Karnataka High Court
Sri. Pampapathi Naik S/O Yanka Naik vs The State Of Karnataka on 30 August, 2017
Author: R.B Budihal
Bench: R.B Budihal.
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF AUGUST 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.101813/2017
BETWEEN:
1. SRI. PAMPAPATHI NAIK S/O YANKA NAIK
AGE: 45 YEARS, OCC: TEACHER IN GOVT. SCHOOL,
HOSALLI, R/O: UJJINI ROAD, KOTTUR TOWN,
TAL: KUDLIGI, DIST: BALLARI.
2. SRI.AMBRESH NAIK S/O LOKYA NAIK
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: TIMMALAPURA THANDA,
TAL: KUDLIGI, DIST: BALLARI.
3. SRI.NAGARAJ NAIK S/O YANKA NAIK
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O: TIMMALAPURA THANDA,
TAL: KUDLIGI, DIST: BALLARI.
4. SRI.KOMARI NAIK S/O YANKA NAIK
AGE: 35 YEARS, OCC: AGRICULTURE,
R/O: TIMMALAPURA THANDA,
TAL: KUDLIGI, DIST: BALLARI.
5. SRI.KUBERA NAIK S/O LAKSHMA NAIK
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O: TIMMALAPURA THANDA,
TAL: KUDLIGI, DIST: BALLARI.
6. SRI.MANJU NAIK S/O CHANDRA NAIK
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O: TIMMALAPURA THANDA,
TAL: KUDLIGI, DIST: BALLARI.
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7. SRI.VEERESH NAIK S/O SOMLA NAIK
AGE: 26 YEARS, OCC: AGRICULTURE,
R/O: TIMMALAPURA THANDA,
TAL: KUDLIGI, DIST: BALLARI.
8. SRI.SOMLA NAIK S/O LAKSHMA NAIK
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O: TIMMALAPURA THANDA,
TAL: KUDLIGI, DIST: BALLARI.
9. SRI.SUNIL NAIK S/O SANYA NAIK
AGE: 24 YEARS, OCC: STUDENT,
R/O: TIMMALAPURA THANDA,
TAL: KUDLIGI, DIST: BALLARI.
... PETITIONERS
(BY SRI.SRINAND A PACHHAPURE, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
THROUGH THE KOTTUR POLICE STATION,
NOW REP. BY SPP,
HIGH COURT OF KARNATAKA
DHARWAD BENCH, AT DHARWAD.
... RESPONDENT
(BY SRI.ANAND K.NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., SEEKING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONERS IN THE EVENT OF THEIR ARREST IN CRIME NO.
100/2017 REGISTERED FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 295-A, 504 AND 506 READ WITH SECTION 34 OF IPC
BY THE RESPONDENT-KOTTUR POLICE STATION.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT, MADE THE FOLLOWING:
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ORDER
This petition is filed by the petitioners/accused Nos.1 to 9 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent Police to release the petitioners/accused Nos.1 to 9 on bail in the event of their arrest for the alleged offences punishable under Sections 295A, 504, 506 read with Section 34 IPC registered in respondent Police Station Crime No.100/2017.
2. Brief facts of the prosecution case as per the complaint averments that, on 10.07.2017 at about 8.00 p.m. there was 'Galata' between the President of Valmiki Sangha and one Dish Nagaraj and at that time elders of the village pacified the quarrel and sent them to their house. Thereafter, at night hours the accused persons gathered near board of Valmiki Sangh and abused the Valmiki Community peoples and in the late night the above said persons insulted the Valmiki Community people by putting slippers on the Valmiki Sanga's Board and poured :4: cow-dung. On the basis of the said complaint case came to be registered for the said offences.
3. Heard the learned counsel appearing for the petitioners/accused Nos.1 to 9 and also the learned HCGP appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, Complaint and also other materials produced. Looking to the contents of the complaint, complainant is not a eye witness to the incident, because in the complaint in latter part of the complaint he has mentioned that, the said matter was already informed to the police by the members of their sangh and in the complaint he never claimed he has seen the incident of putting the slippers to the board of Valmiki Sangh. The petitioner contended in the bail petition that, they were not involved in committing the alleged offences, there is false implication of the petitioners and they are ready to abide by any reasonable conditions to be imposed by Court. It is no doubt true in the complaint, it is mentioned that in the morning there :5: was quarrel in between the President of said sangh and one Dish Nagaraj, but how that incident is connected with the present incident and how these petitioners are connected to the said incident, between the President and Dish Nagaraj there is no mention in the said complaint. The alleged offences are also triable by the Magistrate Court, they are not exclusively punishable with death or imprisonment for life.
5. Hence petition is allowed, the respondent Police are hereby directed to enlarge the petitioners/accused Nos.1 to 9 on bail in the event of their arrest in Crime No.100/2017 for the above said offences, subject to the following conditions:
i. Petitioners have to execute personal bond for a sum of Rs.50,000/-each, and furnish one surety for the like sum to the satisfaction of arresting authority.
ii. Petitioners shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioners have to make themselves available before the IO for interrogation, as and when called for.:6:
iv. Petitioners have to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/-
JUDGE Ckk