IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19TH DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.101991 OF 2022
BETWEEN
1. ASHOK HULIYA GOUDA
AGE.36 YEARS,
OCC.AGRICULTURIST,
R/O BILEGOD, TQ.SIDDAPUR,
DIST.UTTAR KANNADA DISTRICT-581329
2. HULIYA TIMMA GOUDA
AGE.60 YEARS,
OCC.AGRICULTURIST,
R/O BILEGOD, TQ.SIDDAPUR,
DIST.UTTAR KANNADA DISTRICT-581329
3. TIMMI W/O HULIYA GOUDA
AGE.55 YEARS,
OCC.AGRICULTURIST,
R/O BILEGOD, TQ.SIDDAPUR,
DIST.UTTAR KANNADA DISTRICT-581329
4. MADEV TIMMA GOUDA
AGE.50 YEARS,
OCC.AGRICULTURIST,
R/O BILEGOD, TQ.SIDDAPUR,
DIST.UTTAR KANNADA DISTRICT-581329
5. DUGGU TIMMA GOUDA
AGE.45 YEARS,
OCC.AGRICULTURIST,
2
R/O BILEGOD, TQ.SIDDAPUR,
DIST.UTTAR KANNADA DISTRICT-581329
6. ANAND MADEV GOUDA
AGE.25 YEARS,
OCC.AGRICULTURIST,
R/O BILEGOD, TQ.SIDDAPUR,
DIST.UTTAR KANNADA DISTRICT- 581329
...PETITIONERS
(BY SRI. A P HEGDE, ADVOCATE)
AND
THE STATE OF KARNATAKA
REP BY SIDDAPUR POLICE STATION
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD BENCH-580011
...RESPONDENT
(BY SMT.GIRIJA S. HIRMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO ALLOW THIS PETITION AND GRANT ANTICIPATORY
BAIL TO PETITIONERS/ACCUSED NO.1 TO 6 IN SIDDAPUR POLICE
STATION CRIME NO.108/2022, FOR THE OFFENCES PUNISHABLE
U/S 354(B), 427, 506, 504, 143, 147, 148, 149, 323 AND 324 OF
IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR. DN)
AND JMFC, SIDDAPUR.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
3
ORDER
Learned HCGP is directed to take notice for respondent- State.
This criminal petition is filed by the petitioners/accused Nos.1 and 2 under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for short) for granting anticipatory bail in Crime No.62/2022 of Sirsi Town Police Station for the offence punishable under Sections 506, 504, 323, 324 and 354 of the Indian Penal Code, 1860 (hereinafter referred as 'IPC', for short).
2. Heard the arguments of the learned counsel for petitioners and learned High Court Government Pleader for respondent.
3. The case of the prosecution is that on the complaint of one Seethe wife of Narayana Gowda has lodged complaint before Siddapura Police alleging that on 08.06.2022, because of rain herself and her relatives were repairing the road/path road by using JCB. At that time, 4 accused no.1 came and picked up quarrel and went away. He again came back along with accused nos.2 to 6 by holding clubs and assaulted complainant and her relatives and damaged the JCB and motorcycle belongs to the driver of the JCB by cutting diesel pipe of JCB and also assaulted the drive of the JCB and threatened with dire consequences. After registering the case, Police are trying to arrest these petitioners. Present petitioners filed bail application before Sessions Judge and the same came to be rejected. Hence, they are before this Court seeking bail.
4. Learned counsel for the petitioners contended that petitioners are innocent of the alleged offence and they have been falsely implicated in the case. There is a judgment of Court in respect of civil dispute between the petitioner no.1 and complainant. Inspite of the same, she is not complying the judgment of the Court and always interfering with the portion of the accused persons. Petitioners are ready to abide by the conditions imposed by this Court. Hence, prays to allow the petition.
5
5. Per contra, learned HCGP seriously objected the bail petition.
6. Having heard the arguments of learned counsel for the parties, perused the records.
7. On perusal of the records, it reveals that when complainant and her relatives are carrying out repairing of road/pathway, petitioner/accused no.1 picked up quarrel with her and abused her in filthy language and went away and again came along with petitioners/accused nos.2 to 6, abused and assaulted the complainant and her relatives with hands and clubs and caused injuries. There is a property dispute between the petitioner no.1 and complainant. A civil case is also filed and the same is got compromised between the parties. Complainant says that when she is repairing the road because of upcoming rainy season, at that time petitioner/accused no.1 picked up quarrel. Thereafter went back and came along with accused nos.2 to 6 and assaulted complainant as well as driver of JCB and caused damage to the JCG as well as motorcycle of the driver of JCB. Main 6 allegation is against petitioner-accused no.1 who has assaulted the complainant and caused damage to the JCB. Remaining accused nos.2 to 6 are simply accompanying the petitioner/accused no.1. Accused no.1 has actively participated in the commission of the offence. There is a civil dispute. The complainant is trying to interfere with the portion of the accused. Instead of assaulting the complainant and damaging the JCB, petitioner/accused no.1 could have taken the help of Police. The main allegation is on accused no.1. Therefore, petitioner/accused no.1 is required for custodial interrogation. However, against other accused, there is no such allegation.
8. Therefore, under the facts and circumstances of the case, by imposing some conditions, if the petitioners/accused no.2 to 6 are granted with bail, no prejudice will be caused to the case of the prosecution. Accordingly, I pass the following:
ORDER The Criminal petition is allowed in part.7
The criminal petition in respect of petitioner/accused no.1 is hereby dismissed.
The respondent-Siddapur Police is directed to release the petitioners/accused nos.2 to 6 on bail in the event of their arrest in Crime No.108/2022, subject to the following conditions:
i. The petitioners/accused nos.2 to 6 shall execute a personal bond for a sum of Rs.25,000/-(Rupees Twenty five thousand only) each with a surety for the likesum to the satisfaction of the Investigating Officer.
ii. The petitioners/accused nos.2 to 6 shall
surrender themselves before the
Investigating officer within fifteen days from the date of receipt of a copy of this order. iii. The petitioners/accused nos.2 to 6 shall not tamper the prosecution witnesses directly or indirectly.
iv. The petitioners/accused nos.2 to 6 shall not indulge in similar offences.
8v. The petitioners/accused nos.2 to 6 appear before the investigating Officer for the purpose of investigation as and when called for. vi. The petitioners/accused nos.2 to 6 are deemed to be in custody for the purpose of any recovery under Section 27 of the Indian Evidence Act.
Sd/-
JUDGE HMB