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NC: 2023:KHC-K:5846

CRL.P No. 200759 of 2023

IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH

DATED THIS THE 26^TH DAY OF JULY, 2023

BEFORE

THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

CRIMINAL PETITION NO. 200759 OF 2023 (439-)

BETWEEN:

1.

ISHAQ AHAMED, S/O BABUSAHEB SHAIKH

AGED ABOUT 54 YEARS, OCC: PE TEACHER IN VIKAS

KANNADA HIGH SCHOOL,SINDAGI NAKAVIJAYAPURA

R/O. ASAR GALLI, VIJAYAPURA-586101.

…PETITIONER

(BY SRI K. DIWAKAR, SENIOR COUNSEL FOR

SRI ANNARAYA, SRI. ABHISHEK KUMAR AND

SRI ADITYA DIWAKAR, ADVOCATES)

AND:

1.

STATE OF KARNATAKA

BY THE PSI OF GANDHI CHOWK POLICE

REPRESENTED BY ADDL.STATE PUBLIC PROSEUCTOR

HIGH COURT OF KARNATAKA

AT KALABURAGI-585103.

2.

SHOHEBMOHAMMED KUDAGI, S/O RIYAZ AHMED

KUDAGI, AGED ABOUT 32 YEARS, OCC:

GOVERNMENT SERVICE, R/ AT WARD NO.27, ASAR

ROAD, DARABAR GALLI, VIJAYAPURA-586101.

3.

MRS. ATIKA UMES, W/O MUSTAKEEM KUDAGI

AGED ABOUT 22 YEARS, BESIDE YUSF ENGINEER

BUILDING, NAUBAG, VIJAYAPURA-586108.

…RESPONDENTS

(BY SRI GURURAJ V. HASILKAR,HCGP FOR R1;

SRI. SATYANARAYANACHARYA KADLOOR,ADVOCATE FOR R2

SRI. BHIMASHYA TAKKALAKI, ADVOCATE FOR R3 )

Digitally signed by

LUCYGRACE

Location: HIGH

COURT OF

KARNATAKA

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NC: 2023:KHC-K:5846

CRL.P No. 200759 of 2023

THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO

RELEASE THE PETITIONER ON BAIL IN CRIME NO. 27/2022 OF

GANDHI CHOWK POLICE STATION, DIST. VIJAYAPUR, FOR THE

OFFENCES PUNISHABLE U/SEC. 143, 147, 148, 109, 120(B),

302 R/W SEC. 149 OF IPC PENDING BEFORE THE PRINCIPLE

DISTRICT

AND

SESSION

JUDGE,

VIJAYAPURA.

THE

IV

ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIJAYAPURA

HAS REJECTED THE BAIL PETITION IN CRL.MISC NO.901/2022

ON 20.07.2022.

THIS PETITION, COMING ON FOR DICTATION, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

This is a successive bail petition filed under Section 439

of Cr.PC by the accused No.5, who is sought to be prosecuted

for the offences punishable under Sections 143, 147, 148, 109,

120B, 302 read with Section 149 of IPC.

2.

The summary of the charge sheet is that, the

deceased was in love with the daughter of the accused No.1.

Since the family members of the accused Nos.1 and 2 rejected

the proposal, the deceased and the daughter of the accused

No.1 eloped to Bengaluru, and got married. Subsequently, the

family members of the accused No.1 had filed a missing

complaint before the Vijayapura Women Police Station, and

also a private complaint alleging kidnap. However, in the

statement recorded under Section 164 of Cr.PC, the daughter

of the accused No.1 stated that, she married the deceased on

her own volition.

3.

On 15.2.2022, at about 9.30 a.m, the defacto

complainant received a phone call informing that, his brother

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NC: 2023:KHC-K:5846

CRL.P No. 200759 of 2023

has been murdered. On seeing the dead body, there were

injuries on his body.

4.

Sri K Diwakar, learned Senior Counsel for the

petitioner's counsel would submit that, the successive bail

petition is maintainable, since the grounds urged in this petition

were not raised in the earlier petition. He further submits that,

the

entire

case

of

the

prosecution

revolves

around

circumstantial evidence, and the circumstances have to be

proved at the time of trial.

5.

The learned counsel for the defacto complainant

submits that, the successive bail petition is not maintainable,

since the grounds urged herein were considered at the time of

dismissal of the earlier petition. The grant of bail by applying

the principles of parity is not a matter of right, and the

principles can be applied only by taking note of the role of the

accused herein. In support, he places reliance on the decision

of the Hon'ble Supreme Court in the cases of Ramesh Bhavan

Rathod -vs- Vishanbhai Hirabhai Makwana (Koli) and another