Shri. Akshyakumar S/O Nagappa Konkeri vs The State Of Karnataka on 19 February, 2024

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Karnataka High Court

Shri. Akshyakumar S/O Nagappa Konkeri vs The State Of Karnataka on 19 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                     -1-
                                                             NC: 2024:KHC-D:3859
                                                             CRL.P No. 100274 of 2024




                         IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                              DATED THIS THE 19TH DAY OF FEBRUARY, 2024

                                                   BEFORE

                             THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                                 CRIMINAL PETITION NO. 100274 OF 2024

                      BETWEEN:
                      SHRI AKSHYAKUMAR S/O NAGAPPA KONKERI,
                      AGE: 23 YEARS, OCC: PVT. SERVICE,
                      R/O. KAVALPETH, SULEBHAVI,
                      TQ.DIST. BELAGAVI-591108.

                                                                             ...PETITIONER
                      (BY SRI. PRAVEEN A. KAROSHI, ADVOCATE)


                      AND:
                      THE STATE OF KARNATAKA,
                      R/BY HCGP, DHARWAD BENCH,
                      THROUGH MARIHAL PS,
                      DIST: BELAGAVI.

                                                                         ...RESPONDENT
ANNAPURNA
CHINNAPPA             (BY SMT. GIRIJA S. HIREMATH, ADVOCATE)
DANDAGAL

Digitally signed by          THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
ANNAPURNA
CHINNAPPA
DANDAGAL              SEEKING TO THAT BENEFIT PROVIDED U/S 439 OF CR.P.C. MAY BE
Date: 2024.02.20
10:51:34 +0530
                      GIVEN THIS PETITIONER/ACCUSED NO.2 MAY BE ORDERED TO BE
                      RELEASED    ON   BAIL   IN   MARIHAL    P.S.   CRIME    NO.80/2023
                      PUNISHABLE U/S 302, 120B, 34 OF IPC, AND THE TRAIL WAS
                      PENDING BEFORE THE XI ADDL. DISTRICT AND SESSIONS JUDGE,
                      BELAGAVI AT BELAGAVI IN S.C. NO.131/2023.


                             THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
                      COURT MADE THE FOLLOWING:
                                -2-
                                     NC: 2024:KHC-D:3859
                                     CRL.P No. 100274 of 2024




                            ORDER

1. Accused No.2 in S.C.No.131/2023 pending before

the Court of XI Additional District and Sessions Judge, Belagavi,

arising out of Crime No.80/2023 registered by Marihal Police

Station, Belagavi District for the offences punishable under

Sections 120B and 302 read with Section 34 of IPC is before

this Court under Section 439 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.80/2023 was registered by Marihal

Police Station, District Belagavi, against petitioner and another

for the offences punishable under Sections 120B and 302 read

with Section 34 of IPC on the basis of complaint lodged by Sri

Santosh Karalingannavar on 19.05.2023. In the said complaint,

it is averred that complainant was informed on 19.05.2023 at

about 6.45 a.m. by Basanagouda Irappa Patil who is from his

village that on the night of 18.05.2023, petitioner-Akshay

Kumar Nagappa and his friend Rajesab Hanif Mulla had

assaulted and murdered complainant’s brother-Mahantesh in

front of the school in their village. Complainant immediately

went to the spot and after seeing the dead body of his brother-
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NC: 2024:KHC-D:3859
CRL.P No. 100274 of 2024

Mahantesh had approached the Police and lodged the complaint

at about 8.30 a.m. which had resulted in registering Crime

No.80/2023 against the petitioner and Rajesab.

4. During the course of investigation, the petitioner

was arrested on 19.05.2023. 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 him

before the Court of XI Additional District and Sessions Judge,

Belagavi in Criminal Miscellaneous No.1446/2023 was rejected

on 16.12.2023. Therefore, he is before this Court.

5. Learned counsel for the petitioner submits that

accused nos.1 & 3 have been already granted regular bail by

this Court in Crl.P.No.100332/2024 & Crl.P.No.103592/2023,

respectively.

6. Learned HCGP does not dispute the submission

made by the learned Counsel for the petitioner.

7. The allegation in the charge sheet is, that accused

nos.1 & 2 had conspired to murder Mahantesh, who is the

brother of the complainant. On 18.05.2023 at about 9.30 p.m.

when Mahantesh was sitting along with CW-10 near the school
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CRL.P No. 100274 of 2024

in their village, accused Nos.1 and 2 who came there in the

motorbike along with accused No.3, had assaulted Mahantesh

with Talavar and had committed the murder. The allegations

against accused nos.1 & 2 are similar. Accused no.1 has been

granted regular bail by this Court in Crl.P.No.100332/2024

disposed of on 15.02.2024. It is also not in dispute that

accused no.3 also has been granted bail by this Court in

Crl.P.No.103592/2024 disposed of on 16.01.2024. Under the

circumstances, I am of the opinion that on the ground of parity,

accused nos.2 is also entitled for the relief sought for by him in

this petition. Accordingly, the following order:

8. Petition is allowed. The petitioner/accused No.2 is

directed to be enlarged on bail in S.C.No.131/2023 pending

before the Court of XI Additional District and Sessions Judge,

Belagavi arising out of Crime No.80/2023 registered by Marihal

Police Station, Belagavi District for the offences punishable

under Sections 120B and 302 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
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CRL.P No. 100274 of 2024

two 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

KK
CT:GSM
List No.: 1 Sl No.: 21

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