Karnataka High Court
Ningaiah @ Papu vs State By Mysore South Police on 12 July, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC:24254
CRL.P No. 5028 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 5028 OF 2023
BETWEEN:
1. NINGAIAH @ PAPU,
S/O SHAMBULINGAIAH
AGED ABOUT 23 YEARS
2. ABHI M V
S/O MAHADEVASWAMY
AGED ABOUT 20 YEARS
3. RAJAMMA
W/O SHAMBU LINGAIAH
AGED ABOUT 57 YEARS
ALL ARE RESING AT:
Digitally
signed by DADADAHALLI VILLAGE
SUMITHRA R AMBEDKAR COLONY
Location: SINDUVALLI POST
High Court of
Karnataka JAYAPURA HOBLI
MYSURU-570 001.
...PETITIONERS
(BY SRI. RAJU C N.,ADVOCATE)
AND:
1. STATE BY MYSORE SOUTH POLICE,
MYSORE.
REPRESENTED BY SPP
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NC: 2023:KHC:24254
CRL.P No. 5028 of 2023
HIGH COURT OF KARNATAKA
AT BANGALORE- 560 001.
...RESPONDENT
(BY SRI. R.D.RENUKARADHYA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON ANTICIPATORY BAIL IN THE
EVENT OF THEIR ARREST IN CR.NO.80/2023 OF MYSURU
SOUTH P.S., ON THE FILE OF THE PRINCIPAL CIVIL JUDGE
(Sr.Dn.) AND CJM COURT, MYSORE, FOR THE OFFENCES
P/U/S.143,147,148,341,504,307 R/W SEC.149 OF IPC
THIS PETITION IS COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the submissions of the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State and perused the material on record.
2. Petitioners are arraigned as accused Nos.1,3 and 6 in Cr.No.80/2023 of Mysuru South Police Station registered for the offence punishable under Sections 143, 147, 148, 341, 504, 307 r/w 149 IPC.
3. This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on anticipatory bail. -3-
NC: 2023:KHC:24254 CRL.P No. 5028 of 2023
4. The learned counsel for the petitioners has filed a memo stating that the petitioners-1 and 2/accused Nos.1 and 3 are arrested. He has sought to withdraw the petition insofar as the said petitioners are concerned. The memo is taken on record.
5. FIR is registered against accused Nos.1 to 6 alleging that they have picked up quarrel with one Nagaraju and assaulted him with dagger and stones and caused injuries to him. Specific allegations of assaulting him are against accused Nos.1 to 5. As per wound certificate, the victim has suffered two injuries. Out of which, injury No.1 i.e., stab injury with a knife over the right hypochondriac is stated to be grievous in nature. The allegations against petitioner No.3/accused No.6 is that she instigated other accused persons to assault the victim. She is a woman. It is not alleged that she was armed with weapon or assaulted the victim. The allegations now made against her have to be established in due course. Her custodial interrogation is not necessary. Hence, the relief sought by petitioner No.3/accused No.6 can be granted by imposing conditions. Accordingly, the following: -4-
NC: 2023:KHC:24254 CRL.P No. 5028 of 2023 ORDER i. Petition is dismissed as withdrawn insofar as petitioners No.1 and 2/accused Nos.1 and 3. ii. Petition is allowed in respect of petitioner No.3/accused No.6.
iii. Petitioner No.3/accused No.6-Rajamma in Cr.No.80/2023 of Mysuru South Police Station, shall be released in the event of her arrest, subject to following conditions:
(1) She shall appear before the Investigation Officer within a period of one week from the date of receipt of a certified copy of the order and shall execute a personal bond in a sum of Rs.50,000/- [Rupees fifty thousand only] with a likesum surety.
(2) She shall furnish proof of her residential address and shall inform the Investigation Officer / Court, if there is change in address.
(3) She shall not tamper with the prosecution witnesses in any manner.-5-
NC: 2023:KHC:24254 CRL.P No. 5028 of 2023 (4) She shall not commit any offence.
(5) She shall be regular in attending the Court proceedings.
Sd/-
JUDGE TL List No.: 1 Sl No.: 41