Karnataka High Court
Siddappa S/O. Siddappa Padagodi vs The State Of Karnataka on 26 March, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 26TH DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRL.P.NO.100337 OF 2018
C/W
CRL.P.NOS.100306/2018 AND 100359/2018
IN CRL.P.100337/2018
BETWEEN
MANJAPPA S/O SHIDAPPA PADIGODI,
AGE:28 YEARS, OCC. COOLIE,
R/O NAJIKALAKAMAPUR,
TQ.:DIST: HAVERI.
... PETITIONER
(BY SRI.R.H.ANGADI, ADV.)
AND
THE STATE OF KARNATAKA,
(RURAL POLICE STATION, HAVERI)
R/BY ITS STATE PUBLIC PROSECUTOR
DHARWAD,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
... RESPONDENT
(BY SRI.ANAND K.NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., SEEKING TO ALLOW THE PETITION AND TO ENLARGE
THE PETITIONER ON BAIL IN CONNECTION WITH HAVERI RURAL
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POLICE STATION CRIME NO.76/2017 DATED 19.05.2017, FOR THE
OFFENCES PUNISHABLE U/SEC.143, 147, 148, 323, 302, 447,
504, 506 R/W SEC. 149 OF IPC.
IN CRL.P.100306/2018
BETWEEN
NAGARAJ @ NAGAPPA,
S/O BASAPPA PADIGODI,
AGED ABOUT 50 YEARS,
OCC. PRIVATE SERVICE,
R/O SUNAGAR COMPOUND,
SAPTAPUR, DHARWAD.
... PETITIONER
(BY SRI.ARAVIND D. KULKARNI,ADV.)
AND
STATE OF KARNATAKA
THROUGH HAVERI RURAL POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
DAHRWAD.
... RESPONDENT
(BY SRI.ANAND K.NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.P.C., PRAYING TO GRANT OF REGULAR BAIL IN
C.C.NO.709/2017 PENDING ON THE FILE OF CIVIL JUDGE (JR.DN.)
& JMFC, HAVERI (HAVERI RURAL POLICE STATION CRIME
NO.76/2017) REGISTERED FOR THE OFFENCES PUNISHABLE
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UNDER SECTION 143, 147, 148, 323, 302, 447, 504, 506 R/W.149
OF IPC IN SO FAR AS PETITIONER IS CONCERNED.
IN CRL.P.100359/2018
BETWEEN
SIDDAPPA, S/O. SIDDAPPA PADAGODI,
AGE:54 YEARS, OCC:NIL,
R/O.NAZIKLAKAMAPUR,
TQ/DIST:HAVERI.
... PETITIONER
(BY SRI. LAXMAN T MANTAGANI AND
SRI. N. J. APPANNAvar, ADVS. )
AND
THE STATE OF KARNATAKA
BY HAVERI RURAL POLICE,
HAVERI,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
DHARWAD.
... RESPONDENT
(BY SRI.ANAND K.NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., SEEKING TO ALLOW THE PETITION AND ENLARGE THE
PETITIONER HEREIN ON BAIL IN THE EVENT OF HIS ARREST, FOR
THE CASE REGISTERED IN 76 OF 2017 BY THE HAVERI RURAL
POLICE FOR THE ALLEGED OFFENCES PUNISHABLE UNDER
SECTIONS 143, 147, 148, 323, 324, 326, 307, 302, 504, 506
READ WITH SECTION 149 OF IPC.
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THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
CRL.P.No.100337/2018 and Crl.P.No.100306/2018 are filed by accused Nos.13 and 16 for grant of regular bail and Crl.P.No.100359/2018 is filed by accused No.10 for grant of anticipatory bail in Crime No.76/2017, which is now pending on the file of Civil Judge (Jr.Dvn.) & JMFC., Haveri in CC No.709/2017 for the offences punishable under Sections 143, 147, 148, 323, 302, 447, 504, 506 R/w Section 149 of IPC.
2. The case of the prosecution is that, in connection with the property dispute between the husband of the complainant and accused persons, on 19.05.2017 at about 9.30 a.m. all the accused persons unlawfully assembled and tress-passed into the filed of Siddappa and assaulted him with deadly weapons and during the incident accused persons assaulted the relative of the deceased by name Banneppa, who came to rescue the deceased. 5
3. The learned HCGP has not filed any statement of objections, but has orally opposed the petitions.
4. Heard the learned counsel for the petitioners and learned HCGP for the respondent-State and perused the records.
5. The learned counsel for the petitioners submits that, the complainant's husband had obtained injunction order from the Civil Court restraining the accused persons from entering into the property comprising in R.S.No.25 of Najeekalakamapur village in OS.No.88/2016. Further, he submits that initially FIR was registered against 30 accused persons and after investigation charge sheet has been laid only against 16 accused persons. In respect of accused Nos. 13 and 16 there are no specific overt acts. In respect of accused No.10, it is stated that accused No.10 assaulted with hands on the leg of the deceased Banneppa. Investigation is already completed. Having regard to the evidence collected by the investigation agency, the custody of the 6 petitioners is not required to be extended. Hence, he seeks for release of the petitioners.
6. Learned HCGP disputes these submissions. He has drawn my attention to the statements of CW11 and CW20.
7. Perused the above statements. Insofar as accused No.10 is concerned, it is alleged that he assaulted Banneppa on his leg. Insofar as accused No.16 is concerned, the allegations made by prosecution witnesses is that, he assaulted the deceased with hands. As against accused No.13 there are no allegations of any overt act.
8. Therefore, taking into consideration all these facts and circumstances of the case and investigation having been completed, in my view, it is not necessary to extend custody of the petitioners solely by way of punishment. Since the investigation is completed, accused No.10 is also requires to be admitted to bail. Hence, I pass the following: 7
ORDER The petitions are allowed.
In Crl.P.Nos.100337/2018 and 100306/2018, the petitioners/accused Nos.13 - Sri. Manjappa S/o. Shidappa Padigodi and accused No.16 - Nagaraj @ Nagappa, S/o. Basappa Padigodi, are ordered to be enlarged on bail in Crime No.76/2017 of Haveri Rural Police Station subject to the following conditions:
i) The petitioners/accused Nos. 13 and 16 shall furnish a bond in a sum of Rs.1,00,000/-
(Rupees One Lakh only) each with one surety each for the likesum to the satisfaction of the trial Court.
ii) The petitioners/accused Nos.13 and 16 shall appear before the trial Court as and when required.
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iii) The petitioners/accused Nos.13 and 16 shall not threaten or lure the prosecution witnesses and shall not tamper the evidence.
In Crl.P.No.100359/2018, the petitioner/accused No.10 - Sri. Siddappa, S/o. Siddappa Padagodi, is directed to surrender before the learned Magistrate within 15 days from the date of this order. On his appearance, the learned Magistrate shall enlarge him on bail on obtaining a bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to his satisfaction and subject to further conditions that;
(i) The petitioner shall appear before the Court as and when required.
(ii) He shall not threaten or lure the prosecution witnesses and shall not tamper with the witnesses or evidences.
Sd/-
JUDGE Hmb