Karnataka High Court
Sunil S/O Beerappa Padigodi vs State Of Karnataka on 25 April, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
ON THE 25TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.100835 OF 2018
C/W CRIMINAL PETITION NO.100757 OF 2018
IN CRL.P.NO.100835/2018:
BETWEEN
SUNIL S/O BEERAPPA PADIGODI
AGED ABOUT 29 YERS,
OCC:AGRICULTURE & COOLIE,
R/O. NAZIK LAKAMAPUR,
TQ & DIST:HAVERI.
... PETITIONER
(BY SRI. NEELENDRA D. GUNDE FOR
SRI. ARAVIND D. KULKARNI, ADVS.)
AND
STATE OF KARNATAKA
THROUGH HAVERI RURAL POLICE STATION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING, DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO GRANT OF REGULAR BAIL IN C.C.
NO.709/2017 PENDING ON THE FILE OF PRL. CIVIL JUDGE
(JR.DN.) & JMFC, HAVERI (HAVERI RURAL POLICE STATION
CRIME NO.76/2017) REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 302, 447,
504, 506 READ WITH SECTION 149 OF IPC.
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IN CRL.P.NO.100757/2018:
BETWEEN
1. SANNASIDDAPPA S/O SIDDAPPA PADAGODI
AGE: 76 YEARS, OCC: AGRICULTURE,
R/O: NAJIKALAKAMAPUR,
TQ & DIST: HAVERI.
2. BEERAPPA S/O SANNASIDDAPPA PADAGODI
AGE: 34 YEARS, OCC: AGRICULTURE,
R/O: NAJIKALAKAMAPUR,
TQ & DIST: HAVERI.
3. MALTESH S/O SHIDAPPA PADIGODI
AGE: 30 YEARS, OCC: COOLIE,
R/O: NAJIKALAKAMAPUR,
TQ & DIST: HAVERI.
... PETITIONERS
(BY SRI. R H ANGADI, ADV.)
AND
THE STATE OF KARNATAKA
(RURAL POLICE STATION, HAVERI)
R/BY ITS STATE PUBLIC PROSECUTOR,
DHARWAD, HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
... RESPONDENT
(BY SRI.PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., PRAYING TO ALLOW THE PETITION AND TO
ENLARGE THE PETITIONERS WHO ARE ARRAYED AS ACCUSED
NOS.17, 18 AND 8 RESPECTIVELY AS PER FIR, ON BAIL IN
CONNECTION WITH HAVERI RURAL POLICE STATION CRIME
NO.76 OF 2017 DATED 19.05.2017 FOR THE OFFENCES
PUNISHABLE UNDER SECTION 143, 147, 148, 323, 302, 447,
504, 506 READ WITH SEC. 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Criminal Petition No.100835/2018 is filed by accused No.2 and Criminal Petition No.100757/2018 is filed by accused Nos.17, 18 and 8 for grant of regular bail in Crime No.76/2017, which is now pending on the file of Civil Judge (Jr.Dn.) and JMFC, Haveri in C.C. No.709/2017 for the offences punishable under Sections 143, 147, 148, 323, 302, 447, 504, 506 read with Section 149 of IPC.
2. The case of the prosecution is that, in connection with the property dispute between the husband of the complainant and accused persons, on 19.05.2017 at about 9.30 a.m. all the accused persons unlawfully assembled and tress-passed into the filed of Siddappa and assaulted him with deadly weapons and during the incident, accused persons assaulted the relative of the deceased by name Banneppa, who came to rescue the deceased.
3. The learned HCGP has not filed any statement of objections, but has orally opposed the petitions. :4:
4. Heard the learned counsel for the petitioners and learned HCGP for the respondent-State and perused the records.
5. The learned counsel for the petitioners submits that, the complainant's husband had obtained injunction order from the Civil Court restraining the accused persons from entering into the property comprising in R.S.No.25 of Najeekalakamapur village in O.S.No.88/2016. Further, he submits that initially FIR was registered against 30 accused persons and after investigation, charge sheet has been laid only against 16 accused persons. Insofar as accused No.2 is concerned, the material allegations are that he assaulted with a club on the leg of the deceased. Insofar as accused Nos.17, 18 and 8, general allegations are made that all these accused persons assaulted the deceased. Taking into consideration, the overall facts and circumstances of the case, by order dated 26.03.2018 in Criminal Petition No.100337/2018 connected with Criminal Petition No.100306/2018 and Criminal Petition No.100359/2018, accused Nos.13 and 16 were enlarged :5: on regular bail and accused No.10 was admitted to anticipatory bail. The petitioners herein also stand on the same footing as that of the above accused. Hence, the following:
ORDER The petitions are allowed.
Petitioner - Sunil S/o. Beerappa Padigodi (accused No.2) in Criminal Petition No.100835/2018 and the petitioner No.1 - Sannasiddappa S/o. Siddappa Padagodi (accused No.17), petitioner No.2 - Beerappa S/o. Sannasiddappa Padagodi (accused No.18) and petitioner No.3 - Maltesh S/o. Shiddappa Padigodi (accused No.8) in Criminal Petition No.100757/2018 are ordered to be enlarged on bail in Crime No.76/2017 of Haveri Rural Police Station subject to the following conditions:
i) The petitioners/accused Nos.2, 17, 18 and 8 shall furnish a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with one surety each for the like sum to the satisfaction of the trial Court.:6:
ii) The petitioners/accused Nos.2, 17, 18 and 8 shall appear before the trial Court as and when required.
iii) The petitioners/accused Nos.2, 17, 18 and 8 shall not threaten or lure the prosecution witnesses and shall not tamper the evidence.
Sd/-
JUDGE Rsh