Karnataka High Court
Mr.Hanumappa vs State Of Karnataka on 8 August, 2016
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 08 t h DAY OF AUGUST 2016
BEFORE
THE HON 'BLE MR. JUSTICE ARAVIND KUMAR
CRIMINAL PETITION No.3609 OF 2016
BETWEEN:
1. MR.HANUMAPPA S/O SANNA THAMMAPPA
AGE: 40 YEARS,
2. MR.AJJAYYA S/O SANNA THAMMAPPA
AGE: 30 YEARS,
3. MR.HONNURAPPA S/O DODDA VEERANNA
AGE: 45 YEARS,
4. MR.ANJINAPPA S/O SANNA THAMMAPPA
AGE: 45 YEARS,
5. MR.NAGARAJ S/O SANNA THAMMAPPA
AGE: 36 YEARS,
6. SMT. BANGARAMMA W/O DODDA VEERANNA
AGE: 75 YEARS,
7. MR.THIMMAPPA S/O DODDA VEERAPPA
AGE: 48 YEARS,
8. SMT. MAHALAKSHMI W/O HONNURAPPA
AGE: 37 YEARS,
9. MR.MOKA THIPPESWAMY
S/O HANUMANTHAPPA
AGE: 36 YEARS,
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10. MR.RAJANNA S/O HANUMANTHAPPA
AGE: 40 YEARS,
11. MR.HANDEPPARA BASAVARAJ
S/O CHANNA BASAPPA
AGE: 60 YEARS,
ALL ARE BY OCC: COOLIES, AND
R/O HURALIHALU VILLAGE,
KUDLIGI TALUK,
BALLARI DISTRICT-573102
... PETITIONERS
(By Sri SHIVARAJA HIREMATH ADV.)
AND:
STATE OF KARNATAKA
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
VACATION BENCH,
AT: BENGALURU
THROUGH HOSAHALLI POLICE STATION,
KUDLIGI TALUK,
BALLARI DISTRICT-573102
... RESPONDENT
(By Sri.PRAVEEN K.UPPAR, HCGP)
THIS CRL.P. IS FILED U/S.438 CR.P.C BY THE
ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO ENLARGE THE
PETRS. ON BAIL IN THE EVENT OF THEIR ARREST IN
CR.NO.64/2016 OF HASAHALLI P.S., KUDLIGI TQ.,
BALLARI DIST. FOR OFFENCE P/U/Ss.143, 147, 148, 323,
324, 504, 506, 307 AND 114 R/w. 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
Petitioners have been arraigned as accused in Crime No.64 of 2016 by Hosahalli Police Station for offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 307 and 114 read with 149 of the Indian Penal Code. Apprehending their arrest, they are before this Court seeking for being enlarged on bail in the event of their arrest.
2. A complaint came to be lodged by Smt.Manjula R. @ Fathima on 25 t h March 2016 alleging that at about 8.00 a.m., accused No.2- Sri.Ajjayya was transporting bricks in a tractor trailer in front of her house and she had informed him not to use the said road. However, said accused along with his brother Sri.Hanumappa picked up a quarrel with her, abused her in indecent words and said Sri.Hanumappa also called his younger brother and other accused persons and after picking up quarrel with her, with a common object, formed an unlawful assembly, committed rioting by using force and violence and :4: by holding a rod, assaulted on chest, stomach, trunk, head, shoulders of her husband and attempted to commit his murder and they had also snatched her golden Mangalya and threatened with her life in future. Accordingly, complaint came to be registered. Investigation is under progress.
3. It is the contention of Sri.Shivaraj Hiremath, learned counsel appearing for petitioners, that petitioners have been falsely implicated, inasmuch as petitioners had lodged a complaint against complainant and her husband for the offences punishable under Sections 323, 324, 504, 506 read with Section 34 of the Indian Penal Code and Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, which has been registered in Crime No.62 of 2016 by Hosahalli Police Station and as a counter-blast, present complaint has been lodged by Smt.Manjula @ Fathima against petitioners. It is also contended that medical records would disclose that alleged injuries :5: sustained by the husband of complainant are not grievous in nature and in fact, no such injuries are found on the victim after clinical examination. Hence, he prays for petitioners being enlarged on bail.
4. Per contra, learned High Court of Government Pleader, opposing the grant of anticipatory bail to petitioners, would contend that prima facie material is available to hold complicity of petitioners to the offences alleged against them and since, investigation is in progress, accused persons are likely to abscond and tamper with witnesses and destroy such evidence if they are released on bail. Hence, he prays for rejection of the petition.
5. Having heard the learned counsel appearing for parties and on perusal of records, particularly, medical records relating to complainant's husband issued by Vijayanagar Institute of Medical Sciences, Ballari, dated 26 t h :6: March 2016, it has been indicated therein that there is no history of ENT bleeding or history of chest injury or history of abdominal injury. It is also recorded that there is no fracture sustained by complainant's husband.
6. In the light of said evidence available on record and also the fact that petitioners herein had also lodged a complaint against Smt.Manjula i.e., even before complainant lodged her complaint against petitioners. Offences alleged against petitioners are neither punishable with death or imprisonment for life. Hence, this Court is of the considered opinion that petitioners are required to be enlarged on bail in the event of their arrest and by imposing stringent conditions their presence can be secured and it also can be ensured that they do not indulge in similar activities as apprehended by prosecution.
7. Hence, the following:
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O R D E R Criminal Petition is hereby allowed. Petitioners are granted anticipatory bail in Crime No.64 of 2016 registered by Hosahalli Police Station, on petitioners executing a personal bond for `25,000/- (Rupees Twenty-five Thousand Only) each with one surety each for the like-sum to the satisfaction of the jurisdictional Court they shall be released and also subject to following conditions:
i. Petitioners shall surrender before the jurisdictional court within fifteen days from today;
ii. Petitioners shall not tamper or terrorise the prosecution witnesses in any manner;
iii. Petitioners shall appear before the investigating officer whenever called and co-operate with the investigating officer in the investigation; iv. Petitioners shall appear before the jurisdictional Court on all the dates of hearing, unless there are exceptional circumstances;
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v. Petitioners shall appear before the
Hosahalli Police Station once in a
month i.e., on 15 t h of every month
between 10.00 a.m. and 5.00 p.m. to mark their attendance till filing of charge-sheet;
In the event, any of the above conditions not being complied by the petitioners, prosecution would be at liberty to seek for cancellation of bail.
Sd/-
JUDGE RK/-