Goudappa Aliyas Garadappa S/O Siddappa … vs The State Of Karnataka on 15 February, 2024

Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services — Free for one month.

Karnataka High Court

Goudappa Aliyas Garadappa S/O Siddappa … vs The State Of Karnataka on 15 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                 -1-
                                                        NC: 2024:KHC-D:3603
                                                        CRL.P No. 100340 of 2024




                    IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                          DATED THIS THE 15TH DAY OF FEBRUARY, 2024

                                             BEFORE
                      THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
                       CRIMINAL PETITION NO. 100340 OF 2024 (439)
                   BETWEEN:

                      GOUDAPPA @ GARADAPPA
                      S/O.SIDDAPPA JAWALAGERA,
                      AGE 22 YEARS, OCC. AGRICULTURE,
                      R/O.GUDURU, TQ. KARATAGI,
                      DIST. KOPPAL 583229.
                                                                   ...PETITIONER
                          (BY SRI A. M.MALIPATIL, ADVOCATE)
                   AND:

                      THE STATE OF KARNATAKA
                      THROUGH KARATAGI POLICE STATION
                      R/BY STATE PUBLIC PROSECUTOR
                      HIGH COURT OF KARNATAKA
                      DHARWAD BENCH AT DHARWAD
                                                                  ...RESPONDENT
                          (BY SRI T.P.MALIPATIL, AGA)
Digitally signed
by SUJATA                 THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
SUBHASH
PAMMAR             CR.P.C. SEEKING TO ALLOW THIS PETITION AND SET ASIDE
Date:
2024.02.16         THE ORDER DATED 25.01.2024 PASSED IN S.C.NO.80/2023 BY
11:21:47 +0530
                   THE COURT OF ADDL. DISTRICT AND SESSIONS JUDGE AT
                   KOPPAL (SITTING AT GANGAVATHI) IN S.C.NO. 80/2023
                   (ARISING OUT OF CRIME NO. 145/2023 OF KARATAGI POLICE
                   STATION) FOR THE OFFENCES P/U/SEC. 302, 120B, 34 OF IPC,
                   1860    AND   ENLARGE   THE    PETITIONER/ACCUSED       NO.1
                   REGULAR BAIL.
                             -2-
                                  NC: 2024:KHC-D:3603
                                  CRL.P No. 100340 of 2024




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                         ORDER

Accused No.1 in S.C.No.80/2023 pending before the

Court of Additional District and Sessions Judge, Koppal

sitting at Gangavathi arising out of Crime No.145/2023

registered by Karatagi Police Station, Koppal district for

the offences punishable under Sections 302, 120B r/w 34

of Indian Penal Code is before this Court under Section

439 of Cr.P.C.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.145/2023 was registered by

Karatagi Police Station, Koppal district for the offences

punishable under Sections 302, 120B r/w 34 of IPC

against unknown persons on the basis of the complaint

lodged by Smt. Hanumanthamma. During the course of

investigation of the case, the petitioner herein was

arrested on 03.08.2023. Investigation in the case is

completed and charge sheet has been filed. The petitioner

is arrayed as accused No.1 in the charge sheet. Bail
-3-
NC: 2024:KHC-D:3603
CRL.P No. 100340 of 2024

application filed by the petitioner before the Court of the

Addl. District and Sessions Judge at Koppal sitting at

Gangavathi in S.C.No.80/2023 was rejected on

25.01.2024. Therefore, he is before this Court.

4. Learned counsel for the petitioner having reiterated

the grounds urged in the petition, submits that accused

No.2 has been granted regular bail by this Court in

Criminal Petition No.100039/2024. Accordingly, he prays

to allow the petition.

5. Per contra, the learned High Court Government

Pleader has opposed the bail petition.

6. FIR in Crime No.145/2023 was registered on the

complaint of Smt. Hanumanthamma, who is the mother of

deceased-Raghavendra Reddy, against unknown persons.

During the course of investigation, petitioner and accused

No.2 were arrested on 03.08.2023. Investigation in the

case is completed and charge sheet has been filed. The

entire case of the prosecution is based on circumstantial

evidence. The allegation against the accused in the charge

sheet is that since deceased-Raghavendra Reddy had illicit
-4-
NC: 2024:KHC-D:3603
CRL.P No. 100340 of 2024

relationship with the mother of accused No.1, accused

Nos.1 and 2 had conspired to commit the murder of

Raghavendra Reddy. In furtherance of such conspiracy, on

31.07.2023 they had intercepted the motorbike in which

the deceased was riding and thereafter accused No.1

allegedly had assaulted the deceased on his head with a

wooden log, while accused No.2 had instigated him to

commit the murder. Petitioner is in custody from

03.08.2023. Accused No.2 has been granted regular bail

by this Court in Criminal Petition No.100039/2024.

Petitioner has no criminal antecedents and he is aged

about 22 years. 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.1 is

directed to be enlarged on bail in S.C.No.80/2023 pending

before the Court of Additional District and Sessions Judge,

Koppal sitting at Gangavati arising out of Crime
-5-
NC: 2024:KHC-D:3603
CRL.P No. 100340 of 2024

No.145/2023 registered by Karatagi Police Station, Koppal

district for the offences punishable under Sections 302,

120B r/w 34 of Indian Penal Code, subject to the following

conditions:

i. The petitioner/accused No.1 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.1 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.1 shall not directly
or indirectly threaten or tamper with the
prosecution witnesses;

iv. The petitioner/accused No.1 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/AC
List No.: 1 Sl No.: 16

[ad_2]

Add a Comment

Your email address will not be published. Required fields are marked *