Karnataka High Court
CRL.P/103578/2023 of MR REVANASIDDAPPA S/O SIDDALINGAPPA Vs STATE OF KARNATAKA on 28 December 2023
2023:KHC-D:15015 CRL.P No. 103578 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF DECEMBER, 2023 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103578 OF 2023 (439-) BETWEEN: MR REVANASIDDAPPA S/O SIDDALINGAPPA AGED ABOUT 55 YEARS
Digitally signedbySHIVAKUMARHIREMATHDate: 2024.01.0412:29:21 +0530
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 28[TH] DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR -CRIMINAL PETITION NO. 103578 OF 2023 (439)
BETWEEN:
MR REVANASIDDAPPA S/O SIDDALINGAPPA AGED ABOUT 55 YEARS PRESIDENT OF VIJAYANAGARA DISTRICT KALYANA RAJYA PRAGATHI PAKSHA REAL ESTATE BUSINESS AND AGRICULTURIST R/O NEAR BASAVESHWARA TEMPLE NO. 5, BENKANAHALLI VILLAGE, UJJINI, KOTTUR TALUK, VIJAYANAGARA DISTRICT.
…PETITIONER
(BY SRI. BHARATH KUMAR V., ADVOCATE)
AND:
STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR STATION HOUSE OFFICER, KOTTUR POLICE STATION VIJAYANAGARA DISTRICT HIGH COURT OF KARNATAKA DHARWAD BENCH, DAHRWAD-580011.
…RESPONDENT
(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.PC., SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 HEREIN ON BAIL IN MATTER BEARING CRIME NO FIR NO 218/2023 IN KOTTUR PS REGISTERED WITH THE RESPONDENT POLICE AND PENDING ON THE FILE OF HONBLE COURT OF SR. CIVIL JUDGE AND JMFC KUDLIGI WHEREIN THE PETITIONER HEREIN HAVE BEEN ARRAIGNED AS ACCUSED NO. 1 FOR THE ALLEGED OFFENCES UNDER SECTION 420 AND 506 R/W SECTION 34 OF IPC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Petitioner is sought to be prosecuted for the offence punishable under Sections 420 and 506 R/w. Section 34 of IPC. The FIR was registered against the petitioner alleging that the petitioner is a leader of Bharatiya Janata Party, promised to secure a ticket from the BJP party to contest the Assembly Elections-2023 and introduced accused No.2 who also claimed that he was a political leader of Bharatiya Janata Party. The accused No.2 demanded a sum of Rs.50 lakhs to the informant in order to facilitate the issuance of a ticket in favour of the informant for contesting Karnataka Legislative Assembly Elections-2023. The informant in all transferred a sum of Rs.2,03,00,000/- to the account of accused No.2 through RTGS and part of amount by way of cash to the account of accused No.2. It is further alleged that the petitioner allegedly received a sum of Rs.30 lakhs from the informant at Bengaluru. The accused having collected the amount from the informant promising to secure a ticket did not honor the promise.
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent/ State.
3. The petitioner was apprehended by the police on 27.10.2023. The incident of accused demanding money to secure a ticket to contest the election is from the period 09.10.2022 till 30.04.2023. The FIR was lodged on 19.10.2023. The petitioner is in custody since 27.10.2023. The petitioner was arrested without issuing a notice under Section 41-A of IPC as mandated by the Hon’ble Supreme Court in the case of Arneshkumar Vs. State of Bihar[1]. The voluntary statement of the petitioner is alleged to have been recorded by the Police. The petitioner has filed two private complaints under Section 200 of Cr.P.C for the offence punishable under Sections 323, 324, 504, 506 and 448 of IPC and Sections 499 and 500 of IPC against the informant. Thereafter, the FIR was lodged on 19.10.2023. Therefore, the petitioner has made out a prima facie case to enlarge him on bail. Accordingly, I pass the following:
ORDER
(i) Criminal petition is allowed.
(ii) Petitioner is enlarged on bail in Crime No. 218/2023, registered by the Kottur Police Station on the file of Senior Civil Judge and JMFC, Kudligi, subject to the following conditions:
(a) Petitioner/ accused No.1 shall
furnish a personal bond for a sum of
Rs.1 lakh with one surety for the likesum to the satisfaction of the jurisdictional Court.
(b) He shall appear before the Investigation Officer as and when required. Investigation Officer as and when required.
(c) He shall not threaten or allure the prosecution witnesses in whatsoever manner. prosecution witnesses in whatsoever manner.
(d) He shall not get involved in similar offences. offences.
(e) He shall not leave the territorial limits of the Jurisdictional Police without
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NC: 2023:KHC-D:15015
CRL.P No. 103578 of 2023
prior permission of the Investigation
Officer.
Sd/- JUDGE