Karnataka High Court
Manjunath S/O Kallappa Badami vs The State Of Karnataka on 7 July, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 7th DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.101895/2022
c/w CRIMINAL PETITION No.101896/2022
In Crl.P.No.101895/2022
BETWEEN:
1 . MANJUNATH S/O KALLAPPA BADAMI
AGE.51 YEARS, OCC.AGRICULTURE,
2 . SIDDALINGA S/O KALLAPPA BADAMI
AGE.48 YEARS, OCC.AGRICULTURE,
3 . SMT PARAVVA W/O BHIMAPPA BADAMI
AGE.64 YEARS, OCC.AGRICULTURE,
4 . SMT PRATIMA W/O BASAVARAJ BADAMI
AGE.34 YEARS, OCC.AGRICULTURE,
5 . SMT BABY W/O SIDRAMAPPA BADAMI
AGE.36 YEARS, OCC.AGRICULTURE,
6 . SMT SHANKARAVVA D/O BHIMAPPA BADAMI
AGE.29 YEARS, OCC.ADVOCATE,
7 . SHANTAVVA W/O KALLAPPA BADAMI
AGE.65 YEARS, OCC.AGRICULTURE,
8 . SMT. REKHA BADAMI,
AFTER MARRIAGE CALLED AS REKHA
W/O HANUMANTAPPA DEVARAMANI,
AGE.36 YEARS, OCC.AGRICULTURE,
2
9 . JAYAPRAKASH S/O SHIVANAND BADAMI
AGE.32 YEARS, OCC.AGRICULTURE,
10 . SUJATA W/O JAYAPRAKASH BADAMI
AGE.30 YEARS, OCC.HOUSEWORK,
11 . LAKSHMAVVA D/O BASAPPA BADAMI
AGE.60 YEARS,OCC.HOUSEWORK,
12 . SHEKHAPPA S/O DEVAPPA BANKADMANI
AGE.40 YEARS, OCC.AGRICULTURE,
13 . BASAVARAJ S/O BHIMAPPA BADAMI
AGE.40 YEARS, OCC.AGRICULTURE,
ALL ARE RESIDENTS OF KUMBAR ONI,
TQ. NAVALGUND, DIST. DHARWAD 582 208
.. PETITIONERS
(BY SMT. SMITA B.H., ADV. FOR SRI. R.H. ANGADI, ADV.)
AND:
THE STATE OF KARNATAKA
NAVALAGUND POLICE STATION
REP BY STATE PUBLIC PROSECUTOR,
THE HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD-580011
.. RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP.)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., SEEKING
TO DIRECT THE NAVALGUND POLICE TO ENLARGE THE PETITIONERS
WHO ARE ARRAYED AS ACCUSED NOs.2 TO 14 ON BAIL IN THE EVENT OF
THEIR ARREST IN CONNECTION WITH NAVALGUND P.S. CRIME
NO.89/2022, DATED 06.06.2022, FOR THE ALLEGED OFFENCES
PUNISHABLE U/S 109, 506, 504, 355, 143, 147, 148, 149, 307, 323, 324,
354 OF IPC.
3
In Crl.P.No.101896/2022
BETWEEN:
SIDDARAMA ALIAS SIDDARAMAPPA
S/O KALLAPPA BADAMI
AGE.41 YEARS, OCC.AGRICULTURE,
R/O.KUMBAR ONI,
TQ,NAVALGUND,
DIST.DHARWAD-582208
.. PETITIONER
(BY SMT. SMITA B.H., ADV. FOR SRI. R.H. ANGADI, ADV.)
AND
THE STATE OF KARNATAKA
NAVALGUND POLICE STATION
REP BY STATE PUBLIC PROSECUTOR
THE HIGH COURT OF KARNATAKA
DHARWAD BENCH,
DHARWAD-580011
RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., SEEKING
TO DIRECT THE NAVALGUND POLICE TO ENLARGE THE PETITIONER WHO
IS ARRAYED AS ACCUSED NO.1 ON BAIL IN THE EVENT OF HIS ARREST
IN CONNECTION WITH NAVALGUND P.S. CRIME NO.89/2022, DATED
06.06.2022, FOR THE ALLEGED OFFENCES PUNISHABLE U/S 109, 506,
504, 355, 143, 147, 148, 149, 307, 323, 324, 354 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
4
ORDER
Criminal Petition No.101895/2022 is filed by the petitioners/accused Nos.2 to 14 and Criminal Petition No.101896/2022 is filed by the petitioner/accused No.1 under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for brevity) for granting anticipatory bail in Crime No.89/2022 registered by the Navalagund Police Station, for the offence punishable under Sections 109, 506, 504, 355, 143, 147, 148, 149, 307, 323, 324 and 354 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for brevity).
2. Heard the arguments of the learned counsel appearing for the petitioners and the learned High Court Government Pleader for the respondent/State.
3. The case of the prosecution is that, one Smt. Jyothilaxmi Sahadevappa Shirol filed a complaint before the police on 06.06.2022 alleging that on the said day at 10:00 am when she was in the house along with her co-sister, accused No.1-Siddarama and accused No.14-Basavaraj came to their house and were stating that still they have not died in spite of the wall being collapsed due 5 to heavy rain. When they questioned the same, accused Nos.1 and 14 called other accused Nos.2 to 13. They also came with deadly weapons and went inside the house of the complainant, dragged her out and accused No.1 snatched axe from accused No.3 and assaulted on the head of the complainant. Then all other accused assaulted the complainant with stones and sticks and also assaulted her co-sister, dragged her and outraged the modesty. Then the neighbouring persons anemly Basha Hanchinal, Aslam Hanchinal, Basavaraj Shirol, Muttanna Gadigennavar and others came and pacified the quarrel. There are eyewitnesses to the incident. Therefore, she prayed for taking action against them. The complainant also stated that the accused are influential persons. After registering the case, the police were making hectic efforts to arrest the petitioners, they approached the Sessions Judge for granting anticipatory bail which came to be dismissed. Hence, the petitioners are before this Court.
4. Learned counsel for the petitioners strenuously contended that the petitioners are innocent of alleged offence. They have been falsely implicated. There are case and counter 6 case registered against both the groups. All of them are relatives. Father of accused No.4 is uncle of the complainant. Therefore, all are relatives and since due to civil dispute a complaint has been registered, counter case is also registered against the complainant and party. The injured is out of danger. They are ready to abide any conditions. Hence, prayed for granting anticipatory bail.
5. Per contra, learned High Court Government Pleader seriously objected the petitions and contended that the petitioners are required for custodial investigation and the weapon has to be recovered and investigation is still pending. Hence, prayed for dismissal of the petitions.
6. Having heard the learned counsel for the parties, perused the records.
7. On perusal of the same, admittedly, case and counter case is registered against both the groups. This present case is registered on 06.06.2022 in Crime No.89/2022. However, accused No.4-Paravva filed a counter complaint after two days of the present complaint i.e. on 08.06.2022 which is registered for the offence punishable under Sections 324 and 326 of IPC but not 7 under Sections 307 and 448 of IPC. Here in the present case, the accused Nos.1 and 14 came near the house of the complainant and were mocking that, they taught that due to heavy rain, there will be two deaths in the house but none of them are dead. When the same was questioned by the complainant, accused Nos.1 and 14 called other accused persons through mobile phone. Thereafter, accused No.3 came with deadly weapons like axe and other accused came with sticks and stones and quarrel took place. Even accused No.4 went inside the house and dragged the complainant out of the house and also scolded her and thereafter accused No.1 assaulted on the head with axe by snatching from accused No.3. Thereafter, accused no.3 also assaulted.
8. The very quarrel took place because of accused Nos.1 and 14. They came and picked up quarrel and subsequently, they called other accused persons. The weapons used by the accused persons are taken back by them. Therefore, it is clear that, the very quarrel took place because of accused Nos.1 and 14 and still the police are required to recover axe from accused No.1. 8
9. Considering the facts and circumstances of the case and on the other hand that, among the accused, accused Nos.5 to 9 and 11 and 12 are women, therefore, I hold accused Nos.1 and 14 are required for custodial interrogation and other accused persons are entitled for anticipatory bail. Accordingly, I pass the following order.
Criminal Petition No.101896/2022 filed by accused No.1 is hereby dismissed.
Criminal Petition No.101895/2022 is allowed in part. Criminal Petition filed by accused No.14/petitioner No.13 is hereby dismissed and criminal petition filed by petitioner Nos.1 to 12 is allowed. The respondent-Navalagund police are directed to release the petitioner Nos.1 to 12/accused Nos.2 to 13 on bail in the event of their arrest in Crime No.89/2022 subject to the following conditions:
i. The petitioners 1 to 12 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii. The petitioner Nos.1 to 12 shall surrender themselves before the Investigating Officer within 9 fifteen days from the date of receipt of a certified coy of this order.
iii. The petitioner Nos.1 to 12 shall not tamper the prosecution witnesses directly or indirectly. iv. The petitioner Nos.1 to 12 shall not indulge in similar offence.
v. The petitioner Nos.1, 2, 9 and 12 are directed to appear before the Investigating Officer on every Monday between 10.00 a.m. and 4.00 p.m. for a period of two months or till filing of charge sheet whichever is earlier and other women accused shall appear before the Investigating Officer as and when required for the purpose of Investigation.
vi. The petitioner Nos.1 to 12 shall deemed to be in custody for the purpose of any recovery under Section 27 of the Indian Evidence Act, 1872.
Sd/-
JUDGE kmv