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Karnataka Court March 2012 Judgments

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Mar 02 2012

H. Gopalakrishna Shetty and Another Vs. Ministry of Transport and Nati ...

Court: Karnataka

Decided on: Mar-02-2012

1. First petitioner is the owner of the land bearing Sy. No. 24/1A2 renumbered as Sy. Nos. 24/1A2P1 measuring 64 cents. 24/1A2P2, measuring 72 cents and 24/1A2P3, measuring 86 cents. The said lands No.17 from 283/300 to 348/500 Kundapur to Suratkal Section to an extent of 60 mtrs. The preliminary notification was issued on 14-9-2009 as per Annexure-J and the final notification is issued on 2-7-2010 as per Annexure-K in respect of the acquisition of the aforementioned lands. The acquisition notifications are called in question in these writ petitions on the ground that the respondents have acquired the properties of the petitioners to an extent of more than 30 mtrs. on one side of the road from the centre of National Highway No.17 at Pandeshwara Village, Udupi Taluk and District. The petitioners have also sought for quashing the order at Annexures-G and H, both dated 7-1-2010 passed by the second respondent by which the statement of objections filed by the petitioners to the preliminary...


Mar 01 2012

Mani Varma Mani Son of Late Gopal. Vs. the State of KarnatakA.

Court: Karnataka

Decided on: Mar-01-2012

1. Petitioners are accused No.1 and 2. They have been charge-sheeted for the offences punishable under Sections 302, 397 r/w Section 34 of IPC.2. Accused No.1 was known to the deceased. He was in financial difficulties and he demanded money from the deceased. Deceased refused to pay, however, he had noticed that the deceased was wearing Mangalya Chain weighing 39 grams. He hatched a plan and on 30.06 2011, at about 10.30 a.m. he went to the house of the deceased and gagged her mouth with the assistance of accused No,2, assaulted and robbed the gold chain.3. On investigation, the police have filed the charge-sheet. During course of the investigation, place recovered 32 grams gold chain from the accused No.1. It is also stated that from accused No.2, 7 grams chain was recovered. Robbery was in respect of only chain.4. Considering that the accused No.1 has some motived, accused No.2 could be granted bail.5. Accordingly, the petition is partly allowed. The petitioner against the petitioner...


Mar 01 2012

Chikka at Veerachirza Son of Vasanthaiah. Vs. the State of KarnatakA.

Court: Karnataka

Decided on: Mar-01-2012

1. The petitioner is Accused No.4. He has been charge-sheeted along with the other accused for the offences punishable tinder Sections 143, 147, 148, 114, 302, 307,120(B), 301 r/w Section 149 of IPC.2. Learned counsel for the petitioner submitted that the accused Nos.2, 5, 7 and 9 hew been enlarged on bail.3. The entire case of the prosecution is based on the circumstantial evidence. Initially, the complaint has been registered against the unknown persons.4. Considering the grant of bail to other accused, I find that the petitioner could be enlarged on bail subject to certain conditions.5. Accordingly, the petition is allowed. Petitioner is enlarged on bail subject to the following conditions:(i) The petitioner shall execute a personal bond for Rs.25.000/- with two solvent sureties for the like sum to the satisfaction of the Trial Court.(ii) The petitioner shall regular attend the Court on hearing data.(iii) The petitioner shall not tamper with the prosecution witnesses....


Mar 01 2012

Mahesha Amu Son of Kalaiah, Lorry Driver. Vs. the Station House Office ...

Court: Karnataka

Decided on: Mar-01-2012

1. The petitioner in these petitions is accused No.3 in Crime Nos. 197/2009 at 193/2009 registered by Bellur Police, Nagamangala Taluk, Mandya District, for an offence punishable under Section 384 of IPC end 392 of IPC respective On investigation, charge-sheet is filed for the offences punishable under Sections 392, 397 of IPC.2. Petitioner was granted anticipatory ball in both the case However, there was a delay in appearing in one of the cases, as a result of which, he voluntarily surrendered before the Court On his surrender, the regular bail application was rejected.3. Considering that he was granted anticipatory bail arid he was voluntarily surrendered before Of Court, I find that the petitioner could be enlarged on bail subject to certain conditions.4. Accordingly, both the petitions are allowed. Petitioner in both the petitioner is enlarged on bail subject to the following conditions:(i) The petitioner shall execute a personal bond for Rs.35,000/- each with two solvent sureties ...


Mar 01 2012

Hemanth Kumar Vs. the State of KarnatakA.

Court: Karnataka

Decided on: Mar-01-2012

1. The petitioner m accused No.1. He has been charge-sheeted for the offered punishable under Section. 395, 397 of IPC.2. From this accused, there m recovery of knife. Similar by placed accused lfcff.3, 4 and 5 have been enlarged on bail by this Court in Criminal Petition No.389/ 2012, dated 07.02.2012.3. Having regard to the same, I find that the petitioner has be enlarged on bail subject to certain conditions.4. Accordingly, the petition is allowed. Petitioner is enlarged on bail subject to the following conditions:(i) The petitioner shall execute a personal bond for Rs .25,000/- with two solvent sureties for the Hlees sum to the satisfaction of the Trial Court.(ii) The petitioner shall regularly attend the Court on hearing dates.(iii) The petitioner shall not tamper with the prosecution without....


Mar 01 2012

K N Shivaraj Son of Narayana Swamy Vs. State by Sulibele Police

Court: Karnataka

Decided on: Mar-01-2012

1. Petitioners are accused NOA. 9 and 14 in S.C.No. 133/2009 of Sulibele Police Station, for the offences punishable under Section 143, 147, 146, 341, 302, 306, 120B r/w Section 149 of IFC.2. Learned Counsel for the petitioners submits that these accused have been in judicial custody since 19.11.2009 and the prosecution has examined 23 witnesses, from amongst 23 witnesses, except PW1-Complainant no order witnesses have supported the prosecution case and two Presiding Officers are tramierred on promotion. He also submitted that the other accused Le., accused Nos. 3,5, 6, 10 and 12 have been enlarged on bail by this Court and learned Sessions Court.3. Considering the length of the Judicial custody and mho trial being almost over, I find that these petitioners could be granted bail subject to certain conditions.4. Accordingly, the petition is allowed. Petitioners are enlarged on bail subject to the following conditions:(i) The pensioners shall execute a personal bond for Rs.25,000/- each ...


Mar 01 2012

K N Shivashankar Son of Narashimaiah Vs. the Police Inspector Rajajina ...

Court: Karnataka

Decided on: Mar-01-2012

1. The petitioner is accused No.1, He has been charge-sheeted for the offences punishable under Sections 498(A), 304(B) r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.2. The allegation a that, this petitioner and accused No .2 to 4 were harassing the deceased in connection with the demand of dowry, as a result of which, she committed suicide by pouring Kerosene and lilting fire on 06.07.2006.3. No doubt, incident had occurred in front of the house of the petitioner, however, ha has been in judicial custody for four months and the other accused against whom similar allegations are made haw been enlarged.4. Having regard to the same, I find that the petitioner could also be enlarged on bail subject 10 certain conditions.5. Accordingly, the petition is allowed. Petitioner is enlarged on bail subject to the following conditions:(i) The petitioner that execute a personal bond for Rs.25,000/- with two solvent sureties for the tike sum to the satisfaction of the Trial Cou...


Mar 01 2012

Prakash at Gunda Son of Jayaram. Vs. State by Thilaknagar Police Stati ...

Court: Karnataka

Decided on: Mar-01-2012

1. Petitioners are accused Nos.4 and 5 in Crime No.330/2011 registered by Thilaknagar Police, Bangalore City, for the offences punishable under Sections 399 -402 of IPC.2. No doubt it is submitted that three other cases are registered against those petitioners, however, they have been enlarged on bail in those cases. Even in this case also the other accused Le., accused Nos.1, 2 and 5 have been enlarged on bail.3. Having regard to the same, I find that these petitioners could also be enlarged on bail subject to certain conditions.4. Accordingly, the petition is allowed. Petitioners are enlarged on bail subject to the following conditions:(i) The petitioners shall execute a personal bond for Ra.25,000/- each with two solvent sureties for the like sum to the satisfaction of the Trial Court.(ii) The petitioners shall regularly attend the Court on hearing dates.(iii) The petitioners shall not tamper with the prosecution witnesses....


Mar 01 2012

Hemanth Kumar H.S. at Shiva Son of Subbe GowdA. Vs. the State of Karna ...

Court: Karnataka

Decided on: Mar-01-2012

1. The petitioner is accused No.6 in Crime No.581/2010 registered by Nelamangala police, Bangalore city. He has been charge sheeted for the offence punishable under Sections 143, 147, 148, 341, 307, 302, 109, 120(B), 506 read with 149 of IPC further read with Sections 25 and 27 of Indian Arms Act and Sections 3 and 4 of Explosive Substances Act.2. The incident had occurred on 3.7.2010. and on the same night, complaint is filed. On the next day, inquest is conducted and statement of one eyewitness is recorded. However, he did not reveal the name of the petitioner. Thereafter, upto 19.10.2010, statement of eyewitnesses CWs-1 to 9 were recorded.   However, they did not reveal the name of the petitioner. But, in the further statement, name of the petitioner has been revealed.3. Considering the nature of allegation, circumstances, filing of the charge sheet and the petitioner being in judicial custody for quite some time, I find that the petitioner could be enlarged on bail.4. Acc...


Mar 01 2012

Sri. Mahendra Son of Late Shankaraiah. Vs. State by Rajagopalanagar Po ...

Court: Karnataka

Decided on: Mar-01-2012

1. The petitioner it accused No.5 in Crime No.90/2012 registered by Rajagopal Nagar Police Bangalore City, for the offences punishable tinder Sections 399, 402 of IPC.2. On suspicion, this petitioner has been arrested. Learned counsel for the petitioner submits that the other accused i.e., accused Nos.1 and 2 have been enlarged on bail.3. Having regard to the same, I find that the petitioner could be enlarged on bail subject to certain.4. According, the petition is allowed. Petitioner is enlarged on bail subject to the following conditions:(i) The petitioner shall execute a personal bond for Rs 25,000/- with two solvent sureties for the like sum to the satisfaction of the Trial Court.(ii) The petitioner shall regularly attend the Court on hearing dates.(iii) The petitioner shall net tamper with the prosecution witnesses....


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