Karnataka High Court
Shri. Suresh S/O. Dhareppa Mutnal vs The State Of Karnataka on 24 June, 2021
Author: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 24 T H DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No.100989/2021
C/w
CRIMINAL PETITION No.100987/2021
CRIMINAL PETITION No.100989/2021
BETWEEN:
SHRI. S URES H S/ O. DHAREPPA MUT NAL
AGE. 43 YEARS ,
OCC. CONVICT ED/ADVOCATE
R/O. ITNAL VI LLA GE, TQ. RAIBAG,
DIST. BELAGAVI 591235
NOW AT CENTRAL PRISON ,
HINDALAGA, BELA GAVI
...PETITIONER
(BY SRI. SANTOSH.B.RAWOOT, ADVOCATE)
AND
THE STATE OF KARNATAKA
REPRES ENTED BY THROUGH
INVESTIGATION OFFICER PSI,
RAIBAG POLICE ST ATION
TQ RAIBAG, DIST. BELGAVI
REP. BY SPECIAL PUBLUI C PROS ECUTOR
HIGH COURT OF K ARNATAKA,
DHARWAD-580011.
... RES PONDENT
(BY SRI. R.RAVINDRA NAIK, HCGP)
2
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKING TO ALLOW THE PETITION AND THE
PETITIONER MAY BE ENLARGED ON TEMPORARY BAIL
FOR A PERIOD OF F OUR MONTHS IN RAIBA G
P.S .CRIME N O.82/ 2012 WHICH IS PENDING ON THE
FILE OF VII ADD L.DISTRICT AND SESSIONS JUD GE
BELAGAVI SITTING AT CHIKODI IN S.C.N O.79/2013
FOR THE OFFEN SE PUNISHABLE UNDER SECTION
143,147,148,307,341,324,326,427,120B,109, 201 R/ W
149 OF I PC AND 201 R/W SEC 3,5 R/SEC 25(1) (a) 27
AND 29(a) OF THE ARMS ACT .
CRIMINAL PETITION No.100987/2021
BETWEEN
SHRI. S URES H S/ O. DHAREPPA MUT NAL
AGE. 43 YEARS ,
OCC. CONVICT ED/ADVOCATE
R/O. ITNAL VI LLA GE, TQ. RAIBAG,
DIST. BELAGAVI 591235
NOW AT CENTRAL PRISON ,
HINDALAGA, BELA GAVI
...PETITIONER
(BY SRI. SANTOSH.B.RAWOOT, ADVOCATE)
AND
THE STATE OF KARNATAKA
REPRES ENTED BY THROUGH
INVESTIGATION OFFICER PSI,
YAMAKANMARADI POLI CE STATION
TQ: HUKK ERI, DIS T. BELGAVI
REP. BY SPECIAL PUBLUI C PROS ECUTOR
HIGH COURT OF K ARNATAKA,
DHARWAD BEN CH, DHARWAD-580011.
... RES PONDENT
(BY SRI. R.RAVINDRA NAIK, HCGP)
3
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., SEEKING TO ALLOW THE PETITION AND THE
PETITIONER-ACCUSED NO.1 MAY BE ENLARGED ON
TEMPORARY BAIL FOR A PERIOD OF FOUR MONTHS IN
YAMAKANAMARADI P.S .CRIME NO.208/2011 WHI CH IS
PENDING ON THE FILE OF VII ADDL.DISTRICT AND
SESSIONS JUD GE BELA GAVI SITTING AT CHIK ODI I N
S.C.NO.19/ 2013 FOR THE OFF ENCE PUNIS HABLE
UNDER SECTI ONs 143, 147, 148, 307, 324, 120B, 504
R/W 149 OF IPC AND SECTION 25( 1-B) (a) AND 27( i)
OF THE INDIAN ARMS ACT.
THESE CRIMINAL PETITIONS COM ING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Criminal Petition No.100989/2021 is filed
by accused No.19 under Section 439 of The
Code of Criminal Procedure, 1973 (hereinafter
referred to as the 'Cr.P.C.', for brevity) of
Raibag P.S. Crime No.82/2012, seeking
temporary bail for a period of four months.
Criminal Petition No.100987/2021 is filed by
accused No.1 under Section 439 of Cr.P.C., of
Yamakanamaradi P.S. Crime No.208/2011,
seeking temporary bail for a period of four
months.
2. The Raibag police in Crime
No.82/2012 is registered for the offence
punishable under Sections 143, 147, 148, 307,
341, 324, 326, 427, 120B, 109, 201 R/W 149
of the Indian Penal Code (hereinafter referred
to as the 'IPC', for brevity) and Section 3,5 r/w
Section 25(1) (a), 27 and 29(a) of the Indian
Arms Act. Yamakanamaradi P.S. Crime
No.208/2011 is registered for the offences
punishable under Sections 143, 147, 148, 307,
324, 120B, 504 r/w Section 149 of IPC and
Section 25(1-B) (a) and 27(i) of The Indian
Arms Act (hereinafter referred to as the 'Act',
for brevity).
3. The petitioner in both the cases is
one and the same who has been convicted for
the offence punishable under Sections 302 and
201 r/w Section 34 of IPC and Section 30 of
the Act, in S.C.No.378/2011 on 11.02.2013 by
II Addl. District and Sessions Judge, Belagavi.
Challenging the said judgment of conviction,
the petitioner before this Court in Criminal
Appeal No.2582/2013 and the same came to be
dismissed confirming the conviction of the
petitioner. During the pendency of trial in
S.C.No.378/2011, another case came to be
registered against the petitioner in
S.C.No.72/2011 for the offences punishable
under Sections 302 and 201 r/w Section 34 of
IPC and Section 30 of the Act and in the same
case also the petitioner has been convicted by
the II Addl. District and Sessions Judge,
Belagavi by judgment dated 11.02.2013. That
on 28.03.2012, another crime came to be
registered against the petitioner in Raibag
Police Station in Crime NO.82/2012 for the
offences punishable under Sections 143, 147,
148, 307, 341, 324, 326, 427, 120-B, 201 r/w
Section 149 of IPC and Section 3, 5, 25(1)(a),
27 and 29(a) of the Act, which is pending on
the file of the VII Addl. District and Sessions
Judge, Belagavi sitting at Chikodi in
S.C.No.79/2013. That on 29.12.2011, another
crime came to be registered against the
petitioner in Yamakanamaradi P.S. in Crime
No.208/2011 registered for the offences
punishable under Sections 143, 147, 148, 307,
324, 120B, 504 r/w Section 149 of IPC and
Section 25(1-B) (a) and 27(i) of the Act. The
petitioner has not applied for any bail in the
said two cases. The petitioner who is accused
Nos.19 and 1 filed Crl.Misc.No.5184/2021 and
Crl.Misc.No.5186/2021, seeking temporary bail
for a period of four months and both the cases
came to be rejected by separate orders both
dated 05.04.2021. Therefore, the petitioner is
before this Court seeking temporary bail for a
period of four months.
4. Heard the learned counsel appearing
for the petitioner and the learned High Court
Government Pleader for the respondent-State.
5. Learned counsel for the petitioner
contend that the wife of petitioner is suffering
from dysfunctional uterine bleeding and her
condition is critical and she needs major
surgery and he has to make arrangements for
the said surgery. He further contended that the
petitioner wanted to undertake a construction
of house in Sy.No.51 of Itnal village and also
to harvest the sugarcane, maize and turmeric
crops. On these grounds, the petitioner prays
to grant of temporary bail for a period of four
months.
6. Per contra, learned High Court
Government Pleader contended that the
petitioner is convicted prisoner undergoing
sentence in two cases and still two cases are
pending against him and if he is granted
temporary bail, there are every chances of his
repeating the offences and threatening the
complainant and other prosecution witnesses.
With this, he prayed to dismiss the petition.
7. Having regard to the submission
made by the learned counsel for the petitioner
and the learned High Court Government
Pleader, this Court has gone through orders
passed by the Sessions Judge.
8. The petitioner on the earlier occasion
has been granted temporary bail in
Yamakanamaradi P.S. Crime No.208/2011, for
a period of 30 days for the purpose of
attending the marriage of his daughter. There
is no allegation of his violating the conditions
imposed while releasing him on temporary bail.
The petitioner has produced medical certificate
dated 20.02.2021 issued by the Medical
Officer, Primary Health Centre, Chinchali, Tq:
Raibag, Dist: Belagavi, wherein it is certified
that Smt. Sunanda W/o: Suresh Mutanal, of
Itnal Village, aged 33 years is suffering from
dysfunctional uterine bleeding and her
condition is critical and needs major surgery.
As the wife of petitioner is suffering from a
disease which required a major surgery, his
prayer for temporary bail can be considered by
imposing stringent conditions and it is subject
to grant of parole by the concerned jail
authorities. The petitioner has made out a
case for grant of temporary bail for a period of
four months.
9. In the result, I pass the following:
ORDER
Criminal Petition Nos.100989/2021 and
Criminal Petition 100987/2021 filed under
Section 439 of Cr.P.C. are allowed.
Consequently, the petitioner shall be released
on bail of Raibag P.S. Crime No.82/2012 and
Yamakanamaradi P.S. Crime No.208/2011,
subject to the following conditions:
i) The petitioner shall execute a
personal bond for a sum of
Rs.1,00,000/- (Rupees one lakh only)
with one surety for the like sum.
ii) The petitioner shall not indulge in
tampering the prosecution witnesses.
iii) The petitioner shall attend the
Court on all the dates of hearing.
iv) The petitioner shall surrender
before the Court immediately after
completion of four months.
v) The petitioner shall not involve in any
other criminal activities.
Sd/-
JUDGE
RM
