Karnataka High Court
Yenkappa And Anr vs The State Of Karnataka on 3 July, 2018
1 Crl.P.No.200587/2018
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 03RD DAY OF JULY, 2018
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.200587/2018
BETWEEN:
1. Yenkappa S/o Hanmantha Makashi,
Age about 45 years, Occ. Agriculture,
R/o Satyampet (Wankihal),
Tq. Shorapur, Dist. Yadgiri.
2. Shivappa @ Shivraj S/o Yankappa Guttedar,
Age about 42 years, Occ. Agriculture,
R/o Satyampet (Wankihal), Tq.Shorapur,
Dist. Yadgiri.
... Petitioners
(By Sri Manjunath Mallayya Shetty, Advocate)
AND:
The State of Karnataka
Through Shorapur Police Station,
Represented by State Public Prosecutor,
High Court of Karnataka,
Kalaburagi Bench.
... Respondent
(By Sri P.S.Patil, HCGP)
2 Crl.P.No.200587/2018
This Criminal Petition is filed under Section 438 of
Criminal Procedure Code praying to enlarge the
accused/petitioner No.1 and 2 on anticipatory bail in the
event of their arrest in Crime No.264/2018 registered by
Shorapur Police Station for the offence punishable under
Section 504, 506 and 306 read with Section 34 IPC.
This petition is coming on for orders this day, the
Court made the following:
ORDER
Heard.
2. Petitioners are seeking anticipatory bail in Crime No.264/2018 of Shorapur Police Station. The said case is registered against the petitioners for the offences punishable under Sections 504, 506 and 306 read with Section 34 IPC on the basis of the complaint of Smt.Kasturibai W/o Anandarao Badiger.
3. It is alleged that the petitioners had lent loan of Rs.3,21,000/- to Anandarao Badiger husband of the complainant taking his signature on blank stamp papers. It is further alleged that since three days prior to 28.05.2018 the accused criminally 3 Crl.P.No.200587/2018 intimidated the victim Anandarao Badiger to pay them Rs.9,00,000/- towards loan amount and interest, failing which he should part with his land. It is further alleged that due to such harassment on 28.05.2018 at 9.30 p.m. in Laxmipura Village, Anandarao Badiger consumed pesticide and committed suicide.
4. The offence under Section 306 IPC is not punishable with death or imprisonment for life. Petitioners have permanent roots in the society. The only incriminating material recovered may be the alleged stamp papers obtained by the accused. To ensure that suitable conditions may be imposed. Accordingly, the petition is allowed.
5. Petitioners are granted anticipatory bail in Crime No.264/2018 of Shorapur Police Station. If they are arrested in the said case they shall be released on bail subject to the following ;-
4 Crl.P.No.200587/2018
1. They shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order.
2. They shall execute personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) and furnish one surety in the likesum to the satisfaction of the Magistrate/ Investigating Officer for their appearance.
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/-
JUDGE sn