Yallappa S/O Laxmappa Ambiger vs The State Of Karnataka on 14 August, 2017

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Karnataka High Court

Yallappa S/O Laxmappa Ambiger vs The State Of Karnataka on 14 August, 2017

Bench: R.B Budihal.

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        IN THE HIGH COURT OF KARNATAKA
                 DHARWAD BENCH

      DATED THIS THE 14TH DAY OF AUGUST 2017

                     BEFORE

      THE HON'BLE MR. JUSTICE BUDIHAL. R.B.

         CRIMINAL PETITION NO.101696/2017

BETWEEN:

YALLAPPA
S/O LAXMAPPA AMBIGER
AGE: 46 YEARS
OCC: CONTRACTOR
R/O: ILAKAL
HUNGUND TALUK
                                     ... PETITIONER

(BY SRI B.S. KUKANGOUDAR &
SRI SANTOSH NARGUND, ADVOCATES)

AND

THE STATE OF KARNATAKA
THROUGH PSI ILAKAL POLICE STATION
REPRESENTED BY ITS ADDL. S.P.P.
SPP OFFICE
HIGH COURT OF KARNATAKA
DHARWAD BENCH
                                    ... RESPONDENT

(BY SRI PRAVEEN K. UPPAR, HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL
PETITION AND TO ENLARGE HIM ON BAIL IN THE EVENT
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OF HIS ARREST ON SUCH TERMS AND CONDITIONS AS
DEEMED FIT, OF ILKAL P.S.I. IN ITS CRIME NO.13 OF 2017
FOR THE OFFENCES PUNISHABLE UNDER SECTION 143,
147, 307, 323, 504 AND 506 READ WITH SECTION 149 OF
IPC.

     THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT, MADE THE FOLLOWING:

                        ORDER

This petition is filed by the petitioner-accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent Police to release the petitioner on bail in the event of his arrest of the alleged offences punishable under Sections 143, 147, 307, 323, 504, 506 read with 149 of I.P.C. registered in respondent Police Station Crime No.13/2017.

2. Brief facts of the prosecution case that complaint came to be filed against the petitioner on the allegation that on 06.02.2017 at about 1.30 noon before Ilakal Police Station as the officials of Ilakal Town Municipal Council had furnished a false report about laying tar road in some of the streets of Ilakal Town :3: Municipality. Complainant lodged the complaint against them before the A.C.B., Bagalkot. Therefore, the officials of Ilakal Town Municipal Council were nursed hatred against the petitioner. When such being the case, on 04.02.2017 at 11.30 a.m. when himself and other traders of the vicinity started questioning the municipal officers namely N.R.Raikar, A.E.E. and M.M.Patil, Junior Engineer over storm water drain work they had undertaken infront of Venkatraman Temple situated in Ilakal Bazaar and it is alleged that Junior Engineer- M.M.Patil went a distance away from them and made a call to some persons. Immediately 4 to 5 gundas came to the spot and started to beat him with their hands hurling abuses against him and bet him all over his face, chest, stomach, lower stomach, waist, testicles etc., thereby tried to kill him. On the basis of the said complaint, case came to be registered for the alleged offences.

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3. Heard the arguments of the learned counsel appearing for the petitioner-accused and also the learned HCGP appearing for the respondent-State.

4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced along with the petition.

5. During the course of argument, it is submitted by the learned High Court Govt.Pleader that the injuries sustained are simple in nature and the injured had been already discharged from the hospital. So this goes to show that at this stage the life of the complainant is out of danger and it is safe also. The alleged offence under Section 307 of I.P.C. though non- bailable in nature, but not exclusively punishable with death or imprisonment for life.

6. Petitioner has contended that he is innocent and not involved in committing the alleged offence and :5: he has undertaken that he is ready to abide by any conditions to be imposed by this Court. Hence, I am of the opinion that by imposing reasonable conditions petitioner can be admitted to anticipatory bail. Accordingly, petition is allowed. The respondent Police are directed to enlarge the petitioner on bail in the event of his arrest in Crime No.13/2017 registered for the above said offence, subject to the following conditions:

i. Petitioner has to execute personal bond for a sum of Rs.50,000/- and furnish one surety for the like sum to the satisfaction of the arresting authority.

ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.

iii. Petitioner has to make himself available before the I.O. for interrogation, as and when called for.

iv. Petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.

Sd/-

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