Karnataka High Court
Arjungouda Hanumantagouda ... vs The State Of Karnataka on 12 January, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 104344 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 104344 OF 2022 (439)
BETWEEN:
1. ARJUNGOUDA HANUMANTAGOUDA JAKKANGOUDAR
AGE. 41 YEARS, OCC. AGRICULTURE,
R/O. HIREMANAKATTI
TQ. SHIGGAON, DIST. HAVERI-581205
2. IRAPPA S/O DEVENDRAPAP KALMADGI
AGE. 28 YEARS, OCC. AGRICULTURE,
R/O. CHOUDAL, TQ. SAVANOOR
DIST. HAVERI-581118
3. MALLESH S/O SOMANNA KALMADGI
AGE. 24 YEARS, OCC. AGRICULTURE,
R/O. CHOUDAL,TQ. SAVANOOR
DIST. HAVERI-581118
...PETITIONERS
(BY SRI.S.B.DODDAGOUDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
(PSI SHIGGAON POLICE STATION,
SHIGGAON)REP. BY SPP
HIGH COURT BUILDING,
DHARWAD-580011
Digitally signed
by J MAMATHA
J Location:
Dharwad
MAMATHA Date:
2023.01.16
...RESPONDENT
15:25:31 +0530
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF
CR.PC., SEEKING TO ENLARGE THE PETITIONERS / ACCUSED NO. 1
TO 3 ON REGULAR BAIL IN SHIGGAON POLICE STATION, SHIGGAON
PS CRIME NO. 148/2022 PENDING ON THE FILE OF THE PRL CIVIL
JUDGE (SR.DN) AND CJM COURT SHIGGAON FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 323, 326, 341, 307, 504 R/W 34 OF
IPC.
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CRL.P No. 104344 of 2022
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners / accused Nos.1 to 3 on bail in Crime No.148/2022 of Shiggaon Police Station, registered for offences punishable under Sections 323, 326, 341, 307, 504 r/w 34 of IPC.
2. Heard both sides and perused the material on record.
3. The complaint is lodged by one Shankar Jakkangowdar S/o Hanumantgowda. As per the complaint averments, accused No.1-Arjungowda is the brother of the complainant and after partitioning their properties, they were residing separately along with their family members. There used to be petty quarrels between them in respect of the path way etc. On the date of incident i.e. on 09.12.2022 at 4.15 p.m. when the complainant along with his son Prabhu gowda had taken out their cattle for grazing, accused No.1 picked up quarrel with him and -3- CRL.P No. 104344 of 2022 went to his house and came along with accused Nos.2 and
3. He handed over a sickle to his brother-in-law i.e. accused No.2 and held the complainant tightly. Accused No.2 with an intention to commit the murder gave a blow with the sickle on the neck of complainant. When the complainant escaped, the blow fell on his ear causing grievous injury. Further, accused No.3 pushed complainant's son to the ground. When, complainant's daughter came and tried to intervene, she was also pushed by the accused persons, due to which, she sustained injuries to her leg.
4. The incident took place on 09.12.2022 at about 4.15 p.m. On the very same day, complaint was lodged and case was registered against petitioners / accused Nos.1 to
3. The complainant/injured got admitted to Shiggaon Government Hospital and took treatment.
5. The contention of the learned counsel for petitioners is that petitioners are innocent and they have been falsely -4- CRL.P No. 104344 of 2022 implicated in the case on account of pathway / civil dispute between the parties. He submits that petitioners are already arrested and interrogated and they are in judicial custody since from 09.12.2022. He further submits that the investigation is almost completed and the injured has been discharged from the hospital and he has not sustained any life threatening injuries. He submits that the petitioners are ready and willing to abide by any conditions and they are ready to offer sufficient surety for their appearance before the Court regularly.
6. Learned HCGP has opposed the petition contending that investigation is still pending. She contends that the injured has sustained grievous injuries and the wound certificate is yet to be received. She contends that in view of the dispute between the parties, complainant and other injured are still facing life threats at the hands of the petitioners. She therefore, seeks to reject the petition. -5- CRL.P No. 104344 of 2022
7. Perusal of the complaint averments goes to show that there is a dispute with regard to pathway between the two brothers and their family members. On the date of incident, complainant along with his son had taken their cattle for grazing. At that time, accused No.1, none other than complainant's brother picked up quarrel and then he went to his house and came along with accused Nos.2 and 3 with a sickle and handed over the sickle to accused No.2, who attempted to assault the complainant on his neck and while evading, complainant sustained injuries to his ear.
8. The specific overt act of assaulting the complainant with sickle is against accused No.2. Case of the prosecution is that the said accused No.2 tried to assault the complainant on his neck, however, he escaped, but sustained injury to the ear. The wound certificate of the injured is yet to be received.
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9. In the facts and circumstances, accused No.2 is not entitled for the relief sought by him in this petition. However, by imposing stringent conditions, petitioner Nos.1 and 3/accused nos.1 and 3 can be released on bail. Accordingly the following :
ORDER Petition is partly allowed.
Petition is dismissed in respect of petitioner No.2 / accused No.2.
Petition is allowed in respect of petitioner Nos.1 and 3 / accused Nos.1 and 3. Petitioner Nos.1 and 3 /accused Nos. 1 and 3 shall be released on bail in Crime No.148/2022 of Shiggaon Police Station, subject to following conditions:
i) Petitioner Nos.1 and 3 shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) each, with two sureties for the likesum to the satisfaction of the jurisdictional Court.-7- CRL.P No. 104344 of 2022
ii) Petitioner Nos.1 and 3 shall furnish proof of their residential address and they shall inform the Court if there is any change in address.
iii) Petitioner Nos.1 and 3 shall not indulge in tampering the prosecution witnesses directly or indirectly.
iv) Petitioner Nos.1 and 3 shall not involve in any criminal activities.
v) Petitioner Nos.1 and 3 shall attend the Court proceedings on all the dates of hearing and shall co-operate for the speedy disposal of the case.
Violation of any of the above conditions by them shall result in cancellation of bail.
Sd/-
JUDGE HMB List No.: 1 Sl No.: 35