Karnataka High Court
Laxman R @ Sainadi vs State Of Karnataka By on 18 December, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:46056
CRL.P No. 9562 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 9562 OF 2023
BETWEEN:
LAXMAN R @ SAINADI,
S/O LATE RAMAIAH,
AGED ABOUT 31 YEARS,
R/AT 3RD CROSS,
NEAR HOSAMANE
AMBEDKAR SAMUDHAYA BHAVANA,
SHIVAMOGGA.
...PETITIONER
(BY SRI. SANDESH CHOUTA, ADVOCATE FOR
SRI. SUNIL KUMAR S., ADVOCATE)
AND:
Digitally signed
by B A
KRISHNA STATE OF KARNATAKA BY
KUMAR
Location: HIGH DODDAPETE P.S.,
COURT OF REPRESENTED BY LD.
KARNATAKA
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P IS FILED U/S 439 OF CR.PC PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN S.C.NO.149/2019
(CR.NO.543/2018) OF DODDAPETE P.S., SHIVAMOGGA
DISTRICT FOR THE OFFENCE P/U/S
120B,115,427,143,144,147,148,324,302 R/W 149 OF IPC NOW
PENDING BEFORE THE COURT OF THE I ADDL.DISTRICT AND
SESSIONS JUDGE AT SHIVAMOGGA C/C III ADDL.DISTRICT
AND SESSIONS JUDGE AT SHIVAMOGGA.
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NC: 2023:KHC:46056
CRL.P No. 9562 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.4 in S.C.No.149/2019 pending before the
Court of III Additional District and Sessions Court,
Shivamogga arising out of Crime No.543/2018 registered
by Doddapete Police Station, Shivamogga for the offences
punishable under Sections 120-B, 115, 427, 143, 144,
147, 148, 324, 302 and 149 of IPC is before this Court
under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. F.I.R., in Crime No.543/2018 was registered by
Doddapete Police Station, Shivamogga for the offences
punishable under Sections 143, 147, 148, 324, 307, 302
and 149 of IPC against 8 to 9 unknown persons, on the
basis of the complaint lodged by J.Sridhara s/o Jagadeesh
on 11.09.2018. During the course of investigation of the
case, petitioner was arrested on 16.03.2020.
Investigation in the case is completed and charge sheet
has been filed as against 12 accused persons. Petitioner
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has been arraigned as accused No.4 in the charge sheet.
His bail application filed before the trial Court in
S.C.No.149/2019 was rejected on 06.03.2023. Therefore,
petitioner is before this Court.
4. Learned Senior counsel appearing on behalf of
the petitioner submits that except accused Nos.1 and 4, all
the other accused have been granted regular bail by the
trial Court. He submits that accused No.2 has died
pending trial and the case against him is dismissed as
abated. The allegations against accused Nos.3 to 11 are
identical. P.Ws.1 to 4 who are the eye-witness to the
incident have turned hostile. Prosecution has already
examined 11 witnesses before the trial Court. The other
case registered against the petitioner for allegedly
assaulting the Investigation Officer and his staff at the
time of arresting him in the present case has ended up in
acquittal in S.C.No.58/2021. Accordingly, he prays to
allow the petition.
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5. Per contra, the learned HCGP has opposed the
bail application. He submits that petitioner is a history
sheeter and at this stage, if the petitioner is granted bail
he may tamper with the prosecution witnesses.
Accordingly, he prays to dismiss the petition.
6. As per the charge sheet allegations C.W.-1
Sridhar and deceased Girish alias Market Giri were friends
and they were indulge in real estate business. On
11.09.2018 at about 8.30 pm, when C.W.1, deceased
Girish and C.W.2-Manjunath were sitting in the Maruti
Swift car which was newly purchased by C.W.2, near
Surya Comfort at Durgigudi, Shivamogga, C.W.1 got down
from the car for the purpose of attending a phone call, at
that time 8 to 10 persons who had covered their face with
monkey cap came there and started assaulting Girish.
When C.W.2 tried to intervene they also allegedly
assaulted C.W.2-Manjunath and ran away from the spot.
Thereafter, C.W.1 allegedly came to the spot after hearing
the noise and he found that Girish alias Market Giri had
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succumbed to the injuries suffered, as a result of assault
made by the accused persons. It is in this background,
complaint was filed. During the course of investigation,
accused persons were arrested. From a reading of the
charge sheet allegations, it is seen that allegation against
the accused Nos.3 to 11 is that they had personally
participated in the crime that had taken place on
11.09.2018 and they were the actual assailants who had
assaulted Girish alias Market Giri. P.Ws.1 and 4 who are
the alleged eye-witness to the incident have completely
turned hostile to the case of prosecution. The prosecution
all together has examined 11 witnesses in S.C.
No.149/2019 till date. Petitioner is in custody from
16.03.2020. Except petitioner and accused No.1, all the
other accused have been enlarged on bail by the trial
Court. Accused Nos.3 and 5 to 11 as against whom
similar allegations were found in the charge sheet have
been enlarged on bail. The submission made by the
learned Senior counsel for the petitioner that petitioner
has been acquitted by the trail Court in S.C.No.58/2021
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which was registered against him for allegedly assaulting
the Investigation Officer and his staff at the time of
arresting him in the present case has not been seriously
disputed by the learned HCGP. Copy of the judgment and
order passed by in S.C.No.58/2021 has been made
available to the Court by the learned Senior counsel for
the petitioner. Under these circumstances, I am of the
opinion that prayer made by the petitioner for grant of
regular bail is required to be answered in affirmative.
Accordingly, the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in
S.C.No.149/2019 pending before the Court of III
Additional District and Sessions Court, Shivamogga arising
out of Crime No.543/2018 registered by Doddapete Police
Station, Shivamogga for the offences punishable under
Sections 120-B, 115, 427, 143, 144, 147, 148, 324, 302
and 149 of IPC subject to the following conditions:
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a) The petitioner shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two sureties for
the likesum, to the satisfaction of the
jurisdictional Court;
b) The petitioner shall appear regularly
on all the dates of hearing before the Trial
Court unless the Trial Court exempts his
appearance for valid reasons;
c) The petitioner shall not directly or
indirectly threaten or tamper with the
prosecution witnesses;
d) The petitioner shall not leave the
jurisdiction of the Trial Court without
permission of the said Court until the case
registered against him is disposed off.
e) The petitioner shall not involve in
similar offences in future.
SD/-
JUDGE
GPG
CT:SNN
