Karnataka High Court
Shri. Lakshman S/O Malleshappa ... vs The State Of Karnataka on 8 March, 2021
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION No.100369/2021
BETWEEN :
1. SHRI. LAKSHMAN
S/O MALLESHAPPA MAYANNANAVARA,
AGE 24 YEARS, OCC-AGRICULTURE,
R/O KONANAKERI, TQ-SHIGGAON,
DIST-HAVERI-581110.
2. SHRI.MAHADEVAPPA
S/O MALLESHAPPA MAYANNANAVARA,
AGE 32 YEARS, OCC AGRICULTURE,
R/O.KONANAKERI, TQ-SHIGGAON,
DIST-HAVERI-581110.
3. SHRI.SAHADEVAPPA
S/O MALLESHAPPA MAYANNANAVARA,
AGE 32 YEARS, OCC AGRICULTURE,
R/O KONANAKERI, TQ SHIGGAON,
DIST-HAVERI-581110.
4. SHRI.LOKESH ALIAS PRASHANTH
S/O HANUMANTHAPPA GANGAYI,
AGE 25 YEARS, OCC AGRICULTURE,
R/O KONANAKERI, TQ-SHIGGAON,
DIST-HAVERI-581110.
5. SMT.GIRIJAVVA
2
W/O MALLESHAPPA MAYANNANAVARA,
AGE 55 YEARS, OCC AGRICULTURE,
R/O KONANAKERI, TQ SHIGGAON,
DIST-HAVERI-581110.
...PETITIONERS
(BY SRI B.M.PATIL, ADVOCATE)
AND
THE STATE OF KARNATAKA
REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580004,
THROUGH BANKAPUR P.S.,
TQ-SHIGGAON, DIST-HAVERI.
.........RESPONDENT
(BY SRI RAMESH B.CHIGARI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438(1) OF CR.P.C.,
SEEKING TO GRANT OF ANTICIPATORY BAIL TO THE ABOVE
PETITIONERS/ACCUSED NOS.2 TO 6 IN THE EVENT OF ARRESTED
BY THE BANKAPUR POLICE, SHIGGAON TALUKA, DISTRICT
HAVERI IN CRIME NO.07/2021 REGISTERED U/S 143, 147, 148,
307, 323, 324, 326, 427, 435, 447, 504, 506 R/W 149 OF IPC IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT PASSED THE FOLLOWINGE:
3
ORDER
The petitioners/accused Nos.2 to 6 are before this Court seeking grant of anticipatory bail in Crime No.7/2021 of Bankapur Police Station registered for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 326, 427, 435, 447, 504, 506 read with Section 149 of IPC on the basis of the first information lodged by the informant-Smt Sudha Shyabal.
2. Brief facts of the case are that, the informant- Smt Sudha Shyabal lodged the first information against accused Nos.1 to 6 on 31.01.2021 at 9.15 p.m. stating that there was dispute between her family and that of the accused in the matter of agricultural land bearing Survey No.74/2 measuring 06 acres. The sugarcane was cultivated in the half portion of the land and on 25.01.2021 accused Nos.1, 3, 4 and 6 forming themselves into unlawful assembly brought a tractor with rotator and criminally trespassed into the land that it was cultivated by the informant and her family members and destroyed the sapling. Thereby they caused loss of Rs.60,000/-. They have also set fire to sugarcane seeds and caused loss of Rs.30,000/-. In this regard, a complaint 4 was lodged with the elders in the village. On 31.01.2021, when the informant along with her husband, father-in-law and mother- in-law was in the field, the accused were in their agricultural land and at about 5.30 p.m. all the accused forming themselves into unlawful assembly armed with club and chilly powder came and started abusing the informant and other family members, assaulted them with club all over the body and thrown the chilly powder. The accused have also assaulted the father-in-law of the informant and caused grievous hurt. They have also criminally intimidated to takeaway the life of the informant and her family members and also tried to cause their death. Immediately, the injured were shifted to the Hospital. Therefore, the informant requested the police to register the case and initiate the action. Accordingly, police have registered the case and took up the investigation.
3. Heard the learned counsel Sri B.M.Patil, for the petitioners and learned HCGP Sri Ramesh Chigari for respondent- State.
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4. Learned counsel for the petitioners submits that there was land dispute between the parties and therefore the police complaint came to be lodged arraying these petitioners as accused Nos.2 to 6. They have not committed any offence. There are no prima-facie materials to connect these petitioners to the offence in question. Accused No.1 is already apprehended and he is in judicial custody. These petitioners are not required for custodial interrogation. They are the permanent residents of Konanakeri village of Shiggaon Taluka. He also submitted that the petitioners are ready and willing to abide by any conditions to be imposed by this Court. Hence, he prayed for allowing the petition.
5. Per contra, the learned High Court Government Pleader opposing the petition submitted that serious allegations are made against the accused for having committed the offence. These petitioners are absconding since the date of registration of the case. The injured person sustained two fractures. The investigation is still going on. At this stage, the petitioners are not entitled for grant of anticipatory bail and he prays for dismissal of the petition. Learned HCGP expressed his concern that the 6 petitioners may indulge in commission of similar offences, taking advantage of the anticipatory bail, if granted by this Court.
6. Perusal of the materials on record, in view of the rival contentions, the point that would arise for my consideration is,
1. Whether the petitioners are entitled for anticipatory bail under Section 438 of Cr.P.C.?
7. My answer to the above point is in the affirmative for the following :
REASONS The informant lodged the first information on 31.01.2021 at 9.15 p.m. alleging commission of the offence by accused Nos.1 to 4 on the same date at 5.30 p.m. The wound certificate produced by the learned counsel for the petitioners discloses that the injured-Sri Vithoba Shabal has sustained 2 fractures along with other injuries. All these materials prima-facie show the commission of the offence by the accused. Therefore, the contention of the petitioners that they were falsely implicated in the matter cannot be acceptable at this stage. Even though the investigation is still in progress, admittedly, these petitioners are 7 not required for custodial interrogation or any recovery of any incriminating material. The Wound Certificate also discloses that the injured has been discharged from the Hospital. Therefore, I am of the opinion that the present petitioners may be granted anticipatory bail subject to condition, which will take care of the apprehension expressed by the prosecution that the petitioners may commit similar offence or may tamper or threaten the prosecution witnesses. Hence, I pass the following ORDER The petition is allowed.
The petitioners/accused Nos.2 to 6 are ordered to be enlarged on bail in the event of their arrest in Crime No.7/2021 of Bankapur Police Station.
The petitioners/accused Nos.2 to 6 are directed to appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and on their appearance, the Investigating Officer shall enlarge them on bail subject to the following conditions:-
a. The petitioners/accused Nos.2 to 6 shall furnish personal bond in a sum of Rs.1,00,000/- (Rupees 8 one lakh only) each with two sureties for the likesum to the satisfaction of the Investigating Officer;
b. The petitioners/accused Nos.2 to 6 shall not commit similar offences;
c. The petitioners/accused Nos.2 to 6 shall appear before the Investigating Officer as and when required; and d. The petitioners/accused Nos.2 to 6 shall not threaten or tamper the prosecution witnesses. If the petitioners commit similar offence, the prosecution will be at liberty to move for cancellation of bail granted in their favour.
Sd/-
JUDGE Ckk