Karnataka High Court
Anand And Anr vs The State Of Karnatka on 16 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 201546 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201546 OF 2024
(439(Cr.PC)/483(BNSS))
BETWEEN:
1. ANAND S/O DENAPPA LAMANI,
AGE: 40 YEARS, OCC: AGRICULTURE,
R/O. MUCHAKHANDI LT,
TQ. AND DIST. BAGALKOT-587101.
2. SACHIN S/O KUSHAPPA
@ KUSHAL CHAWAN @ LAMANI,
AGE: 22 YEARS, OCC: SELF EMPLOYEE,
R/O. MUCHAKHANDI TANDA,
TQ. AND DIST. BAGLKOT-587101.
...PETITIONERS
Digitally signed (BY SRI SANJAY A. PATIL, ADVOCATE)
by SHILPA R
TENIHALLI
AND:
Location: HIGH
COURT OF
KARNATAKA THE STATE OF KARNATKA THROUGH,
NIDAGUNDI POLICE STATION,
NIDAGUNDI CIRCLE, DIST. VIJAYAPURA-586101.
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH.
...RESPONDENT
(BY SMT. MAYA T.R., HCGP)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC
483 OF BNSS, PRAYING TO, ALLOW THE PETITION, THERE BY
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CRL.P No. 201546 of 2024
ENLARGE THE PETITIONER/ACCUSED NO.9 AND 13
RESPECTIVELY ON BAIL IN C.C NO.1397/2024 PENDING ON
THE FILE OF ADDITIONAL CIVIL JUDGE AND JFMC COURT
BASAVANA BAGEWADI, DISTRICT VIJAYAPURA CHARGE
SHEETED FOR THE OFFENCES PUNISHABLE U/SEC 143, 147,
148, 447, 323, 324, 307, 302, 504, 506 R/W 149 OF IPC
ARISING OUT OF CRIME NO.51/2024 REGISTERED BY
NIDAGUNGI POLICE STATION, DISTRICT VIJAYAPURA.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON’BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. The accused Nos.9 and 13 in Crime No.51/2024
registered by Nidagundi Police Station, Vijayapura district, for
the offences punishable under Sections 143, 147, 148, 447,
323, 324, 307, 302, 504 and 506 read with Section 149 of IPC,
are before this Court under Section 439 of Cr.P.C., seeking
regular bail under Section 483 of Bharatiya Nagarika Suraksha
Sanhita, 2023, seeking regular bail.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.51/2024 was registered by
Nidagundi Police Station, Vijayapura district, for the offences
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CRL.P No. 201546 of 2024
punishable under Sections 143, 147, 148, 447, 323, 324, 307,
302, 504, 506 read with Section 149 of IPC, against Sri. Ramu
Sagarappa Lamani and 11 others, on the basis of the first
information dated 30.05.2024, received from Krishna son of
deceased Hanamant Lamani. During the course of investigation,
the petitioner No.1 was arrested on 02.06.2024 and petitioner
No.2 was arrested on 07.06.2024. The investigation of the case
is completed and charge-sheet has been filed and in the
charge-sheet, the petitioners herein are arraigned as accused
Nos.9 and 13, respectively. The bail application filed by the
petitioners before the jurisdictional Sessions Court in Criminal
Misc. No.1615/2024 was rejected on 16.11.2024. Therefore,
the petitioners are before this Court.
4. Learned counsel for the petitioner submits that,
there is a civil dispute between the two parties and the alleged
incident in question had taken place on 29.05.2024. The
allegation of assaulting the deceased on his head with wooden
clubs is only against accused Nos.1 to 3. The death is as a
result of injury sustained by the deceased on his head. The
petitioners do not have any criminal antecedents. Accordingly,
he prays to allow the petition.
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CRL.P No. 201546 of 2024
5. Learned High Court Government Pleader has
opposed the petition. She submits that, the accused No.9 has
assaulted the deceased on his chest with a stone and accused
No.13 who was present at the spot, allegedly had thrown a
stone towards the shed belonging to the first informant. The
charge-sheet has been filed invoking Section 149 of IPC, and
therefore, all the accused persons are liable for the alleged
crime. Accordingly, she prays to dismiss the petition.
6. A perusal of the material on record would go to
show that, there is some civil dispute between the two parties
and on 29.05.2024, there was a quarrel between accused No.1
and the relatives of the first informant and accused No.1 was
allegedly assaulted in the said incident. Therefore, accused
No.1 made a conspiracy with accused Nos.9, 10, 13 and 14 and
the aforesaid accused along with the other accused persons
came near the house of the first informant at about 20:00
hours on 29.05.2024 and after abusing the first informant and
his family members, assaulted them. The allegation of
assaulting the deceased who is the father of the first informant
with wooden club is found in the charge-sheet against accused
Nos.1, 2 and 3. Accused Nos.5 and 9 allegedly assaulted the
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CRL.P No. 201546 of 2024
deceased on his chest with stones. Accused Nos.13 and 14
allegedly threw stones towards the shed belonging to the first
informant. The postmortem report of the deceased aged about
80 years would go to show that, the death was as a result of
head injury sustained by him. As a result of assault made by
the accused Nos.5 and 9 on the chest of the deceased with
stone, he has suffered only flattened abrasions. Undisputedly,
the petitioners do not have any criminal antecedents and they
are in custody for the last more than six months. The
investigation of the case is completed and charge-sheet is filed.
Therefore, I am of the opinion that, they have made out a
prima-facie case for grant of regular bail. Accordingly, the
following order:
ORDER
The petition is allowed.
The petitioners are directed to be enlarged on bail in
Crime No.51/2024 of Nidagundi Police Station, Vijayapur
district, registered for the offences punishable under Sections
143, 147, 148, 447, 323, 324, 307, 302, 504 and 506 read
with Section 149 of IPC, pending in C.C.No.1397/2024 on the
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CRL.P No. 201546 of 2024file of the Additional Civil Judge and JMFC Court, Basavana
Bagewadi, subject to the following conditions:
a) The petitioners shall execute personal bond for a
sum of Rs.1,00,000/- each with two sureties for the
likesum, to the satisfaction of the jurisdictional
Court;
b) The petitioners shall appear regularly on all the dates
of hearing before the Trial Court unless the Trial
Court exempts his appearance for valid reasons;
c) The petitioners shall not directly or indirectly
threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in
future;
e) The petitioners shall not leave the jurisdiction of the
Trial Court without permission of the said Court until
the case registered against them is disposed off.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
SVH,
List No.: 1 Sl No.: 14
CT:PK
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