Karnataka High Court
Shri. Suresh S/O. Dhareppa Mutnal vs The State Of Karnataka on 24 June, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24 T H DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No.100989/2021
C/w
CRIMINAL PETITION No.100987/2021
CRIMINAL PETITION No.100989/2021
BETWEEN:
SHRI. S URES H S/ O. DHAREPPA MUT NAL
AGE. 43 YEARS ,
OCC. CONVICT ED/ADVOCATE
R/O. ITNAL VI LLA GE, TQ. RAIBAG,
DIST. BELAGAVI 591235
NOW AT CENTRAL PRISON ,
HINDALAGA, BELA GAVI
...PETITIONER
(BY SRI. SANTOSH.B.RAWOOT, ADVOCATE)
AND
THE STATE OF KARNATAKA
REPRES ENTED BY THROUGH
INVESTIGATION OFFICER PSI,
RAIBAG POLICE ST ATION
TQ RAIBAG, DIST. BELGAVI
REP. BY SPECIAL PUBLUI C PROS ECUTOR
HIGH COURT OF K ARNATAKA,
DHARWAD-580011.
... RES PONDENT
(BY SRI. R.RAVINDRA NAIK, HCGP)
2
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKING TO ALLOW THE PETITION AND THE
PETITIONER MAY BE ENLARGED ON TEMPORARY BAIL
FOR A PERIOD OF F OUR MONTHS IN RAIBA G
P.S .CRIME N O.82/ 2012 WHICH IS PENDING ON THE
FILE OF VII ADD L.DISTRICT AND SESSIONS JUD GE
BELAGAVI SITTING AT CHIKODI IN S.C.N O.79/2013
FOR THE OFFEN SE PUNISHABLE UNDER SECTION
143,147,148,307,341,324,326,427,120B,109, 201 R/ W
149 OF I PC AND 201 R/W SEC 3,5 R/SEC 25(1) (a) 27
AND 29(a) OF THE ARMS ACT .
CRIMINAL PETITION No.100987/2021
BETWEEN
SHRI. S URES H S/ O. DHAREPPA MUT NAL
AGE. 43 YEARS ,
OCC. CONVICT ED/ADVOCATE
R/O. ITNAL VI LLA GE, TQ. RAIBAG,
DIST. BELAGAVI 591235
NOW AT CENTRAL PRISON ,
HINDALAGA, BELA GAVI
...PETITIONER
(BY SRI. SANTOSH.B.RAWOOT, ADVOCATE)
AND
THE STATE OF KARNATAKA
REPRES ENTED BY THROUGH
INVESTIGATION OFFICER PSI,
YAMAKANMARADI POLI CE STATION
TQ: HUKK ERI, DIS T. BELGAVI
REP. BY SPECIAL PUBLUI C PROS ECUTOR
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, DHARWAD-580011.
... RES PONDENT
(BY SRI. R.RAVINDRA NAIK, HCGP)
3
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKING TO ALLOW THE PETITION AND THE
PETITIONER-ACCUSED NO.1 MAY BE ENLARGED ON
TEMPORARY BAIL FOR A PERIOD OF FOUR MONTHS IN
YAMAKANAMARADI P.S .CRIME NO.208/2011 WHI CH IS
PENDING ON THE FILE OF VII ADDL.DISTRICT AND
SESSIONS JUD GE BELA GAVI SITTING AT CHIK ODI I N
S.C.NO.19/ 2013 FOR THE OFF ENCE PUNIS HABLE
UNDER SECTI ONs 143, 147, 148, 307, 324, 120B, 504
R/W 149 OF IPC AND SECTION 25( 1-B) (a) AND 27( i)
OF THE INDIAN ARMS ACT.
THESE CRIMINAL PETITIONS COM ING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Criminal Petition No.100989/2021 is filed by accused No.19 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) of Raibag P.S. Crime No.82/2012, seeking temporary bail for a period of four months. Criminal Petition No.100987/2021 is filed by accused No.1 under Section 439 of Cr.P.C., of Yamakanamaradi P.S. Crime No.208/2011, seeking temporary bail for a period of four months.
4
2. The Raibag police in Crime No.82/2012 is registered for the offence punishable under Sections 143, 147, 148, 307, 341, 324, 326, 427, 120B, 109, 201 R/W 149 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity) and Section 3,5 r/w Section 25(1) (a), 27 and 29(a) of the Indian Arms Act. Yamakanamaradi P.S. Crime No.208/2011 is registered for the offences punishable under Sections 143, 147, 148, 307, 324, 120B, 504 r/w Section 149 of IPC and Section 25(1-B) (a) and 27(i) of The Indian Arms Act (hereinafter referred to as the 'Act', for brevity).
3. The petitioner in both the cases is one and the same who has been convicted for the offence punishable under Sections 302 and 201 r/w Section 34 of IPC and Section 30 of 5 the Act, in S.C.No.378/2011 on 11.02.2013 by II Addl. District and Sessions Judge, Belagavi. Challenging the said judgment of conviction, the petitioner before this Court in Criminal Appeal No.2582/2013 and the same came to be dismissed confirming the conviction of the petitioner. During the pendency of trial in S.C.No.378/2011, another case came to be registered against the petitioner in S.C.No.72/2011 for the offences punishable under Sections 302 and 201 r/w Section 34 of IPC and Section 30 of the Act and in the same case also the petitioner has been convicted by the II Addl. District and Sessions Judge, Belagavi by judgment dated 11.02.2013. That on 28.03.2012, another crime came to be registered against the petitioner in Raibag Police Station in Crime NO.82/2012 for the 6 offences punishable under Sections 143, 147, 148, 307, 341, 324, 326, 427, 120-B, 201 r/w Section 149 of IPC and Section 3, 5, 25(1)(a), 27 and 29(a) of the Act, which is pending on the file of the VII Addl. District and Sessions Judge, Belagavi sitting at Chikodi in S.C.No.79/2013. That on 29.12.2011, another crime came to be registered against the petitioner in Yamakanamaradi P.S. in Crime No.208/2011 registered for the offences punishable under Sections 143, 147, 148, 307, 324, 120B, 504 r/w Section 149 of IPC and Section 25(1-B) (a) and 27(i) of the Act. The petitioner has not applied for any bail in the said two cases. The petitioner who is accused Nos.19 and 1 filed Crl.Misc.No.5184/2021 and Crl.Misc.No.5186/2021, seeking temporary bail for a period of four months and both the cases 7 came to be rejected by separate orders both dated 05.04.2021. Therefore, the petitioner is before this Court seeking temporary bail for a period of four months.
4. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
5. Learned counsel for the petitioner contend that the wife of petitioner is suffering from dysfunctional uterine bleeding and her condition is critical and she needs major surgery and he has to make arrangements for the said surgery. He further contended that the petitioner wanted to undertake a construction of house in Sy.No.51 of Itnal village and also to harvest the sugarcane, maize and turmeric crops. On these grounds, the petitioner prays 8 to grant of temporary bail for a period of four months.
6. Per contra, learned High Court Government Pleader contended that the petitioner is convicted prisoner undergoing sentence in two cases and still two cases are pending against him and if he is granted temporary bail, there are every chances of his repeating the offences and threatening the complainant and other prosecution witnesses. With this, he prayed to dismiss the petition.
7. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through orders passed by the Sessions Judge.
9
8. The petitioner on the earlier occasion has been granted temporary bail in Yamakanamaradi P.S. Crime No.208/2011, for a period of 30 days for the purpose of attending the marriage of his daughter. There is no allegation of his violating the conditions imposed while releasing him on temporary bail. The petitioner has produced medical certificate dated 20.02.2021 issued by the Medical Officer, Primary Health Centre, Chinchali, Tq:
Raibag, Dist: Belagavi, wherein it is certified that Smt. Sunanda W/o: Suresh Mutanal, of Itnal Village, aged 33 years is suffering from dysfunctional uterine bleeding and her condition is critical and needs major surgery. As the wife of petitioner is suffering from a disease which required a major surgery, his prayer for temporary bail can be considered by 10 imposing stringent conditions and it is subject to grant of parole by the concerned jail authorities. The petitioner has made out a case for grant of temporary bail for a period of four months.
9. In the result, I pass the following:
ORDER Criminal Petition Nos.100989/2021 and Criminal Petition 100987/2021 filed under Section 439 of Cr.P.C. are allowed. Consequently, the petitioner shall be released on bail of Raibag P.S. Crime No.82/2012 and Yamakanamaradi P.S. Crime No.208/2011, subject to the following conditions:
i) The 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.11
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall attend the Court on all the dates of hearing.
iv) The petitioner shall surrender before the Court immediately after completion of four months.
v) The petitioner shall not involve in any other criminal activities.
Sd/-
JUDGE RM