Karnataka High Court
Jaibheem And Ors vs The State Through on 28 June, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-K:4388
CRL.P No. 200615 of 2024
C/W CRL.P No. 200618 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.200615 OF 2024 (439)
C/W
CRIMINAL PETITION NO.200618 OF 2024 (438)
IN CRIMINAL PETITION NO.200615/2024
BETWEEN:
1. ASHOK
S/O DEVINDRAPPA SUTAR
AGE: 52 YEARS,
OCC: AGRICULTURE
2. SHIVAKUMAR @ SHRAVAKUMAR
S/O SHIVASHARANAPPA MULIMANI
AGE: 28 YEARS
OCC: AGRICULTURE
Digitally
signed by
SHILPA R 3. SANDEEP @ PRADEEP
TENIHALLI
Location: S/O SHIVASHARANAPPA
HIGH AGE: 27 YEARS
COURT OF
KARNATAKA OCC: CARPENTOR
4. BABURAO
S/O SHARANAPPA MINCHANAKAR
AGE: 40 YEARS
OCC: LABOUR
5. RAMLINGA
S/O SIDDAPPA KASANKAR
AGE: 52 YEARS
OCC: AGRICULTURE
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NC: 2024:KHC-K:4388
CRL.P No. 200615 of 2024
C/W CRL.P No. 200618 of 2024
6. AKASH
S/O AMBARYA KASANAKAR
AGE: 22 YEARS
OCC: DRIVER
7. ABHISHEK
S/O BASAVARAJ SALAGAR
AGE: 26 YEARS
OCC: AGRICULTURE
8. SIDDU
S/O SHIVASHARANAPPA MULIMANI
AGE: 40 YEARS
OCC: AGRICULTURE
ALL ARE R/O. BELAMAGI VILLAGE
TQ: ALAND
DIST: KALABURAGI
...PETITIONERS
(BY SRI AVINASH A. UPLOANKAR AND SRI RAVI K.ANOOR,
ADVOCATES)
AND:
THE STATE THROUGH
NARONA POLICE STATION,
DIST: KALABURAGI NOW REPRESENTED
BY ADDL. SPP HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585107
...RESPONDENT
(BY SMT.ANITA M.REDDY, HCGP)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO
RELEASE THE ACCUSED/PETITIONERS ON BAIL IN CRIME
NO.77/2024 OF NARONA POLICE STATION, DIST: KALABURAGI
FOR THE OFFENCE PUNISHABLE U/SEC 143, 147, 148, 341,
323, 324, 326, 307, 354, 448, 109, 504 R/W 149 OF IPC
PENDING BEFORE ADDL. CIVIL JUDGE AND JMFC COURT AT
ALAND, DIST: KALABURAGI.
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NC: 2024:KHC-K:4388
CRL.P No. 200615 of 2024
C/W CRL.P No. 200618 of 2024
IN CRIMINAL PETITION NO.200618/2024
BETWEEN:
1. JAIBHEEM
S/O SHIVASHARANAPPA MULIMANI
AGE: 24 YEARS, OCC: AGRICULTURE
2. SUNIL S/O ANNAPPA KASAN
AGE: 24 YEARS
OCC: AGRICULTURE
3. AMBARAYA
S/O SHARANAPPA KASAN
AGE: 37 YEARS
OCC: ENGINEER
4. SHIVASHARANAPPA
S/O MALAKAPPA JOPAN
AGE: 54 YEARS
OCC: ENGINEER
5. VIJAYAKUMAR
S/O ANNAPPA BASANAKAR
AGE: 31 YEARS
OCC; AGRICULTURE
6. ALOKUMAR
S/O BASAPP BASANAKAR
AGE: 28 YEARS
OCC: AGRICULTURE
7. BHIMASHANKAR
S/O. KSHEMALINGA BASANAKAR
AGE: 22 YEARS
OCC: AGRICULTURE
8. SHARANABASAPPA
S/O AMBARAYA KASANKAR
AGE: 35 YEARS
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NC: 2024:KHC-K:4388
CRL.P No. 200615 of 2024
C/W CRL.P No. 200618 of 2024
OCC: AGRICULTURE
9. SHIVASHARANAPPA
S/O DHULAPPA SUTAR
AGE: 54 YEARS
OCC; AGRICULTURE
10. BABURAO
S/O NAGAPPA BALA
AGE: 49 YEARS
OCC: AGRICULTURE
11. RAJKUMAR
S/O MATANNA MULIMANI
AGE: 19 YUEARS
OCC: STUDENT
12. JEEVANKUMAR
S/O. BABU MINCHANKAR
AGE: 19 YEARS
OCC: STUDENT
13. ROHAN
S/O SANTOSH JOPAN
AGE: 24 YEARS
OCC: STUDENT
14. AKSAH
S/O BASAVARAJ SALAGAR
AGE: 20 YEARS
OCC: STUDENT
ALL ARE R/O BELAMAGI VILLAGE
TQ. ALAND, DIST : KALABURAGI
...PETITIONERS
(BY SRI AVINASH A. UPLOANKAR AND SRI RAVI K.ANOOR,
ADVOCATES)
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NC: 2024:KHC-K:4388
CRL.P No. 200615 of 2024
C/W CRL.P No. 200618 of 2024
AND:
THE STATE THROUGH
NARONA POLICE STATION
DIST: KALABURAGI
NOW REPRESENTED
BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 107
...RESPONDENT
(BY SMT.ANITA M.REDDY, HCGP)
THIS CRL.P IS FILED U/S.438 OF CR.P.C PRAYING TO
ALLOW THE PETITION AND BE PLEASED TO ISSUE NECESSARY
DIRECTIONS TO THE RESPONDENT POLICE TO RELEASE THE
ACCUSED / PETITIONERS ON BAIL IN CRIME NO.77/2024 OF
NARONA POLICE STATION, DIST. KALABURAGI, FOR THE
OFFENCE PUNISHABLE U/SEC. 143, 147, 148, 341, 323, 324,
326, 307, 354, 448, 109, 504 R/W 149 OF IPC, PENDING
BEFORE ADDL. CIVIL JUDGE AND JMFC COURT AT ALAND,
DIST. KALABURAGI.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
These two petitions under Sections 439 and 438 of Cr.P.C arise out of Crime No.77/2024 registered by the Narona Police Station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307, 354, 448, 109 and 504 read with Section 149 of -6- NC: 2024:KHC-K:4388 CRL.P No. 200615 of 2024 C/W CRL.P No. 200618 of 2024 IPC and therefore they are heard together and disposed of by this common order.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.77/2024 was registered by the Narona Police Station, Kalaburagi for the aforesaid offences against 36 persons on the basis of the first information dated 23.05.2024 received from injured Smt.Parvathi W/o Ambaraj Jinje, who is a Member of the Belamagi Grampanchayat. During the course of the investigation accused Nos.1, 5, 7, 17, 18, 20, 21 and 27 were arrested by the police and remanded to judicial custody. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.868/2024 was rejected against them on 11.06.2024. Therefore, they are before this Court in Crl.P.No.200615/2024. Apprehending arrest in the case accused Nos.4, 6, 8, 9, 12, 13, 16, 19, 22, 23, 24, 26, 29 and 30 had filed Crl.Misc.No.883/2024 before the Court of the Principal Sessions Judge and same was rejected as against them by order dated 11.06.2024. -7-
NC: 2024:KHC-K:4388 CRL.P No. 200615 of 2024 C/W CRL.P No. 200618 of 2024 Therefore they are before this Court in Crl.P.No.200618/2024.
4. learned counsel for the petitioners having reiterated the grounds urged in the petitions submits that the petitioners have no criminal antecedents. The petitioners have been falsely implicated in the present case. The offence under Section 307 of IPC does not get attracted as against the petitioners. The petitioners are ready to abide by the conditions to be imposed by this Court. Accordingly, he prays to allow the petitions.
5. Per contra, learned High Court Government Pleader has opposed the bail petitions.
6. It is the case of the prosecution that on 22.05.2024 at about 8.00 p.m. at the instigation of the Panchayat Development Officer and the President of Belamagi Gram Panchayat, the accused named in the FIR had formed themselves into an unlawful assembly and had abused and assaulted the first informant, who is a sitting Member of Belamagi Gram Panchayat. In the incident that -8- NC: 2024:KHC-K:4388 CRL.P No. 200615 of 2024 C/W CRL.P No. 200618 of 2024 had taken place on 22.05.2024 at about 8.00 p.m., accused No.1 allegedly assaulted the first informant on her mouth with a stone and as a result, the first informant had lost her teeth and accused Nos.2 and 28 allegedly assaulted the first informant with iron rods on her head. Accused Nos.8 and 9 allegedly instigated these accused to assault the first informant. The allegation as against other accused persons is about assaulting other persons, who came to rescue the first informant. It is further stated that accused No.31 had taken away the gold mangalasutra from the neck of the injured after she fell down unconscious.
7. From a reading of the averments made in the FIR, it is very clear that the allegation of assault on the first informant with a weapon is only as against accused Nos.1, 2 and 28. Accused Nos.10 and 11 allegedly had assaulted the injured with their hands on her cheek. In the incident that had taken place on 22.05.2024, the injured Parvati had suffered six injuries. Out of the same, -9- NC: 2024:KHC-K:4388 CRL.P No. 200615 of 2024 C/W CRL.P No. 200618 of 2024 injury Nos.1 to 3 are said to be simple injuries and injury Nos.4 to 6 are said to be grievous in nature. Injury Nos.4 to 6 read as follows:
"4. Abrasion of lower anterior teeth.
5. Fracture of left partial bone, left body of mandible.
6. Extra axial hemorrhage in left partial connectivity."
8. The aforesaid injuries appear to have been caused by the alleged assault made by accused Nos.1, 2 and 28. Accused No.1 is said to be in custody from 25.05.2024 onwards. Accused No.2 is not before this Court. Accused No.28 has been already granted regular bail by the jurisdictional Sessions Court. So far as other accused persons are concerned, there is no allegation as against them about assaulting the first informant, who is only the person, who had suffered grievous injuries in the present case. The major portion of the investigation is completed and the injured has been already discharged
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NC: 2024:KHC-K:4388 CRL.P No. 200615 of 2024 C/W CRL.P No. 200618 of 2024 from the hospital and her condition is said to be stable. Except accused No.1 none of the petitioners herein have assaulted the injured with any weapon. Accused No.1 allegedly had assaulted the injured/victim with a stone on her mouth and as a result, she had lost her two lower interior teeth. He is in custody from 25.05.2024. The facture injury suffered by the victim is as a result of the assault with an iron rod by accused Nos.2 and 28. Under the circumstances, I am of the opinion that the prayer made by the petitioners in these two petitions is required to be granted. Accordingly, following order is passed:
ORDER The petition filed by the petitioners/accused Nos.1, 5, 7, 17, 18, 20, 21 and 27 in Criminal Petition No.200615/2024 under Section 439 of Cr.P.C. and the petition filed by the petitioners/accused Nos.4, 6, 8, 9, 12, 13, 16, 19, 22, 23, 24, 26, 29 and 30 in Criminal Petition No.200618/2024 under Section 438 of Cr.P.C. are allowed.
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NC: 2024:KHC-K:4388 CRL.P No. 200615 of 2024 C/W CRL.P No. 200618 of 2024 The petitioners/accused Nos.1, 5, 7, 17, 18, 20, 21 and 27 are directed to be enlarged on bail in Crime No.77/2024 registered by Narona Police Station, Kalaburagi district, registered for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307, 354, 448, 109, 504 read with Section 149 of IPC, pending before the Court of Additional Civil Judge and JMFC at Aland, subject to the following conditions:
a) The petitioners shall execute personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future;
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NC: 2024:KHC-K:4388 CRL.P No. 200615 of 2024 C/W CRL.P No. 200618 of 2024 The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners/accused Nos.4, 6, 8, 9, 12, 13, 16, 19, 22, 23, 24, 26, 29 and 30 in the event of their arrest in Crime No.77/2024 registered by Narona police station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307, 354, 448, 109, 504 read with Section 149 of IPC, pending before the Court of Additional Civil Judge and JMFC, Aland, subject to the following conditions:
1. The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.
2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
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NC: 2024:KHC-K:4388 CRL.P No. 200615 of 2024 C/W CRL.P No. 200618 of 2024
3. The petitioners shall not tamper with the prosecution witnesses and they shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioners shall not involve in similar offences in future.
Sd/-
JUDGE SN/SRT List No.: 1 Sl No.: 9