Karnataka High Court
Bheemu S/O Shivappa Karadalli And Ors vs The State Of Karnataka on 8 November, 2012
Author: C.R.Kumaraswamy
Bench: C.R.Kumaraswamy
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 08TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR.JUSTICE C.R.KUMARASWAMY
CRIMINAL PETITION NO.15996/2012
BETWEEN
1. BHEEMU S/O SHIVAPPA KARADALLI
AGE: 35 YEARS, OCC: COOLIE
R/O NASAR JANG AREA, CHITTAPUR.
2. SANNA NAGAPPA @ NARASAPPA
S/O TIMMAYYA BASHIRABAD
AGE: 18 YEARS, OCC: COOLIE
R/O NASAR JANG AREA, CHITTAPUR.
3. RAJU S/O IRAPPA ANDOL
AGE: 40 YEARS, OCC: COOLIE
R/O NASAR JANG AREA, CHITTAPUR.
4. RAJU S/O SABANNA KARADALLI
AGE: 20 YEARS, OCC: COOLIE
R/O NASAR JANG AREA, CHITTAPUR.
... PETITIONERS
(BY SRI.MAHANTESH DESAI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH CHITTAPUR P.S.
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
CIRCUIT BENCH, GULBARGA
... RESPONDENT
(BY SRI SUBHASH MALLAPUR, HCGP)
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THIS CRIMINAL PETITION FILED UNDER SECTION 438 OF
CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING TO
RELEASE THE ACCUSED PETITIONERS ON BAIL IN CRIME
NO.69/2012 OF CHITTAPUR POLICE STATION GULBARGA IN THE
EVENT OF THEIR ARREST, WHICH IS REGISTERED FOR THE
OFFENCES P/U/Ss.147, 148, 323, 324, 504, 302, 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This Criminal Petition is filed under Section 438 of Cr.P.C. by the Advocate for the petitioners praying that this Court to release the accused-petitioners on bail in Crime No.69/2012 of Chittapur Police Station, Gulbarga in the event of their arrest, which is registered for the offences punishable under Sections 147, 148, 323, 324, 504, 302 read with Section 149 of Indian Penal Code.
2. I have heard the learned counsel for the petitioners as well as the learned High Court Government Pleader. Learned High Court Government Pleader has filed the objection statement.
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3. I have perused the FIR. The contents of the FIR discloses that Chittapur police have registered a case in Crime No.69/2012 against the accused Nos.1 to 9. Its contents further discloses that on 18.07.2012 at 4.30 p.m. when Tayappa and Yallappa were quarrelling in connection with the money transaction, Bheemu S/o Babu Bhagodi intervened between them, at that time, accused No.1 and 8 others assaulted Bheemu. Consequently, while he was taking treatment at Chittapur hospital, he succumbed to the injuries. The statement of the father of deceased was recorded at 5.30 P.M. at Government Hospital, Chittapur. Subsequently, at 7.00 p.m. case was registered.
4. The name of the petitioners No.1 to 4 found in the FIR as accused No.1, accused No.5, accused No.8 and accused No.7 respectively. It is alleged that accused No.1 along with other accused assaulted deceased Bheemu S/o Babu Bhagodi. Normally, anticipatory bail will be granted where the offences are trivial in nature when the accused are 4 women, children, minors, when the accusation appears to be frivolous and malafide. In this case, complainant's son has been assaulted by the accused No.1 and others, consequently he died. Post-mortem examination report reveals that the cause of death of Bheemu S/o Babu Bhagodi is due to vasovegal shock. Therefore, considering the facts and circumstances of the case, I am of the opinion that it is not a fit case to grant anticipatory bail.
5. In the result, I pass the following:
ORDER This Criminal Petition is dismissed.
Sd/-
JUDGE NSP