Ashok Huliya Gouda vs The State Of Karnataka
2022 Latest Caselaw 10945 Kant

      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,

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. 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

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.

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.

v. 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