Karnataka High Court
Nijalingappa B Alias Nijalingappa S/O ... vs The State Of Karnataka on 6 October, 2023
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NC: 2023:KHC-D:11938
CRL.P No. 102239 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL PETITION NO. 102239 OF 2023
BETWEEN:
NIJALINGAPPA B. @ NIJALINGAPPA
S/O BALLARAPPA @ B. BALLARAPPA,
AGE: 28 YEARS,
OCC: SALES OFFICER IN CHOLA FINANACE BALLARI,
R/O WARD NO 21, ASHRAYA COLONY,
NEAR GOVERNMENT PRIMARY SCHOOL,
HOSAPETE DIST: VIJAYANAGARA-583201.
...PETITIONER
(BY SRI. B. ANWAR BASHA, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH GAMDHI NAGAR,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
ANNAPURNA HIGH COURT OF KARNATAKA,
CHINNAPPA BENCH AT DHARWAD 580001.
DANDAGAL
...RESPONDENT
Digitally signed
by ANNAPURNA (BY SMT. GIRIJA S. HIREMATH, HCGP)
CHINNAPPA
DANDAGAL
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C, PRAYING THIS COURT TO, ALLOW THIS PETITION AND
ENLARGE THE PETITIONERS/ ACCUSED NO.2 ON REGULAR
BAIL IN CRIME NO. 63/2023 REGISTERED IN GANDHINAGAR
POLICE STATION BALLARI FOR THE OFFENCE U/SEC. 380 OF
IPC PENDING TRIAL OF THE CASE BEFORE THE PRL. CIVIL
JUDGE AND JMFC BALLARI.
THIS PETITION, COMING ON FOR DICTATION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:11938
CRL.P No. 102239 of 2023
ORDER
Petitioner who is arraigned as accused No.2 has filed this petition under Section 439 of Criminal Procedure Code (for short, "Cr.P.C") to grant him bail in Crime No.63/2023 of respondent/Gandhi Nagar Police Station for the offences punishable under Sections 109, 219, 507 and 380 of the Indian Penal Code (for short, "IPC").
2. In support of his petition, petitioner has contended that he is innocent and law abiding citizen. He has not committed alleged offences. When accused No.1 committed the theft, he was not present at the spot. Complainant was harassing accused No.1 to do more work. Having fed up with his behavior, in order to teach him lesson, accused No.1 took the order sheet from the file and sent its photographs through WhatsApp to the petitioner and in turn petitioner has sent it to the cell phone of complainant through WhatsApp. There is no direct involvement of petitioner in the alleged crime. Later, the order sheet was sent to the Court through post. -3-
NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023 Therefore, no damage is caused. There is no recovery from the petitioner.
2.1 Notice was issued to the petitioner by the investigating officer under Section 41 of Cr.P.C. Accordingly, he appeared before the investigation officer and gave his voluntary statement that his intention was to warn the complainant/Shirastedar through Presiding Officer as he was torturing the accused No.1. He has no knowledge of accused No.1 having committed theft of order sheet. The alleged offences are triable by the Magistrate. Petitioner is ready and willing to abide by any conditions that may be imposed and offer substantial surety to the satisfaction of the trial Court and prays to allow the petition.
3. Learned High Court Government Pleader submitted oral objections stating that accused No.1- Ashwini was working as peon in the Court of IV Additional District and Sessions Judge (Commercial Court, Ballari) on contract basis. M.A.No.01/2023 was pending on the file of -4- NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023 the said Court and it was posted to 31.05.2023 for orders. Since on that day, the stenographer was on leave, it was adjourned to 06.06.2023 for orders. On 02.06.2023 the Bench Clerk H.Parameshwarappa, FDA of the said Court handed over the file to stenographer C.Nagarathna.
4. On the same day, counsel appearing for respondent filed a memo with written arguments. After bringing it to the notice of the Presiding Officer, the bench clerk entered the same in the order sheet, enclosed with the file and sent the file to stenographer.
5. However, on 05.06.2023 at about 10:45 A.M., the stenographer informed the Bench Clerk that order sheet is not available in the file. It was brought to the notice of the Presiding Officer and all the staff searched for the order sheet but did not find it. They continued the search. On 08.06.2023 at 2:25 P.M., the Shirastedar of the said Court received an unanimous call from cell No.9742205247 to his cell No.9972804800 and the said person inform him that he is sending some documents to -5- NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023 his WhatsApp and he should see it. At about 2.34 P.M., Shirastedar received two massages i.e. copies of page No.4 of the order sheet in M.A.No.01/2023 and he was shocked. He brought it to the notice of the Presiding Officer.
6. The Presiding Officer, Smt.Vimal R.Nandagaon called all the staff to her chamber and disclosing the fact of missing of the order sheet, directed the staff to call to the number of unanimous caller. Accordingly, the Shirastedar Bench clerk Parameshwarappa, Dalayath Siddesh, peon Ashwini and the Presiding Officer called the said number, but the person did not receive the call. Later, when Bench Clerk H. Parameshwarappa called the said number, the person received the call and H.Parameshwarappa told him that from the WhatsApp photographs, he is convinced that the caller is having the order sheet and requested him to return the same. The unanimous caller demanded that the Shirastedar should be fined i.e, he should be made to pay fine and disconnected the call. However, in between 7 to 7:30 P.M., the -6- NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023 unanimous caller called H.Parameshwarappa over phone and demanded whether the Shirastedar is made to pay fine or not. H.Parmeshwarappa replied that he is going to pay the fine and he is also ready to pay any amount he want. He demanded and requested him to return the order sheet. Accused No.2 replied that he did not want any money and presently, he is at Bangalore and disconnected the call.
7. On 08.06.2023, at about 1.00 P.M., the unanimous caller called H. Parmeshwarappa and when he requested him to return the order sheet, he replied that at present he is in Bangalore and he would return the order sheet. However, he gave threat saying that he is going to remove files from the Court. However the unanimous caller went on postponing returning the order sheet. On 09.06.2023, the fact of missing of order sheet was brought to the notice of the Principal District Judge, Ballari.
8. As per the directions of the Principal District Judge and Presiding Officer of the Commercial Court, the -7- NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023 complainant i.e. Shirastedar was ready to lodge the complaint, but was waiting with the fond hope that the person may return the orders sheet. On 14.06.2023 the unanimous caller called the administrative Shirastedar of Principal District Judge Court and informed that he has kept the order sheet in the postbox. However, the order sheet was not found in the postbox. However on 16.06.2023 at 2:15 PM, the order sheet was sent through post. Accordingly, the complaint is filed.
9. Based on the complaint, initially a case was registered in Crime No.63/2023 against unknown person. During investigation, accused No.1 and 2 were arrested. The investigation reveal that at the relevant point of time, accused No.1-Ashwini was working on contract basis as peon in IV Additional District and Sessions Court (Commercial Court). Contending that the Shirastedar of the said Court was extracting more work from her and to teach him a lesson, she committed theft of the order sheet in M.A.No.1 of 2023 and handed it over to accused No.2 who was known to her. In turn, accused No.2 called the -8- NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023 court staff as well as the Presiding Officer, Smt.Vimala Nandgaon and gave threat to them that if they failed to make Shirastedar pay fine, the order sheet would not be returned and it would be handed over to the High Court. Charge sheet makes out a Prima facie case against both accused. If released on bail, petitioner may abscond and also threaten the prosecution witnesses and pray to reject the petition.
10. Thus, it is the definite case of the prosecution that at the relevant point of time, A1-Ashwini was working as peon in the court of IV Additional District and Sessions Judge (Commercial Court) she was having a grouse against the Shirastedar that he was extract more work from her and in order to teach him a lesson, she committed theft of the order sheet in M.A.No.1 of 2023 and handed it over to petitioner. In turn, petitioner made various calls to the staff as well as the Presiding Officer of the said court and gave threat either to make the Shirastedar pay fine or he would handover the order sheet to the High Court. He also gave threat that similar theft -9- NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023 would be committed and files would be removed from the table of Shirastedar. Petitioner has gone to the extent calling the Presiding Officer of IV Additional District and Sessions Court and gave threat to her saying that he is at Bangalore and he is going to handover the order sheet to the High Court.
11. During investigation, it was found that petitioner was the unanimous caller. After conducting detailed investigation, charge sheet is filed against both accused (including the petitioner) for the offences punishable under sections 109, 219, 507, and 380 IPC. Though these offences are non-bailable, they are not punishable with death and imprisonment for life. Petitioner is arrested on 08.08.2023 and since then he is in judicial custody. Having regard to the fact that already investigation is completed and charge sheet is filed, the continued incarceration of the petitioner is not required. Having regard to the fact that majority of the witnesses are the court staff and also judicial officer, the possibility of petitioner threatening or tampering with the witnesses
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NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023 is remote. Ofcourse in the event of granting bail, there is possibility of petitioner absconding, for which it would be necessary to impose a stringent conditions.
12. For the above reasons, this court is of the considered opinion that the petitioner is entitled to be released on bail and accordingly the following:
ORDER Petition is allowed.
Petitioner/accused No.2 is released on bail in Crime No.63/2023 of Gandhinagar Police Station for the offences punishable under Sections 109, 219, 507 and 380 of IPC, subject to following:
CONDITIONS
a) The petitioner/accused No.2 shall execute a personal bond in a sum of Rs.50,000/- with two sureties for the like-sum.
b) Petitioner/accused No.2 shall not tamper with the prosecution witnesses either directly or indirectly.
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NC: 2023:KHC-D:11938 CRL.P No. 102239 of 2023
c) Petitioner/accused No.2 shall not indulge in any criminal activities.
d) Petitioner/accused No.2 shall be regular in attending the Court proceedings.
d) Petitioner/accused No.2 shall mark his attendance once in a month on every 1st Sunday before the jurisdictional police station.
f) The trial court is directed to frame charges against both accused No.1 and 2 and conduct trial and dispose of the matter at the earliest preferably within a period of six months from the date of receipt of copy of this order.
g) Registry is denied to send copy to this order to the Trial Court forthwith.
Sd/-
JUDGE AC,CLK List No.: 1 Sl No.: 51