Karnataka High Court
Anil S/O. Timmappa Gollar vs The State Of Karnataka on 10 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102627 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 10TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102627 OF 2022 (438-)
BETWEEN:
1. ANIL S/O. TIMMAPPA GOLLAR
AGE. 22 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
2. TIMMAPPA S/O. FAKKIRAPPA GOLLAR
AGE. 44 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
3. ARUN S/O. TIMMAPPA GOLLAR
AGE. 18 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
4. SAKKAVVA W/O. TIMMAPPA GOLLAR
AGE. 38 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
5. DASAPPA S/O. FAKKIRAPPA GOLLAR
AGE. 48 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
6. YALLAPPA S/O. DASAPPA GOLLAR
AGE. 26 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
7. SUNIL S/O. DASAPPA GOLLAR
AGE. 26 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
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CRL.P No. 102627 of 2022
TQ. HANGAL, DIST. HAVERI.
8. SMT. YALLAMMA W/O. SUNIL GOLLAR
AGE. 22 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
9. PRASHANT S/O. YALLAPPA GOLLAR
AGE. 22 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
10. PRAKASH S/O. YALLAPPA GOLLAR
AGE. 23 YEARS, OCC. COOLIE,
R/O. AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
...PETITIONERS
(BY SRI. CHETAN MUNNOLI, ADVOCATE FOR P1 AND P10;
V/O/D 10.10.2022 PETITION AGAINST P2 TO P9/A2 TO A9 ARE
DISMISSED AS NOT PRESSED)
AND:
1. THE STATE OF KARNATAKA
THROUGH HANGAL P.S.
BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH
2. SURESH HUSENI GOLLAR
AGE. MAJOR, OCC. NOT KNOWN,
R/O: AVALAGERIKOPPA-581104,
TQ. HANGAL, DIST. HAVERI.
FATHER OF VICTIM
...RESPONDENTS
(SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
SRI. M.J.PEERJADE AND SRI. C.B.SHAKUNAVALLI, ADVOCATE FOR
R2)
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CRL.P No. 102627 of 2022
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO PASS AN ORDER TO ENLARGING THE
PETITIONERS/ACCUSED NO.1 TO 10 ON ANTICIPATORY BAIL IN
CRIME NO.107/2022 REGISTERED WITH HANGAL P.S. FOR THE
OFFENCES PUNISHABLE U/S 143, 147, 149, 323, 325, 354(D), 447,
504, 506 OF IPC AND SECTION 12 OF THE PROTECTION OF
CHILDREN FROM SEXUAL OFFENCES ACT, 2012, IN CASE OF THEIR
ARREST.
THIS CR IMINAL PETITIO N COMING ON FOR ORDERS
THIS DAY, THE COURT MA DE THE FOLLOWI NG:
ORDER
This petition is filed by the accused Nos.1 to 10 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.107/2022 of Hangal police station for the offences punishable under Sections 143, 147, 149, 323, 325, 354D, 447, 504, 506 of IPC and Section 12 of the POCSO Act, 2012.
2. In view of filing of the memo by the learned counsel for the petitioners, the petition by the petitioner Nos.2 to 9/accused Nos.2 to 9 has been dismissed as not pressed.
3. The case of the prosecution is that, victim-girl has filed complaint stating that, the petitioner No.1/accused No.1 used to tease and used to capture the photographs of the -4- CRL.P No. 102627 of 2022 complainant when she was on the route from home to college and blackmail her that he would die if she will not lift his mobile phone and if she does not marry him. The father of the victim advised the petitioner No.1 not to do such act. At that time heated conversation took place between petitioner No.1 and father of the complainant. On 09.06.2022 at about 6.30 a.m., the petitioner No.1 along with other petitioners trespassed into the backyard and abused the complainant and the family members of the complainant and also beaten with hands. It is further stated that, the petitioner No.10/accused No.10 punched on the mouth of mother of the complainant, because of which her teeth was dislocated. The said complaint came to be registered in Crime No.107/2022 for the aforesaid offences. The petitioners apprehending their arrest filed Criminal Miscellaneous No.453/2022 seeking anticipatory bail. The said petition came to be allowed insofar as petitioner Nos.2 to 9/accused Nos.2 to 9 are concerned and was rejected insofar as petitioner Nos.1 & 10/accused Nos.1 & 10 are concerned by Additional District and Sessions Judge, FTSC-I, Haveri by order dated 19.07.2022. Therefore, the petitioner -5- CRL.P No. 102627 of 2022 Nos.1 and 10/accused Nos.1 and 10 are before this Court seeking anticipatory bail.
4. Heard the arguments of the learned counsel for the petitioners and the learned HCGP for the respondent- State.
5. The respondent No.2 appeared on the previous date and prayed not to grant anticipatory bail to the petitioners.
6. Learned counsel for the petitioners would contend that, the accused No.8 has filed complaint against the complainant and nine others and in that, the Sessions Court has granted anticipatory bail to the accused persons. It is his further submission that, the alleged offence has taken place on 09.06.2022 and the complaint came to be filed on 14.06.2022 and there is a delay in filing the complaint. The offence alleged against the petitioners are not punishable with death or imprisonment for life. The petitioners are ready to co-operate with the police in the investigation. With this he prayed to allow the petition.
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7. Per contra, learned HCGP would contend that, the investigation is still in progress. There is specific allegation against the petitioner Nos.1 and 10/accused No.1 and 10 in the complaint regarding petitioner No.1 teasing the complainant and taking her photographs and threatening her and petitioner No.10/accused No.10 assaulting the mother of the complainant on her mouth, as a result her tooth was dislocated. It is his further submission that, there are eyewitnesses to the incident. As the investigation is in progress, if the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses and flee from justice. With this, he prayed to reject the petition.
8. Having heard the learned counsel for the petitioners and the learned HCGP for the respondent-State, this Court has gone through the averments of the complaint, FIR, order passed by the Sessions Court and FIR in Crime No.108/2022.
9. The accusation against the petitioner No.1/accused No.1 is that, he used to tease the complainant- -7- CRL.P No. 102627 of 2022 victim girl aged 17 years 6 months and use to take her photographs when she was doing work in the backyard of her house and use to threaten her to take mobile phone thrown by him or otherwise he will commit suicide. The accusation against the petitioner No.10/accused No.10 is that, he assaulted on the mouth of Smt. Yallavva the mother of the complainant, due to which her tooth was dislocated. The offence alleged against the petitioner No.1/accused No.1 are not punishable with death or imprisonment for life. The wound certificate of Yallavva i.e. the mother of the complainant has not been made available to ascertain whether she has sustained simple or grievous injury. The FIR has been registered on 14.06.2022, even after three months the Investigating Officer has not filed final report. The petitioners have undertaken to co-operate with the police in the investigation. The apprehension of the prosecution is that, if the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witness, which can be met with by imposing stringent conditions.
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10. In the facts and circumstances of the case and the submission of the learned counsel, this Court is of the view that, there are valid grounds for grant of anticipatory bail to the petitioner No.1/accused No.1 and petitioner No.10/accused No.10, subject to the terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed by the petitioner Nos.2 to 9/accused Nos.2 to 9 is dismissed as not pressed.
The petition filed by petitioner Nos.1 and 10/accused Nos.1 and 10 filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner Nos.1 and 10/accused Nos.1 and 10 are ordered to be released on bail in the event of their arrest in Crime No.107/2022 of Hangal Police Station, subject to the following conditions:
(i) The petitioner Nos.1 and 10/accused Nos.1 and 10 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the Investigating Officer.
-9- CRL.P No. 102627 of 2022 (ii) Petitioner Nos.1 and 10/accused Nos.1 and 10 shall voluntarily appear before the
Investigating Officer within 15 days from today and execute bail bond and furnish surety.
(iii) The petitioner Nos.1 and 10/accused Nos.1 and 10 shall remain present before the concerned police station on every Sunday between 10.00 a.m. to 2.00 p.m. and mark their presence for a period of two months or till filing of the final report whichever is earlier.
(iv) The petitioner Nos.1 and 10/accused Nos.1 and 10 shall co-operate with the investigation and make themselves available for interrogation whenever required.
(v) The petitioner Nos.1 and 10/accused Nos.1 and 10 shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
(vi) The petitioner Nos.1 and 10/accused Nos.1 and 10 shall not obstruct or hamper the police investigation and not to play mischief
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with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE SVH List No.: 3 Sl No.: 5