Karnataka High Court
Koteppa @ Koteshappa vs State Of Karnataka, on 27 February, 2017
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27th DAY OF FEBRUARY 2017
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.100242/2017
BETWEEN
1. KOTEPPA @ KOTESHAPPA
BASAVANNEPPA SATAGIHALLI,
AGE: 54 YEARS, OCC: AGRICULTURE,
R/O: HOLABIKONDA, TAL: HIREKERUR,
DIST: HAVERI.
2. GUDDAPPA BASAVANNEPPA SATAGIHALLI,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: HOLABIKONDA, TAL: HIREKERUR,
DIST: HAVERI.
3. SIDDU @ SIDDANAGOUDA KOTEPPA SATAGIHALLI,
AGE: 31 YEARS, OCC: AGRICULTURE,
R/O: HOLABIKONDA, TAL: HIREKERUR,
DIST: HAVERI.
4. SHIVANAGAVVA W/O GUDDAPPA SATAGIHALLI,
AGE: 50 YEARS, OCC: HOUSEHOLD,
R/O: HOLABIKONDA, TAL: HIREKERUR,
DIST: HAVERI.
5. RATNAVVA W/O KOTEPPA SATAGIHALLI,
AGE: 45 YEARS, OCC: AGRICULTURE,
R/O: HOLABIKONDA, TAL: HIREKERUR,
DIST: HAVERI.
6. GIRISH KOTEPPA @ KOTESHAPPA SATAGIHALLI,
AGE: 26 YEARS, OCC: SERVICE,
R/O: 10TH CROSS, VIJAYANAGARA
NARASIPURA LAYOUT,
BENGALURU.
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7. SHIVAKUMAR GUDDAPPA SATAGIHALLI,
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O: HOLABIKONDA, TAL: HIREKERUR,
DIST: HAVERI.
8. JAYAMMA W/O BASANAGOUDA HANAMAGOUDRA,
AGE: 37 YEARS, OCC: HEAD MASTER PRIMARY
SCHOOL, GODACHIKONDA,
R/O: HIREKERUR.
... PETITIONERS
(By Sri. S.H. MITTALKOD, ADVOCATE)
AND
1. STATE OF KARNATAKA,
REPRESENTED BY S.P.P.,
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 GRANT THEM
ANTICIPATORY BAIL IN CRIME NO.4/2017 OF
HIREKERUR POLICE STATION PENDING ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC, HIREKERUR FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 147,
107, 323, 324, 326, 504, 506 READ WITH SECTION 149
OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard the learned counsel for the petitioners and learned High Court Government pleader for the respondent. Perused the records.
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2. The respondent-police have registered a case in Crime No.4/2017 for the offences under Sections 143, 147, 107, 323, 324, 326, 504, 506 read with Section 149 of IPC. It appears that the injured died subsequently, therefore the police have also invoked the provision under Section 302 of IPC. The petitioners have been arrayed as accused No.1, 2, 4 to 9 in the above said case.
3. A first information report was lodged by one Gangappa Fakeerappa Sattigihalli of Holabikonda village. It is stated that the complainant and the accused persons have got some civil disputes with reference to 6 acres, 20 guntas of land in Sy.No.81/1 and 81/2. It is stated that, when the case was pending, the parties were often quarreling with each other. In this back ground, it is alleged that, on the day of the incident that is on 09.01.2017 the complainant had been to the land, on hearing that the accused persons are cutting trees in the said lands along with him his sons-in-law by name Gadigeppa Shivanagouda Makari and Basavarajappa 4 Shivanagouda Makari have also went to the said land. As soon as they reached the lands, accused No.1 started abusing the complainant and his family members with filthy language and caught hold the complainant and dragged him from one side to another. At that time accused No.2/petitioner No.2 Guddappa Basavanneppa Sattigihalli abused the complainant and provoked the other accused persons to assault the complainant. Infact accused No.3-Harish has assaulted the deceased with the help of a cart-peg due to which the complainant sustained sever injuries to his head. The accused No.4 also picked up a stone and assaulted on the right side eye of the injured. The accused No.3 also assaulted the other two persons by name Gadigeppa Shivanagouda Makari and Basavarajappa Shivanagouda Makari.
4. The accused No.5, 6 and 7 were also standing there. They were all provoking the other accused persons. The names of accused Nos.8 and 9 are not forthcoming in the FIR. On the basis of the above said 5 allegations police have started the investigation. The investigation is still under progress.
5. Under the above said facts and circumstances, I am of the opinion that, accused Nos.1, 2 and 4 are not entitled to be enlarged on anticipatory bail at this stage because there are serious allegations against them with regard to instigation and also accused No.4 assaulted the complainant with a stone. However the allegations against accused Nos.5 to 9 are that they were only present and instigated the other accused persons but they have actually not participated in assaulting the deceased. Hence petition deserves to be partly allowed in sofar as accused Nos.5 to 9 i.e. petitioner Nos.4 to 8. Hence, the following :
ORDER The petition is dismissed sofar as accused No.1, 2, 4 (petitioner Nos.1, 2 and 3) are concerned. The petition is allowed insofar as accused Nos.5 to 9 (petitioner Nos.4 to 8) are concerned and they shall be enlarged on bail in the event of their arrest in connection with Crime 6 No.4/2017 for the offences under Sections 143, 147, 107, 323, 324, 326, 504, 506 read with Section 149 of IPC on the following conditions :
(i) The petitioner Nos.4 to 8 shall surrender themselves before the investigating officer within week from the date of receipt of a copy of this order.
(ii) Petitioner Nos.4 to 8 shall execute a personal bond for a sum of Rs.1,00,000/- each, with one surety for the like sum to the satisfaction of the Investigating Officer.
(iii) The petitioner Nos.4 to 8 shall not indulge in hampering the investigation and tampering the prosecution witnesses, in any manner.
(iii) Petitioner Nos.4 to 8 shall appear before the Investigating Officer as and when required for the purpose of investigation, interrogation etc., 7
(iv) Petitioner Nos.4 to 8 shall also attend the Court on all future hearing dates unless exempted by the Court for any genuine reasons.
(v) Petitioner Nos.4 to 8 shall not leave the jurisdiction of the trial Court without prior permission till the case registered against them is disposed off.
Sd/-
JUDGE KMS/CKK