject to following conditions:
a. The petitioners shall execute a personal bond for a sum of Rs.5,00,000/- each with two sureties for the satisfaction of the Trial Court.
b. The petitioners shall not indulge in the similar offences.
c. The petitioners shall not tamper with the prosecution witnesses, directly or indirectly.
d. The petitioners shall mark their attendance on 2nd day of every calendar month between 10.00 a.m. to 04.00. p.m. till disposal of this case. If, any of these conditions are violated the prosecution is at liberty to file application for cancellation of bail.
This Court had already given direction in Crl.P.No.10344/2023 vide order dated 04.03.2024 for -7- NC: 2024:KHC:34538 CRL.P No. 7099 of 2024 C/W CRL.P No. 7198 of 2024 speedy disposal and the Trial Court is again directed to dispose of the matter at the earliest in accordance with law.
Sd/-
(K.NATARAJAN) JUDGE NJ List No.: 19 Sl No.: 4 CT:SI