Karnataka High Court
Bandenawaj Sirajasab Gokak vs The State Of Karnataka on 26 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102549 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF SEPTEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102549 OF 2022
BETWEEN:
1. BANDENAWAJ SIRAJASAB GOKAK
AGE. 53 YEARS, OCC. COOLIE,
R/O. WARD NO.3, NEHARU NAGAR,
KERUR, TQ. BADAMI,
DIST. BAGALKOT PIN-587206
2. KHADIRAMA @ KADARABI
W/O. BANDENAWAJ GOKAK
AGE. 46 YEARS, OCC. HOUSEHOLD,
R/O. WARD NO.3, NEHARU NAGAR,
KERUR, TQ. BADAMI,
DIST. BAGALKOT PIN-587206
3. RUKHSANA W/O. MALIK GOKAK
AGE. 28 YEARS, OCC. HOUSEHOLD,
R/O. WARD NO.3, NEHARU NAGAR,
KERUR, TQ. BADAMI,
DIST. BAGALKOT PIN-587206
4. AHMAD S/O. BANDENAWAJ GOKAK
AGE. 27 YEARS, OCC. COOLIE,
R/O. WARD NO.3, NEHARU NAGAR,
KERUR, TQ. BADAMI,
DIST. BAGALKOT PIN-587206
...PETITIONERS
(BY SRI. RAKESH S HATTIKATAGI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
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CRL.P No. 102549 of 2022
BY KERUR POLICE
R/BY ADDITIONAL STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
DHARWAD BENCH-580011
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.
SEEKING TO ALLOW THE PETITION AND DIRECT RESPONDENT
POLICE TO RELEASE THE PETITIONERS/ACCUSED NO.1, 2, 4, 5
ON BAIL IN THE EVENT OF THEIR ARREST IN THEIR P.S.
CR.NO.134/2022 FOR THE ALLEGED OFFENCES U/S 143, 147,
148, 323, 324, 326, 307, 341, 504, 506, R/W 149 OF IPC
PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC,
BADAMI.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by accused Nos.1, 2, 4 and 5 under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.134/2022 of Kerur Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307, 341, 504 and 506 read with Section 149 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).
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2. The case of the prosecution is that, one Sri.Gopal Topanna Dasmani has filed complaint stating that his family had constructed a new house recently at Nehru Nagar and he used to visit in the evening and light diya lamp. Accordingly, on 06.07.2022 when he was heading to his new house to light diya lamp, all the petitioners along with accused No.3 and 30 others blocked the way of the informant and told themselves that this guy is actively involved in Hindu Organization along with Arun Kattimani and petitioner No.2 (Khadirama)/accused No.2 and petitioner No.3(Rukshana)/accused No.3 threw red chilli powder into the eyes of the complainant and at that time, petitioner No.4(Ahmad)/accused No.5 with an intention to kill squeezed his private part and accused No.2 has pricked the stick on his right side of his face and at that time, accused No.1- Bandenawaz assaulted with stick on his forehead and accused No.3 assaulted on his chest and stomach -4- CRL.P No. 102549 of 2022 and other accused abetted to kill him and all the accused took him inside their house and put him on the floor and kicked him on his chest, stomach, private part and assaulted with the small steel pot and the persons gathered have rescued him and he came to be admitted on 07.07.2022 to MIRJI Hospital, Bagalkot and he gained conscious on 11.07.2022 and filed the complaint. The said complaint came to be registered in Crime No.134/2022 in Kerur Police Station for the aforesaid offences. The petitioners who are arrayed as accused Nos.1, 2, 4 and 5 apprehending their arrest have filed Crl.Misc.No.441/2022 seeking anticipatory bail and the same came to be rejected by the learned Principal District and Sessions Judge, Bagalkote, by order dated 08.08.2022. Therefore, the petitioners are before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioners and the learned -5- CRL.P No. 102549 of 2022 High Court Government Pleader for the respondent- State.
4. Learned counsel for the petitioner would contend that the alleged incident occurred on 06.07.2022 and the complaint came to be filed on 11.07.2022 and there is delay in filing the complaint and there is no proper explanation for the delay. It is his further submission that when the accused threw chilli powder to the eyes of the complainant, he will not be able to see and his version that he saw the accused assaulting him, is false. It is his further submission that the offence under Section 307 of IPC is not attracted, as there are 35 accused involved in the case. Accused No.3 is also arrayed as accused No.10 in Crime No.126/2022. The said incident has also taken place on 06.07.2022 at 6:00pm and it is not possible for a person to be in two places at the same time. With this, he prayed to allow the petition.
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5. Per contra, learned High Court Government Pleader would contend that there is specific accusation against each of the petitioners assaulting the complainant with an intention to commit his murder. The petitioners assaulted with sticks, squeezed his private part, threw chili power into his eyes, assaulted with hands, legs and with small steel pot. The wound certificate shows corresponding injuries on the complainant. One of the offences alleged under Section 307 of IPC is punishable with imprisonment for life. Investigation is still in progress. Therefore, if at this stage, the petitioners are granted anticipatory bail, they will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioners and the learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR and the order passed by the Sessions Court. -7- CRL.P No. 102549 of 2022
7. The accusation against the petitioners and other accused is that they formed an unlawful assembly and attacked the complainant on the ground that he is supporting one Arun Kattimani who is actively participating in the Hindu organizations and accused Nos.2 and 3 threw chilli power into the eyes of the complainant and accused No.5 squeezed private part and accused No.2 pricked with the stick on his face, accused No.1 assaulted with stick on his forehead and accused No.3 assaulted on his chest, stomach and all the accused took him inside their house and assaulted with hands and legs on his chest, stomach and private part and also assaulted with small steel pot and attempted to commit his murder. The complainant was admitted to MIRJI Hospital, Bagalkot on 07.07.2022 and it is stated in the complaint that he was unconscious till the date of complaint i.e. 11.07.2022. The wound certificate facilitated by the learned Government Pleader would reveal that the complainant has sustained -8- CRL.P No. 102549 of 2022
(i)perforating peritonitis due to ileal perforation and
(ii)Lung contusions bilateral. The said injuries corresponds to the overt act alleged against the petitioners. One of the offences alleged against the petitioners is Section 307 of IPC which is punishable with imprisonment for life. As investigation is still in progress, at this stage, the petitioners are not entitled for grant of anticipatory bail. If the petitioners are granted anticipatory bail, there are chances of they hampering the investigation and tampering the prosecution witnesses.
Accordingly, the criminal petition is dismissed.
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JUDGE kmv