Karnataka High Court
Ningappa And Anr vs The State Of Karnataka on 10 November, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.201148/2017
BETWEEN:
1. NINGAPPA S/O BANNAPPA MANJALPUR
AGE:25 YEARS, OCC:AGRICULTURE,
2. BHOMANNA S/O BANNAPPA MANJALPUR
AGE:19 YEARS, OCC: AGRICULTURE,
BOTH R/O VILLAGE DEVATKAL,
TQ.SHORAPUR, DIST. YADGIRI-585201.
... PETITIONERS
(BY SRI S.S.ASPALLI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SHORAPUR POLICE
STATION, REPRESENTED BY
ADDL.SPP.
... RESPONDENT
(BY SRI. SHESHADRI JAISHANKAR, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER
SECTION 438 OF CR.P.C. SEEKING DIRECTIONS TO
THE RESPONDENT-SHORAPUR POLICE TO RELEASE
THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.243/2017 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 341,323,324,504,307
R/W SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petition is filed under Section 438 of Cr.P.C. seeking directions to the respondent-Shorapur Police to release the petitioners on bail in the event of their arrest in Cr.No.243/2017 for the offences punishable under Sections 341,504,323,324 and 307 R/W Section 34 of IPC.
2. On receipt of MLC from GGH, Surpur, the SHO of Shorapur Police Station went to Govt. Hospital, Supur and recorded the statement of injured Siddanna S/o Nagappa Mulimani on 7.8.2017 between 00.30 a.m. and 01.30 a.m. and a case came to be registered on the same day at 02.10 a.m. It is stated in the 3 statement/complaint that there was enmity between the complainant and accused in respect of Mango tree. On 6.8.2017 at 4.30 p.m. the accused No.1 was cutting the branches of the Mango tree, at that time, when Mallikarjun son of complainant objected for it, the accused bet him. In this connection the complainant went to Shorapur to stating to lodge complaint. At 7.30 p.m. on the same day when the complainant was on the way to his house, the accused restrained him, abused him in filthy language and accused No.1 with an intention to kill him hit the complainant with axe on his head twice. Accused No.2 hit the complainant with club on his back and legs. Accused No.3 instigating accused Nos.1 and 2. The injuries sustained by the complainant are as follows;
i) Cut lacerated wound over the right hand, size 2cm x 1cmx1cm.
ii) Contusion over the right side parietal region, size 3 cm x 2cm.
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iii) X-ray of right hand: Fracture of proximal phalynx of ring finger (4th finger), fracture of terminal phalynx of 4th & 5th finger.
3. Learned counsel for the petitioners would submit that the complainant-injured is discharged from the hospital.
4. In the context and circumstances of the case, if the relief of anticipatory bail is granted to the petitioners, no prejudice would be caused to the prosecution or its case. However, the apprehension of the petitioners would be resolved by imposing stringent conditions.
Hence the;
ORDER Petition is allowed. In the event of arrest of the petitioners in Cr.No.243/2017 of Shorapur Police Station for the offences punishable under Sections 341,504,323,324 and 307 R/W Section 34 of IPC, they shall be released on bail on they executing personal 5 bond for a sum of Rs.50,000/- each with one surety for like sum to the satisfaction of the I.O. subject to the following conditions;
1. The petitioners shall not terrorize of tamper the prosecution witnesses in any manner.
2. The petitioners shall not leave Yadgir district without the permission of trial Court.
3. The petitioners shall mark their attendance before the I.O. on every Saturday between 7.00 P.M. and 8.00 P.M. till submission of final report.
Sd/-
JUDGE NSP