Karnataka High Court
Ashok S/O Dhondiba Salunke vs The State Of Karnataka on 3 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102996 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102996 OF 2022 (439-)
BETWEEN:
1. ASHOK S/O DHONDIBA SALUNKE
AGE: 56 YEARS, OCC: AGRICULTURAL
R/O: ARTAL VILLAGE, TQ: ATHANI,
DIST: BELAGAVI-766036
2. ANANDRAO S/O DHONDIBA SALUNKE
AGE: 59 YEARS, OCC: AGRICULTURAL
R/O: ARTAL VILLAGE, TQ: ATHANI,
DIST. BELAGAVI-766036
...PETITIONERS
(BY MISS. PALLAVI PALEKAR, ADVOCATE FOR
SRI. R S GUDODAGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH AIGALI P.S. REPRESENTED
BY HCGP HIGH COURT TO DHARWAD
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO THE BENEFIT PROVIDED U/S 439 OF CR.P.C., MAY BE
ENLARGED ON BAIL THESE PETITIONERS/ACCUSED NO.1 AND 2 ARE
MAY BE ORDERED TO BE RELEASED ON BAIL IN AIGALI P.S. CRIME
NO.107/2022 OFFENCE PUNISHABLE U/S 307, 324, 354(B), 504,
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CRL.P No. 102996 of 2022
506, R/W 34 OF IPC. VIDE ORDER DATED 14.10.2022, OFFICE
OBJECTIONS ARE COMPLIED. POST THE CRIMINAL PETITION
BEFORE THE HON BLE COURT (SJ) FOR ORDERS
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by he accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking bail in Crime No.107/2022 of Aigali Police Station for the offences punishable under Sections 307, 324, 354B, 504, 506 read with Section 34 of IPC.
2. The case of the prosecution is that, one Smt. Sanjeevini W/o. Manohar Salunke has filed complaint, stating that her husband is having six brothers and all are living separately and also their property has been divided with respect to their shares. There is a dispute in between the accused No.1 who is the brother of the complainant's husband with respect to agricultural land bearing R.S.No.3, measuring 8 acres 2 guntas situated at Artal and the civil dispute is pending before the Court at Athani. It is further stated that, the accused Nos.1 and 2 who are -3- CRL.P No. 102996 of 2022 the brothers of complainant's husband were quarreling with the complainant's family on and often and also they are quarreling with neighbors Shobha Ramesh and Vijay Pandurang Salunke. It is further stated that the said land is standing in the name of Dhondiba Salunke, the father- in-law of the complainant and the same has been transferred to Indubai the mother-in-law of the complainant and accused No.1 Ashok Salunke has taken signature of complainant's husband and also their brothers have obtained loan from the Bank. It is further stated that, the complainant has tried to talk with the mother-in-law Indubai, but the accused has not allowed her to talk with Indubai. It is further stated that, on the previous night the complainant had a dream and in that dream her mother- in-law came and therefore, on the next day she went to the house of the accused No.1 to meet her mother-in-law Indubai. It is further stated that, on 11.09.2022 at about 9.00 a.m., when the complainant went to the house of the accused No.1 Ashok Salunke to see her mother-in-law Indubai and the said Indubai asked the complainant about -4- CRL.P No. 102996 of 2022 her husband and she replied that he is fine and at that time her brother-in-law shouted on her mother as to why she is asking about him and he abused in filthy language to the complainant's husband, at that time, the complainant has asked the accused that, 8 acres of the land is standing in the name of the father-in-law of Dhodiba and also 7 sons and accused No.1 Ashok has mutated his name to the said agricultural land instead of other 7 sons. Because of that reason, the accused No.1 Ashok has started quarreling with the complainant and twisted her left leg and left hand and held her hand and pulled her and outraged her modesty, and at that time, accused No.2 Anandrao came by holding knife and told to finish the complainant and tried to assault the complainant on her stomach and at that time, she put her left hand and the knife touched her hand and caused injuries and the accused Nos.1 and 2 kicked her on her waist and hips and they left their dog to bite her and it bit her on her hip and at that time, her husband Manohar, neighbors Ramesh Jadhav, Anil Salunke and Raju Salunke rescued her and -5- CRL.P No. 102996 of 2022 her husband Manohar and her son Ashok took her to the Government Hospital, Athani for treatment. The said complaint came to be registered in Crime No.107/2022 of Aigali Police Station for the offences punishable under Sections 307, 324, 354B, 504 and 506 read with Section 34 of IPC. The petitioners/accused Nos.1 and 2 came to be arrested on 11.09.2022 and are in judicial custody. The petitioners filed Criminal Misc. No.5625/2022 seeking bail and the same came to be rejected by the VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi, by order dated 29.09.2022. Therefore, the petitioners are before this Court seeking bail.
3. Heard the arguments of the learned counsel for the petitioners and the learned HCGP for the respondent- State.
4. Learned counsel for the petitioners would contend that, the alleged incident has occurred on 11.09.2022 at 9.00 a.m. and the complaint came to be filed at 8.00 p.m. and there is a delay of 11 hours in filing -6- CRL.P No. 102996 of 2022 the complaint. It is her further submission that the complainant/injured was admitted on 11.09.2022 and has been discharged on 16.09.2022 and there is no danger to her life. The wound certificate of the complainant reveals that she has sustained two injuries and she is discharged on 16.09.2022. It is her further submission that on perusal of the wound certificate there is no injury of any dog bite on the complainant. There is a civil dispute between the complainant's husband and the accused. It is her further submission that, the complainant's son is a police Officer. As the petitioners are in judicial custody since 11.09.2022, they are not required for custodial interrogation. The petitioners are ready to cooperate with the police in the investigation. With this, she prayed to allow the petition.
5. Per contra, learned HCGP would contend that, the investigation is in progress. The complainant sustained two injuries i.e. one on head and another on her left fourth toe and the Doctor has opined that it is a grievous injury. It is his further submission that, the knife used for commission of the offence has been recovered at the -7- CRL.P No. 102996 of 2022 instance of the accused. The complainant is 68 years old and she is a senior citizen. If the petitioners are granted bail, there is a threat to the complainant and other prosecution witnesses and there are chances of petitioners hampering the investigation. With this, he prayed to reject the petition.
6. Having heard the learned counsel for the petitioners and the learned HCGP, this Court has gone through the submission of the complaint, FIR, order passed by the Sessions Court and the documents produced by the learned counsel for the petitioners.
7. As per the averments of the complaint, there is a civil dispute between the complainant's husband and the accused Nos.1 and 2. The accused Nos.1 and 2 are brothers of complainant's husband. The said civil dispute is pending in Athani Civil Court with regard to the agricultural property bearing R.S.No.3, measuring 8 acres 2 guntas. The alleged incident has taken place in the house of the accused, when the complainant went there. -8- CRL.P No. 102996 of 2022 The accusation against the accused Nos.1 and 2 is that they assaulted her, outraged her modesty and accused No.2 assaulted her with knife and caused injury to her hand and they left their dog to bite her and it bit her on her hip. The wound certificate reveals that, the complainant has sustained head injury and fracture of left foot fourth toe proximal phalanx. There is no any overt act alleged against these petitioners of they assaulting on the head. The injured has been discharged on 16.09.2022. There is no danger to the life of this complainant/injured. The petitioners are in judicial custody since 11.09.2022 and therefore, they are not required for any custodial interrogation. There is already a recovery of knife alleged to have been used by these petitioners at their instance. The main apprehension of the prosecution is that, if the petitioners are granted bail, there are chances of they hamper the investigation and tampering the prosecution witnesses. The said objection can be met with by imposing stringent conditions.
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8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioners/accused Nos.1 and 2 shall be released on bail in Crime No.107/2022 of Aigali Police Station subject to the following conditions:
i) The petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioners/accused Nos.1 and 2 shall remain present before the police station concerned on every Sunday between 10.00 a.m. to 2.00 p .m. and mark their presence for a period of two months or till filing of the final report, whichever is earlier.
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CRL.P No. 102996 of 2022
iii) The petitioners/accused Nos.1 and 2 shall co- operate with the investigation and make themselves available for interrogation whenever required.
iv) The petitioners/accused Nos.1 and 2 shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
v) The petitioners/accused Nos.1 and 2 shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
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JUDGE SVH List No.: 2 Sl No.: 1