Karnataka High Court
Naganagouda vs The State Of Karnataka on 21 September, 2017
Author: R.B Budihal
Bench: R.B Budihal.
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL. R.B
CRIMINAL PETITION NO.102009/2017
C/w. CRIMINAL PETITION NO.102023/2017
IN CRIMINAL PETITION NO. 102009/2017
BETWEEN:
1. NAGANAGOUDA S/O HIREGOUDA
AGED ABOUT 32 YEARS,
OCC. STUDENT (LL.B),
R/O HIREHADLIGI VILLAGE,
BALLARI TALUK & DISTRICT-583 117.
2. BASAVANAGOUDA S/O HIREGOUDA
AGED ABOUT 40 YEARS
OCC. AGRICULTRUE
R/O HIREHADLIGI VILLAGE
BALLARI TALUK & DISTRICT-583 117.
3. GIREGOUDA S/O. LATE LINGANAGOUDA
AGED ABOUT 70 YEARS
OCC. AGRICULTURIST,
R/O HIREHADLIGI VILLAGE
BALLARI TALUK & DISTRICT-583 117.
4. LINGANAGOUDA S/O PARAMESHWARA GOUDA
AGED ABOUT 45 YEARS
OCC. AGRICULTURIST,
R/O HIREHADLIGI VILLAGE
BALLARI TALUK & DISTRICT-583 117.
:2:
5. PARAMESHWARA GOUDA
S/O SANNA BASAVANAGOUDA
AGED ABOUT 50 YEARS
OC. AGRICULTURIST
R/O HIREHADLIGI VILLAGE
BALLARI TALUK & DISTRICT-583 117.
6. VISHWANATH S/O VENKANAGOUDA
AGED ABOUT 27 YEARS
OCC. GOVERNMETN EMPLOYEE,
SERVING AS FDA IN INDUSTRIAL
TRRAINING CENTRE AT SINDHANURU
IN RAICHUR DISTRICT.
7. VENKANAGOUDA S/O PARAMESHWARAGOUDA
AGED ABOUT 55 YEARS
OCC. AGRICULTURIST
R/O HIREHADLIGI VILLAGE
BALLARI TALUK & DISTRICT-583 117.
... PETITIONERS
(BY SRI.Y.LAKSHMIKANT REDDY, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
(THROUGH POLICE INSPECTOR)
MOKA POLICE STATION
BALLARI DISTRICT)
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K. UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., SEEKING TO RELEASE THE PETITIONER ON BAIL IN
THE EVENT OF THEIR ARREST IN CRIME NO.118/2017
REGISTERED BY MOKA POLICE STATION BALLARI OFFENCE
:3:
PUNISHABLE UNDER SECTION 143, 147, 148, 307, 323, 324,
504, 506, 448 READ WITH SECTION 149 OF THE IPC.
IN CRIMINAL PETITION NO. 102023/2017
BETWEEN:
1. HARSHAVARDHANA S/O VENKANAGOUDA
AGED ABOUT 28 YEARS,
2. MANJUNATH S/O PARAMESHWARA GOUDA
AGED ABOUT 20 YEARS,
BOTH ARE R/O HIREHADLIGI VILLAGE
BALLARI TALUK AND DISTRICT
... PETITIONERS
(BY SRI.Y.LAKSHMIKANT REDDY, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
(THROUGH POLICE INSPECTOR,
MOKA POLICE STATION, BALLARI DISTRICT)
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD.
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C., SEEKING TO GRANT ON BAIL IN CRIME NO.
118/2017 REGISTERED BY MOKA POLICE STATION BALLARI
FOR OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148,
307, 323, 324, 504, 506, 448 READ WITH SECTION 149 OF IPC.
:4:
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT, MADE THE FOLLOWING:
COMMON ORDER
Since these two petitions are in respect of same Crime Number, they were taken together to dispose of them by this common order in order to avoid the repetition of discussion of facts and law.
2. Criminal Petition No.102009/2017 is filed by accused Nos.1 to 5, 8 and 9 under Section 438 of Cr.P.C. and connected petition i.e., Criminal Petition No.102023/2017 is filed by the accused Nos.6 and 7 under Section 439 of Cr.P.C. seeking their anticipatory and regular bail respectively, for the alleged offences punishable under Sections 143, 147, 148, 307, 323, 324, 504, 506, 448 read with Section 149 of IPC registered in respondent police station Crime No.118/2017.
3. Heard the arguments of the learned counsel appearing for the respective petitioners in respect of both :5: petitions, so also the arguments of the learned HCGP appearing for the respondent-State in both the petitions.
4. Learned counsel for the petitioners made the submission that, false allegations are made against the petitioners and the petitioners are innocent, they are not involved in committing the said offences. Hence he submitted to allow both the petitions and grant the regular and anticipatory bail respectively as prayed for.
5. Per contra, the learned High Court Government Pleader made submission that, looking to the prosecution material, there is a prima-facie case as against the petitioners in respect of both petitions. Hence he submitted that, petitioners are not entitled to be granted with bail.
6. I have perused the grounds urged in the bail petitions, FIR, complaint and other materials produced in the cases, during hearing of these two petitions both sides made the submission that, injured has been already :6: discharged from the hospital, condition of his life is safe and out of danger, though alleged offence under Section 307 of IPC is non-bailable in nature, but it is not exclusively punishable with death or imprisonment for life. The petitioners herein in both the petitions also contended that, there is counter case in Crime No.119/2017 filed against the complainant and others of this case. Therefore looking to these aspects of the matter that counter case pending in Crime No.119/2017, I am of the opinion that, petitioners can be admitted to regular and anticipatory bail as prayed for in respective petitions.
7. Accordingly, both petitions are allowed.
8. In the Criminal Petition No.102009/2017, respondent Police is directed to enlarge the petitioners/accused Nos.1 to 5, 8 and 9 on bail in the event of their arrest in Crime No.118/2017 for the above said offences, subject to the following conditions: i. Petitioners/accused Nos.1 to 5, 8 and 9
have to execute personal bond for a sum of Rs.50,000/- each, and furnish one :7: surety for the like sum to the satisfaction of arresting authority.ii. Petitioners/accused Nos.1 to 5, 8 and 9
shall not tamper with any of the prosecution witnesses directly or indirectly.iii. Petitioners/accused Nos.1 to 5, 8 and 9
have to make themselves available before the IO for interrogation, as and when called for.iv. Petitioners/accused Nos.1 to 5, 8 and 9
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.
9. Petitioners in Criminal Petition No.102023/2017 who are accused No.6 and 7 are ordered to be released on bail in Crime No.118/2017 registered by the respondent Police for the above said offences, subject to following conditions :
i. Petitioners/accused Nos.6 and 7 shall execute personal bond for a sum of Rs.50,000/-each and furnish one surety for the like sum to the satisfaction of concerned Court.
ii. Petitioners/accused Nos.6 and 7 shall not tamper with any of the prosecution witnesses directly or indirectly.:8:
iii. Petitioners/accused Nos.6 and 7 shall appear before the concerned Court regularly.
Sd/-
JUDGE Ckk