Karnataka High Court
Shahin S/O Rasulsab Balikwale And Ors vs The State Of Karnataka Through ... on 18 January, 2014
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IN THE HIGH COURT OF KARNATAKA,
GULBARGA BENCH
DATED THIS THE 18TH DAY OF JANUARY, 2014
:BEFORE:
THE HON'BLE MR. JUSTICE B V PINTO
CRIMINAL PETITION No.200019/2014
C/W
CRIMINAL PETITION No.200020/2014
IN CRL.P.NO.200019/2014
BETWEEN:
1. SHAHIN,
S/O RASULSAB BALIKAWALE,
AGED ABOUT 33 YEARS,
OCC: AGRICULTURE.
2. AMIR PASHA,
S/O. MOULANSAB BALIKAWALE,
AGED ABOUT 45 YEARS,
OCC: AGRICULTURE.
3. RASAULSAB,
S/O SANNA HANNUSAB BALIKAWALE,
AGED ABOUT 55 YEARS,
OCC: AGRICULTURE
ALL ARE R/AT. PUTPAK VILLAGE,
TALUK AND DISTRICT YADGIRI. ... PETITIONERS
(BY SMT.ANURADHA M. DESAI, ADV.,)
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AND:
THE STATE OF KARNATAKA
THROUGH GURMITAKAL P.S.,
REPRESENTED THROUGH
ADDL. STATE PUBLIC PROSECUTOR
OF HON'BLE HIGH COURT OF KARNATAKA,
BENCH AT GULBARGA. ...RESPONDENT
(BY SRI S.S.ASPALLI, HCGP,)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C. PRAYING TO RELEASE THE
ACCUSED PETITIONERS ON BAIL IN CRIME
No.120/2013 OF GURMITAKAL P.S., WHICH IS
REGISTERED FOR THE OFFENCE P/U/S 506, 504,
143, 147, 148, 149, 447, 307, 323, 324, 326 OF IPC.
IN CRL.P.No.200020/2014
BETWEEN:
1. ISMAIL,
S/O AMIR PASHA BALIKAWALE,
AGED ABOUT 20 YEARS,
OCC: AGRICULTURE.
2. MOHAMMED KHASIM,
S/O MOULANA SAB BALIKAWALE,
AGED ABOUT 40 YEARS,
OCC: AGRICULTURE.
BOTH ARE R/O PUTPAK VILLAGE,
TALUK AND DISTRICT YADGIRI. ...PETITIONERS
(BY SMT. ANURADHA M. DESAI, ADV.,)
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AND:
THE STATE OF KARNATAKA
THROUGH GURMITAKAL P.S.
REPRESENTED THROUGH
ADDL. STATE PUBLIC PROSECUTOR OF
HON'BLE HIGH COURT OF KARNATAKA
BENCH AT GULBARGA. ...RESPONDENT
(BY SRI S.S.ASPALLI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C. PRAYING TO RELEASE THE
ACCUSED PETITIONERS ON BAIL IN THE EVENT OF
THEIR ARREST IN CRIME No.120/2013 OF
GURMITAKAL P.S., WHICH IS REGISTERED FOR THE
OFFENCE P/U/S 504, 506, 143, 147, 148, 447, 307,
323, 324, 326 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS, THIS DAY THE COURT MADE THE
FOLLOWING:
ORDER
These two petitions are filed seeking regular bail and anticipatory bail respectively in Crime No.120/2013 of Gurumitkal police Station, Yadgiri registered on 13.11.2013 for the offences under Section 506, 504, 143, 147, 148, 447, 307, 323, 324 and 326 of IPC on 4 the basis of the complaint given by one Mohammed Rasid.
2. It is the case of the complainant that, quarrel took place between the complainant's family and accused who also belong to one family in connection with laying water pipes in the land of the complainant by the accused. The petitioners are alleged to have used spade, motorcycle chain and stones and were threatening the complainant and injuring the person and were preventing them from taking water pipe in their land. In the altercation, accused are alleged to have assaulted, as a result of which one Mohammed Sharieff sustained grievous injuries and others have sustained simple injuries.
3. The petitioners in Criminal Petition No.200019/2014 were arrested on 14.11.2013 and they are in custody.
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4. Heard Smt.Anuradha Desai, learned Counsel for the petitioners and Sri S.S.Aspalli, learned HCGP for the State.
5. Smt.Anuradha Desai, learned Counsel for the petitioners submit that, there was no previous enimity between the complainant and the petitioners and that while laying water pipe in the land of the accused, sudden quarrel took place and the petitioners have assaulted the complainant and others and caused injuries. She further submits that, the injured has been already discharged from the hospital and hence, the petitioners may be enlarged on bail by imposing strict conditions. Learned Counsel for the petitioners also submits that the petitioners are agriculturist and that there are no other criminal antecedents against them. Hence, the application for bail may be allowed.
6. Sri.S.S.Aspalli, learned HCGP on the other submits that, injured has suffered fracture on his head 6 and that the offence is punishable with imprisonment for life. Hence he submits that the application may be rejected.
7. On a careful consideration of the materials produced by the learned HCGP, it is seen that the injured has been discharged from the hospital. It is further seen that the petitioners and the complainant are cultivating their own lands and they are agriculturist. The incident has happened in the spur of a moment in the background of laying water pipe in the land during agricultural operations and the weapon held by them is used for agricultural requirements. Hence, I am of the opinion that there is no impediment in granting bail to the petitioners. Hence the following order is passed:
ORDER Criminal Petition No.200019/2014 is allowed.7
The petitioners are directed to be released on bail on their executing personal bond for a sum of `25,000/-
each with one surety for the likesum to the satisfaction of the learned Magistrate with further conditions that:
i) The petitioners shall appear before the police station once in a week for two months and thereafter once in a month till filing of the final report;
ii) The petitioners shall not tamper with the prosecution witnesses nor try to influence the complainant or dissuade them from giving evidence against them.
Criminal Petition No.200020/2014 is allowed. In the event of their arrest in Crime No.120/2013 of Gurumitkal police Station, the petitioners are directed to be released on bail on their executing personal bond for a sum of `25,000/- each with one surety for the likesum to the satisfaction of the Arresting Officer and with the further conditions that: 8
i) The petitioners are directed to surrender before the jurisdictional police station within 10 days from today;
ii) The Investigating Officer is at liberty to detain the petitioners for a period of three days for the purpose of investigation/ interrogation/recovery etc and on such dates the petitioners are required to be in the custody of the police between 8.00 a.m. & 6.00 p.m,.
only;
iii) The petitioners shall appear before the Jurisdictional Magistrate within 15 days from the date of their release from the police station and file regular bail application;
iv) The petitioners shall not try to tamper with the prosecution witnesses nor try to influence the complainant nor dissuade them from deposing against them.
Sd/-
JUDGE KSR