Karnataka High Court
Veerappa vs The State Of Karnataka, on 2 August, 2016
Author: Aravind Kumar
Bench: Aravind Kumar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 2ND DAY OF AUGUST, 2016
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.100786/2016
BETWEEN
1. VEERAPPA
S/O NARASAPPA UPPUNASI @ KALER
AGE: 26 YEARS, OCC: AGRICULTURE,
2. MANJUNATH S/O MARIYAPPA KALER,
AGE: 31 YEARS, OCC: AGRICULTURE,
3. SURESH S/O HONNAPPA KADER
AGE: 25 YEARS, OCC: AGRICULTURE,
4. SAHADEVAPPA S/O SOMANNA KALER,
AGE: 48 YEARS,OCC: AGRICULTURE,
5. PRAVEEN SAHADEVAPPA KALER,
AGE: 22 YEARS, OCC: AGRICULTURE,
6. HANAMANATAPPA
S/O FAKKIRAPPA KENCHANNAVAR,
AGE: 42 YEARS, OCC: AGRICULTURE,
7. RAGHU S/O NINGAPPA SINGAPUR,
AGE: 22 YEARS, OCC: AGRICULTURE,
8. MANJUNATH S/O SHIVAPPA KALER,
AGE: 30 YEARS, OCC: AGRICULTURE,
9. MALATESH S/O SHIVIAPUTRAPPA KALER
@ GADDIYAVAR, AGE: 24 YEARS,
OCC: AGRICULTURE,
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10. NINGAPPA S/O BASAPPA SINGAPUR,
AGE: 32 YEARS, OCC: AGRICULTURE,
ALL ARE R/O. ADUR,
TQ: HANAGAL, DIST: HAVERI.
... PETITIONERS
(BY SRI. K.S. KORISHETTAR, ADV.)
AND
THE STATE OF KARNATAKA,
BY SUB INSPECTOR OF POLICE,
ADUR, TQ: HANAGAL, DIST: HAVERI,
NOW REPRESENTED BY ITS S.P.P.
HIGH COURT OF KARNATAKA
BENCH AT: DHARWAD.
... RESPONDENT
(BY SRI.RAJARAGHAVENDRA NAIK, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.
PRAYING TO GRANT AN ANTICIPATORY BAIL TO THE
PETITIONERS IN ADUR P.S. CRI.NO.53/2016 REGISTERED
BEFORE THE POLICE STATION, ADUR TQ: HANGAL, DIST.
HAVERI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
143, 147, 148, 307, 323, 324, 341, 354(A)1(1), 504, 506 R/W
SEC.149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners are seeking for being enlarged on bail in the event of their arrest in crime No.53/2016 registered by Adur Police Station for offences punishable under Sections 143, 147, 148, 307, 323, 324, 341, 354(A)1(1), 504, 506 read with Section 149 of IPC.
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2. Smt. Anasavva lodged a complaint before Adur Poilce alleging that on 27.03.2016 while she was inside her house, a quarrel took place in front of her house and her son Sri Prakash was being beaten up by petitioners and she tried to intervene and pacify the petitioners and at that point of time they had abused her in foul language, assaulted her and tried to outrage her modesty by tearing her blouse and it is also stated that petitioners went away from the scene of incident by giving a life threat to her.
3. Learned Advocate appearing for petitioners contends that petitioners are innocent of the offence alleged against them and they are law abiding citizens having deep roots in the society and have not committed the offences. It is also contended that complaint has been lodged belatedly i.e., after two days from the date of incident. Hence, he prays for grant of anticipatory bail.
4. Per contra, learned HCGP would submit that statement of witnesses recorded would corroborate with the complaint averments and the alleged offence are serious and offence is non-bailable and if proved, :4: punishment would be life imprisonment. On account of investigation not being completed, he prays for dismissal of the petition.
5. Having heard the learned Advocates appearing for parties and on perusal of the records, it would indicate that alleged incident took place on 27.03.2016, however, complaint came to be lodged on 29.03.2016 at 4.00 p.m. before Adur police station. Said police station is at a distance of 1 km. and no reason has been assigned as to why complaint was not lodged immediately after the alleged incident. Even a bare reading of the complaint does not disclose of any overt act alleged against petitioners. Petitioners are permanent residents of Adur village, Hanagal Taluk, Haveri District and they are having deep roots in the society. In the event of petitioners being enlarged on bail, their chances of fleeing from justice is too remote. In that view of the matter, this Court is of the considered view that petitioners are entitled for the relief sought for.
Hence, I proceed to pass the following:
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(1) Criminal petition is hereby allowed. (2) In the event of petitioners being arrested in Crime No.53/2016 by Adur police station, they are ordered to be released on bail on executing a personal bond for Rs.25,000/- each with one surety for the likesum to the satisfaction of jurisdictional Court, subject to the following conditions:
(a) Petitioners shall surrender before Adur police station within 15 days from today.
(b) Petitioners shall appear before jurisdictional Court on all the dates of hearing without fail.
(c) Petitioners shall co-operate with Investigating Officer and shall appear before Investigation Officer whenever called upon.
(d) Petitioners shall not tamper or terrorise the prosecution witnesses.
Sd/-
JUDGE Rsh/sp