Karnataka High Court
Shri. Nagappa S/O Govind Sanadi vs The State Of Karnataka on 8 December, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8 T H DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.102215 OF 2021
BETWEEN
NAGAPPA S/O. GOVIND SANADI,
AGED ABOUT 32 YEARS, OCC: AGRICULTURE,
R/O: KANCHAKARWADI,
TQ: RAIBAG,
DIST: BELAGAVI-591317.
... PETITIONER
(BY SRI K. ANAND KUMAR, ADVOCATE)
AND
THE STATE OF KARNATAKA
THROUGH RAIBAG POLICE STATION,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
CIRCUIT BENCH,
DHARWAD.
... RESPONDENT
(BY SRI RAMESH B. CHIGARI, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKING TO ALLOW THE PETITION AND
CONSEQUENTLY RELEASE THE PETITIONER ON BAIL
IN CRME NO.142/2019 REGISTERED BY RAIBAG
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POLICE STATION FOR THE OFFENCES PUNISHABLE
UNDER SECTION 143, 147, 148, 302, 201, 109, 120B,
157 AND 506 R/W SECTION 149 OF IPC,.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by accused No.4 under Section 439 of Cr.P.C., seeking bail in Crime No.142/2019 registered by Raibag Police Station for the offence punishable under Sections 143, 147, 148, 302, 201, 109, 120B, 157 and 506 read with Section 149 of the IPC.
2. The case of the prosecution is that on 22.07.2019, accused Nos.1 to 7 made conspiracy to kill deceased Mallappa as he used to inform the Police regarding the theft of cattle, sheep and goats by accused Nos.1 to 7 as there was dispute between them and as earlier 3 accused Nos.1 to 7 used to give cattle, sheep and goats to deceased Mallappa for selling them. It is further case of the prosecution that the accused No.1 had illicit relationship with accused No.8 who is the wife of deceased Mallappa. The deceased Mallappa came to know regarding illicit relationship of accused No.1 with his wife, he stopped talking with accused No.1. It is further case of the prosecution that accused No.8 gave supari of Rs.50,000/- to accused No.1 to kill her husband deceased Mallappa. It is further stated that accused Nos.1 to 7 conspired with each other on 22.07.2019 and thereafter they secured Mallappa and made him to consume alcohol and assaulted him with deadly weapons and killed him. The case has been registered in Raibag Crime No.142/2019 for the offence punishable under Sections 143, 147, 148, 302, 201, 109, 120B, 157 and 506 R/W Section 149 of IPC.
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3. The petitioner came to be arrested on 25.06.2020 and had filed Crl. Misc. No. 5425/2021 seeking bail and the same came to be rejected by VII Additional District and Sessions Judge, Belagavi, sitting at Chikkodi by order dated 27.07.2021. Therefore, he is before this Court seeking bail.
4. Heard learned counsel for the petitioner-accused No.4 and learned HCGP for respondent-State. Perused the records.
5. The contention of the learned counsel for petitioner is that there are no eyewitnesses to the incident and the petitioner has been falsely implicated in the case based on the voluntary statement of accused No.1. There are no materials to connect the petitioner with the alleged crime. He submits that, similarly placed accused Nos.5, 8 and 9 have already 5 been enlarged on bail. With this he prayed to allow the petition.
6. Per contra, the learned HCGP contends that the petitioner is one of the assailants, who participated in the crime. He assaulted on the head of the deceased with deadly weapons. He submits that CWs.16 and 17 have seen the deceased in the company of accused Nos.1 and 2 and the statement of accused No.2 shows that all the accused persons have conspired together to do away the life of the deceased. If petitioner is granted bail, he will commit the similar offences and flee from justice. With this he prayed to reject the bail petition.
7. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader for 6 respondent-State, this Court has gone through the records.
8. It is the case of the prosecution that there was an illicit relationship between wife of the deceased and accused No.1 and since the deceased was quarreling with his wife she conspired with accused No.1 to do away his life and given Rs.50,000/- to accused No.1 and the entire team conspired with other accused persons on 22.07.2019 at 11.30 hours accused No.1 to 7 have committed murder of the deceased with an iron rod and hammer. The incident is alleged to have taken place on 22.07.2019. On 24.07.2019 the dead body was traced in the sugarcane field. Thereafter complaint came to be lodged by the brother of the deceased. Case was registered against unknown persons. During the course of investigation accused Nos.1, 2, 7 and 8 were arrested on 04.09.2019, accused No.9 was arrested on 11.09.2019 and 7 accused Nos.10 and 11 were arrested on 12.09.2019. There are no eyewitnesses to the incident. Insofar as present petitioner is concerned, statements of CWs.16 and 17 do not implicate him. According to the prosecution, CW8 has overheard the accused persons conspiring together to do away the life of the deceased. His statement is already recorded under Section 164 of Cr.P.C. The other accused persons who were similarly placed to that of petitioner are granted bail. Therefore, petitioner is entitled to be enlarged on bail on the ground of parity. The main objection of the prosecution is that if the petitioner is granted bail he will threaten the complainant and other prosecution witnesses and flee from justice. The said objections can be met with by imposing stringent conditions.
9. In the said facts and circumstances of the case, this Court is of the considered view that there are 8 valid grounds for grant bail, subject to conditions. Hence, I pass the following.
ORDER The petition filed under Section 439 of Cr.P.C., is allowed.
The petitioner-accused No.4 shall be released on bail in Crime No.142/2019 of Raibag P.S., subject to the following conditions.
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh Only) with one surety for the like sum to the satisfaction of the jurisdictional Court.
ii) Petitioner shall not indulge in
tampering the prosecution
witnesses.
iii) Petitioner shall attend the Court on all the dates of hearing unless 9 exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE Sbs*