Court : Supreme Court of India
Decided on : Jun-19-2020
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.452 OF2020(ARISING OUT OF SLP (CRL.) NO.2433/2020) S.KASI ...APPELLANT(S) VERSUS STATE THROUGH THE INSPECTOR OF POLICE SAMAYNALLUR POLICE STATION MADURAI DISTRICT ...RESPONDENT(S) JUDGMENT BHUSHAN,J.ASHOK This appeal has been filed questioning the judgment of Madurai Bench of Madras High Court dated 11.05.2020 in Crl.OP(MD) No.5296 of 2020 by which judgment the bail application of the appellant has been dismissed.2. Brief facts giving rise to this appeal are: - 2.1. The appellant is an accused in Crime No.495 of 2015 under Sections 457, 380, 457(2), 380(2), 411(2) and 414(2) of Indian Penal Code. The appellant was arrested on 21.02.2020 in the above case 2 and lodged in Central Prison, Trichy. The bail application of the appellant under Section 439 was rejected by the trial court on 30.04.2020. After being in judicial custody for more than 73 days, the appellant filed an application Crl.OP(MD)...
Tag this Judgment!Court : Karnataka
Decided on : Dec-23-2020
R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE23D DAY OF DECEMBER, 2020 PRESENT THE HON' BLE MR. JUSTICE B. VEERAPPA AND THE HONBLE MR. JUSTICE K.NATARAJAN CRIMINAL APPEAL No.1459/2019 BETWEEN: GOVINDARAJU @ KUTTI S/O BALA, AGED ABOUT22YEARS, R/AT NEAR MARIYAMMA TEMPLE, 3RD CROSS, SATHYANAGAR, MARUTHISEVANAGAR, POST, BANGALORE-560033. ...APPELLANT (BY SRI RAMACHANDRA R NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA BY BANASWADI POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001. RESPONDENT (BY SRI VINAYAKA V.S., HCGP) 2 THIS CRIMINAL APPEAL IS FILED UNDER SECTION3742) OF THE CODE OF CRIMINAL PROCEDURE, 1973, PRAYING TO SET ASIDE THE JUDGMENT OF CONVICTION AND ORDER OF SENTENCE DATED1403.2018 PASSED BY THE LEARNED LIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE IN S.C. No.527/2016, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS THIS DAY, B.VEERAPPA, J, DELIVERED THE FOLLOWING: JUDGMEN...
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-22-2020
1 - - R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22D DAY OF DECEMBER, 2020 PRESENT THE HONBLE MR.JUSTICE B.A.PATIL AND THE HONBLE MR.JUSTICE M.I.ARUN CRIMINAL APPEAL No.100346/2016 C/W CRIMINAL APPEAL No.100024/2017 CRIMINAL APPEAL No.100194/2018 CRIMINAL APPEAL No.100283/2016 CRIMINAL APPEAL No.100127/2017 IN CRIMINAL APPEAL No.100346/2016: BETWEEN: Sri Pampapathi S/o Dodda Basappa Aged about 45 years Occ: Agriculture R/o Moka Hobli, K.K.Haal Village Ballari Taluk & District. Appellant (By Sri C.V.Nagesh, Senior Counsel for Sri Srinand A. Pachhapure, Advocate) AND: The State of Karnataka through Deputy Superintendent of Police H & B Squad, C.O.D. Bengaluru, 2 - - Now Represented by Special Public Prosecutor High Court of Karnataka Dharwad Bench at Dharwad. Respondent (By Sri L.S.Sullad, Special Public Prosecutor) This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to set aside the judgment of conviction dated 4.8.2016 and order of sentence dated 8.8....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-22-2020
..... criminal prosecution under sections 307, 324 ipc by appellant govindaraj. the appellants came together armed at the place of occurrence in a car. their utterances before a merciless assault primarily on the head, that acquittal by the court would bring no succour to the deceased, reflects a state of preparedness and is an expression of the intention that they were determined to do away with the deceased. the 122 - - intention to cause death ..... into the statement of pw1recorded under section 161 crpc.15. section 161 crpc titled examination of witnesses by police provides for oral examination of a person by 219 - - any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case. the purpose for and the manner in which the police statement recorded under section 161 crpc can be used at any trial are indicated in section 162 crpc. section 162 crpc reads ..... . p-32) and ext. p-22 statement given to the judicial magistrate (pw18.67. merely because the witness is interested witness, his evidence ..... ultimately his story as to how the attack occurred has also 176 - - remained unshaken in his cross- examination. very strangely, the ..... genu mohite v. state of maharashtra [(1973) 3 scc219:1973. scc (cri) 214]. , hari shanker ..... inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-22-2020
..... criminal prosecution under sections 307, 324 ipc by appellant govindaraj. the appellants came together armed at the place of occurrence in a car. their utterances before a merciless assault primarily on the head, that acquittal by the court would bring no succour to the deceased, reflects a state of preparedness and is an expression of the intention that they were determined to do away with the deceased. the 122 - - intention to cause death ..... into the statement of pw1recorded under section 161 crpc.15. section 161 crpc titled examination of witnesses by police provides for oral examination of a person by 219 - - any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case. the purpose for and the manner in which the police statement recorded under section 161 crpc can be used at any trial are indicated in section 162 crpc. section 162 crpc reads ..... . p-32) and ext. p-22 statement given to the judicial magistrate (pw18.67. merely because the witness is interested witness, his evidence ..... ultimately his story as to how the attack occurred has also 176 - - remained unshaken in his cross- examination. very strangely, the ..... genu mohite v. state of maharashtra [(1973) 3 scc219:1973. scc (cri) 214]. , hari shanker ..... inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-22-2020
1 - - R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22D DAY OF DECEMBER, 2020 PRESENT THE HONBLE MR.JUSTICE B.A.PATIL AND THE HONBLE MR.JUSTICE M.I.ARUN CRIMINAL APPEAL No.100346/2016 C/W CRIMINAL APPEAL No.100024/2017 CRIMINAL APPEAL No.100194/2018 CRIMINAL APPEAL No.100283/2016 CRIMINAL APPEAL No.100127/2017 IN CRIMINAL APPEAL No.100346/2016: BETWEEN: Sri Pampapathi S/o Dodda Basappa Aged about 45 years Occ: Agriculture R/o Moka Hobli, K.K.Haal Village Ballari Taluk & District. Appellant (By Sri C.V.Nagesh, Senior Counsel for Sri Srinand A. Pachhapure, Advocate) AND: The State of Karnataka through Deputy Superintendent of Police H & B Squad, C.O.D. Bengaluru, 2 - - Now Represented by Special Public Prosecutor High Court of Karnataka Dharwad Bench at Dharwad. Respondent (By Sri L.S.Sullad, Special Public Prosecutor) This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to set aside the judgment of conviction dated 4.8.2016 and order of sentence dated 8.8....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-22-2020
..... criminal prosecution under sections 307, 324 ipc by appellant govindaraj. the appellants came together armed at the place of occurrence in a car. their utterances before a merciless assault primarily on the head, that acquittal by the court would bring no succour to the deceased, reflects a state of preparedness and is an expression of the intention that they were determined to do away with the deceased. the 122 - - intention to cause death ..... into the statement of pw1recorded under section 161 crpc.15. section 161 crpc titled examination of witnesses by police provides for oral examination of a person by 219 - - any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case. the purpose for and the manner in which the police statement recorded under section 161 crpc can be used at any trial are indicated in section 162 crpc. section 162 crpc reads ..... . p-32) and ext. p-22 statement given to the judicial magistrate (pw18.67. merely because the witness is interested witness, his evidence ..... ultimately his story as to how the attack occurred has also 176 - - remained unshaken in his cross- examination. very strangely, the ..... genu mohite v. state of maharashtra [(1973) 3 scc219:1973. scc (cri) 214]. , hari shanker ..... inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-22-2020
1 - - R IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE22D DAY OF DECEMBER, 2020 PRESENT THE HONBLE MR.JUSTICE B.A.PATIL AND THE HONBLE MR.JUSTICE M.I.ARUN CRIMINAL APPEAL No.100346/2016 C/W CRIMINAL APPEAL No.100024/2017 CRIMINAL APPEAL No.100194/2018 CRIMINAL APPEAL No.100283/2016 CRIMINAL APPEAL No.100127/2017 IN CRIMINAL APPEAL No.100346/2016: BETWEEN: Sri Pampapathi S/o Dodda Basappa Aged about 45 years Occ: Agriculture R/o Moka Hobli, K.K.Haal Village Ballari Taluk & District. Appellant (By Sri C.V.Nagesh, Senior Counsel for Sri Srinand A. Pachhapure, Advocate) AND: The State of Karnataka through Deputy Superintendent of Police H & B Squad, C.O.D. Bengaluru, 2 - - Now Represented by Special Public Prosecutor High Court of Karnataka Dharwad Bench at Dharwad. Respondent (By Sri L.S.Sullad, Special Public Prosecutor) This Criminal Appeal is filed under Section 374(2) of Cr.P.C praying to set aside the judgment of conviction dated 4.8.2016 and order of sentence dated 8.8....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-22-2020
..... criminal prosecution under sections 307, 324 ipc by appellant govindaraj. the appellants came together armed at the place of occurrence in a car. their utterances before a merciless assault primarily on the head, that acquittal by the court would bring no succour to the deceased, reflects a state of preparedness and is an expression of the intention that they were determined to do away with the deceased. the 122 - - intention to cause death ..... into the statement of pw1recorded under section 161 crpc.15. section 161 crpc titled examination of witnesses by police provides for oral examination of a person by 219 - - any investigating officer when such person is supposed to be acquainted with the facts and circumstances of the case. the purpose for and the manner in which the police statement recorded under section 161 crpc can be used at any trial are indicated in section 162 crpc. section 162 crpc reads ..... . p-32) and ext. p-22 statement given to the judicial magistrate (pw18.67. merely because the witness is interested witness, his evidence ..... ultimately his story as to how the attack occurred has also 176 - - remained unshaken in his cross- examination. very strangely, the ..... genu mohite v. state of maharashtra [(1973) 3 scc219:1973. scc (cri) 214]. , hari shanker ..... inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-21-2020
R1IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE21T DAY OF DECEMBER, 2020 BEFORE THE HONBLE MR.JUSTICE K.SOMASHEKAR CRIMINAL APPEAL No.46 OF2014BETWEEN: G. Omprakash S/o R. Ganganna Age about 38 years Police Sub-Inspector Vijayanagara Traffic Police Station (Investigation) Bangalore R/a. No.1, Police Officers Quarters Rajajinagara Bangalore 560001. ...Appellant (By Sri. Aravind K. Kamath. Sr. Counsel for Sri. AnandMuttalli - Advocate) AND: State by Karnataka Lokayukta Represented by Police Inspector City Division Karnataka Lokayukta Bangalore 560 001. ...Respondent (By Sri. Venkatesh S. Arabatti, Spl.P.P for Respondent - Lokayukta) 2 This Criminal Appeal is filed under Section 374(2) of Cr.P.C r/w Section 27 of Prevention of Corruption Act, 1988 praying to set aside the judgment and order of conviction and sentences including fine imposed by the order dated 23.12.2013 passed by the Spl. Judge, Bangalore Urban District, Bangalore City in Spl. C.C.No.93/2008 convicting the...
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