Karnataka High Court
Siddappa S/O Mahantappa Kattimani Anr vs The State Through on 19 August, 2011
Author: C.R.Kumaraswamy
Bench: C.R.Kumaraswamy
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA 8 DATED THIS THE 19™ DAY OF AUGUST, 2611 ae BEFORE __ a THE HON'BLE MR. JUSTICE C.R. KUMARASWAHY = CRIMINAL: PETITION-NO; 15663 OF. 201 | c/w. 7 CRIMINAL PETITION NO. 15670 OF 2011 -- IN CRL.P.NO.15669/2011: BETWEEN: i. SIDDAPPA 5/O M iAMANTAPPA KATTIMANL,. AGE: 18 YEARS, Oe ot COOLIE. 2. SHARNAPPA S/O HONNAF PA, KATTIMANI, AGE: 40 YEARS; occ. COOL LIE, , PETITIONERS 1 ANT2 ARE" R/O HOOVINA HALLI: oe TALUK: AFZALPUR DIST: GULBARGA. _. PETITIONERS (BY SRLR.S. KADGANCHI, ADVOCATE) CAND: . THE STATE THROUGH - DEVALGHANGAPAUR F.S. _.. RESPONDENT
(BY SRI. SUBHASH MALLAPUR, HCGP) a, THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CODE OF . CRIMINAL, PROCEDURE PRAYING TO ALLOW THE BAIL PETITION AND RELEASE THE PETITIONERS ON BAIL IN CRIME NO. 61/2011 OF ". DEVALGHANGAPUR POLICE STATION, WHICH IS REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 324, 504, 506, 307, EAD WITH 34 INDIAN PENAL CODE.
cr iminal_ Procedure by petiti tioners-accused Nos.2 and 3 Seeking ahticipatory bail in Crime No.61/2011 of Devalganagapur "Police Station | |
2. The common case of the petitioners in both the . Criminal Petitions is as under: sO | ' Devalganagapur Police have regi istered @ case in Crime No. 61/2011. against accused No.i- "Siddappa, acclised No, 2 Honnappa, accused No.3-Mahantappa, accused 'No. 4- :-Sharanapos fr the offences punishable under Sections 341, 323, 324, (504, 506, 307 read with Section 34 of Indian + Penat Code « on. the compiaint of Sharnapoa. If is alleged in the complaint that complainant is an agriculturist. His father is a Grama Panchayath member. - His uncle is a Reporter in Sanjayavani Newspaper. They. had 14 acres of land. Siddappa, resident oF their village used to 'consume alcohol and make bustie in "front of the: Cattle Shed "of the complainant. In this regard, corp: lainanit had asked him not to make bustle. That on 18.7.2011 at 5 p.m. siddappa Kattimani was making bustle near the Cattle Shed of mi the. compia inant, At that time, the complainant asked him not to
- moke. bustle. Then the Siddappa Kattimanl abused Aim in filthy os language. it is further stated in the complaint that at 5.30 p.m. when a me complainant was proceeding to his house, at that time, accused Nos.i to 4 encircled him and also abused him fi thy | anguage. Honnappa cand Mahantappa caught hold of him and Siddappa took out knife from his. pocket and stabbed on him. Consequently, he sustained stab injures At that time, complainant's mother Lakshrmibai came. | "Sharanappa ; :
assaulted her by means of a stone. Hajappa Dodéamani, Sharanappe . Deddamani, Mahadevappa Doddamani came and pacified the quarrel. petitioners has fled a memo to the 'effect tat ne. dos not press the petition in so far as petit vioner 'No, 1 in cH DB Ns 1569/2011, that is Siddappa, is concerned, a
4. The contents of the complaint reveals that clear overt acts are attri buted | agai inst sideapea, Honnappa and Mahantappa. It is alleged in the complaint that Hoanappa and Mahantappa caught hold of the injur ed and 'Siddappa stabbed him by means of a knife, The role played by accused No.4-Sharanappa is that he assaulted the complainant's mother.
3. the. case | s still at the initial stage of investigation. Without SS in ing whe Wound Certificate, it is cifficult to assess the situation vat this stage. The petitioners in Cri.P.15670/2011 have moved for a _ anticipatory bail. Consideration governing exercise of power under fe Section 438 of Code of Criminal Procedure are materially different from those when an application for bail under Section 439° of Code of Criminal Procedure is made. Such being the case, I am Y of the Vi ew, , that this is not a fit case to grant anticipatory. bail to accused Nos.2 and 3, at this stage.
6. In so far as accused No.4 is concerned, he isin judicial custody. The allegation maze. agai: nist nie | is. that he' 'assaulted the mother of the complainant by 'the fist and also by means of a stone. The offence alleged against him '8 hot punichable with death or imprisonment for tife, Theréfore, accused No.4 is entitled for regular bail, at this stage. on -
7. In the result, pass the Following:
| a 9 R D ER Cri-p.No. 5669/2011 in respect of accused No.1-Siddappa is dismissed as net pressed. Cri.P.No.15670/2011 is dismissed. Crip No. sss60/2021 in respect of accused No.4-Sharanappa is allowed. "conditional ly. He shail be released on bail in Crime oO NO.61/2014 of Devalganagapur Police Station on his executing a .. fallowing conditions:
7 personal 'bond for a sum of %25,000/- with one surety for the likesum * to the satisfaction of the concerned learned Magistrate, on the ey KM Accused No.4-Sharanappa shall not tamper with the prosecution witnesses nor hamper the investigation: mo in any manner.
He shall assist the investigation.
He shall not jump bail. -
If any of the conditions are violated, whe bail entails cancellation.
: = ~ TUDGE