Karnataka High Court
Maruti And Ors vs The State Of Karnataka on 26 October, 2018
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 26TH DAY OF OCTOBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.201054/2018
AND
CRIMINAL PETITION NO.201053/2018
CRL. P. No.201054/2018
BETWEEN:
1. Maruti S/o Bheerappa Budnar
Age: 50 years, Occ: Shephard
2. Manu S/o Bheerappa Budnar
Age: 35 years, Occ: Shepherd
3. Babusha W/o Maruti Budnar
Age: 25 years, Occ: Agriculture
4. Smt. Avasabai W/o Maruti Budnar
Age: 30 years, Occ: Household Work
5. Smt. Shainabai W/o Amasidda Budnar
Age 30 years, Occ: Household work
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6. Sukadev S/o Maruti Budnar
Age: 19 years, Occ: Shephard
All are R/o Kyatankeri Taluk: Indi
District: Vijayapur-586 101
7. Ram @ Ramu S/o Khandoba Lokhande
Age: 65 years, Occ: Shephard
8. Siddu S/o Ramu Lokhande
Age: 25 years, Occ: Coolie
Both are R/o Shiranal, Taluk: Indi
District: Vijayapur-586 101
(Accused No.1, 2, 4 to 8 & 10)
... Petitioners
(By Sri Shivanand V. Pattanshetty, Advocate)
AND:
The State of Karnataka
R/by Addl. SPP Kalaburagi Bench
(Through Horti Police Station
District: Vijayapur-586 101)
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
This criminal petition is filed under Section 438
of Cr.P.C. praying to grant the anticipatory bail to the
petitioners/accused Nos.1, 2, 4 to 8 & 10 and direct
the Horti Police to release the petitioners/accused
No.1, 2, 4 to 8 & 10 on bail in the event of their arrest
in Crime No.121/2018 in Horti Police Station for the
offences punishable under Sections 143, 14m7, 148,
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447, 307, 504 & 506 (2) R/w Section 149 of IPC
pending on the file of JMFC Court at Indi.
CRIMINAL PETITION No.201053/2018
BETWEEN:
1. Amasidda S/o Bheerappa Budnar
Age: 35 years, Occ: Shepherd
2. Smt. Matroba W/o Ramu Lokhande
Age: 30 years, Occ: Coolie & Household
Both are R/o Shiranal Taluk: Indi
District: Vijayapur-586 101
(Accused No.3 & 9)
... Petitioners
(By Sri Shivanand V.Pattanshetty, Advocate)
AND:
The State of Karnataka
R/by Addl. SPP Kalaburagi Bench
(Through Horti Police Station
District: Vijayapur-586 101)
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
This Criminal petition is filed under Section 439
of Cr.P.C. praying to grant regular bail to the
petitioners/accused Nos.3 & 9 in Horti Police Station
(crime No.121/2018) for the offence punishable under
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sections 143, 147, 148, 447, 307, 504 & 506 (2) R/w
section 149 of IPC pending on the file of JMFC at Indi.
These petitions coming on for orders this day,
the Court made the following:
ORDER
These are the two applications filed under Sections 438 and 439 of Cr.P.C. Since the matters are interconnected, they are taken up together for common disposal.
2. In criminal petition No.201054/2018 the petitioners seek anticipatory bail under Section 438 and in criminal petition No.201053/2018 the petitioners seek regular bail under Section 439 of Cr.P.C.. Both the cases pertain to crime No.121/2018 registered for the offences punishable under Section 143, 147, 148, 447, 307, 504, 506 (2) read with section 149 of IPC.
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3. The substance of the complaint is that it is lodged by one Malappa Tambe on 24.08.2018 at 6 p.m. It is stated that Shobha was given in marriage to Balu S/o Muthappa. The said Shobha is the daughter of the accused No.1. Thinking that the marriage was kept in secret by the complainant and his people, the accused persons in prosecution of common objective forming into an unlawful assembly, raised quarrel, abused complainant in filthy language, threatened and hit the complainant on head with wooden stick and when the father of the complainant intervened to bring the situation under control, he was also hit with the wooden stick thereby serious injuries were sustained by the complainant.
4. Learned counsel for the petitioners Sri Shivanand V. Pattanshetty would submit that there is a counter case registered against the complainant and also submits that the controversy was regarding 6 marriage of daughter of accused No.1 was secretly performed by the complainant, and his people. Learned counsel further submits that the connected case is registered in Crime No.126/2011 for the offences punishable under Section 143, 147, 148, 447, 307, 504, 506 (2) R/w Section 149 of IPC of the same police station.
5. Insofar as criminal petition No.201054/2018 is concerned petitioners therein seek relief of anticipatory bail as they apprehend arrest and insofar as the criminal petition No.201053/2018 is concerned, petitioners seek grant of regular bail under section 439 of Cr.P.C.
6. Learned counsel for the petitioner in both the cases would submit that the petitioner in crl.P.No.201053 are in judicial custody since 7 25.08.2018 and insofar as other petitioners are concerned, they apprehend arrest.
7. Learned HCGP would submit that the investigation is still under progress and in the event of bail granted to petitioners, they may hamper the investigation. Learned HCGP furnished a copy of wound certificate of complainant. The injuries are mentioned herein:
1. Superficial abrasion over the back.
2. Superficial abrasion over the vertex, linear around 3cm
3. Tenderness/swelling of the left thenar muscles and right thenar muscles of palm
8. I have considered the nature of injuries and also allegations regarding number of persons attacked on the complainant. However, there is no allegation of interference to the investigation. 8
9. In the circumstances, I am of the sincere view that no prejudice would be caused to the ends of justice, in case anticipatory bail is granted to the petitioners in Crl.P.No.201054/2018 and regular bail to the petitioners in Crl.P.No.201053/2018. The apprehension of the prosecution could be resolved by imposing certain conditions. Hence the following:
ORDER Both the petitions are allowed. The petitioners are granted anticipatory bail under Section 438 of Cr.P.C. in Crl.P.No.201054/2018. The arresting authority is ordered to release the petitioners in the event of their arrest for the offences punishable under Section 143, 147, 148, 447, 307, 504, 506(2) read with Section 149 of IPC.
In Crl.P.No.201053/2018 the petitioners are ordered to be released on bail for the offences 9 punishable under Section 143, 147, 148, 447, 307, 504, 506 (2) read with Section 149 of IPC; on the following conditions:
The petitioners shall be released in both the cases subject to their executing personal bond for Rs.50,000/- each and a surety for the like sum to the satisfaction of the trial Court.
1. They shall not terrorize, tamper with the prosecution witnesses.
2. They shall appear before the Court till disposal of the case.
In case of registration of one more case against the petitioners, the benefit granted under this order shall stand forfeited and they will be liable for re- arrest.
Sd/-
JUDGE VNR