Allowed

Dharmappa S/O Basavantappa Badiger v. the State of Karnataka

Karnataka HC9 Jul 2020CRL.P/100403/2020

Case brief

AI extract

What is this about?

Criminal Bench allowed bail to three accused persons in a criminal case involving alleged criminal conspiracy, voluntary causing of hurt, and attempted murder under various sections of IPC. The court held that stringent conditions could address apprehended tampering or threats.

What did the court decide?

Petitioners/accused Nos.1, 2, and 4 released on bail subject to executing a personal bond with two sureties, not leaving jurisdiction, and not tampering with prosecution witnesses.

Dharmappa S/O Basavantappa Badiger Vs the State of… — Anticipatory Bail | Karnataka HC (2020)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 9^{T H} DAY OF JULY, 2020

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BEFORE

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THE HON’BLE MR. JUSTICE ASHOK G NIJAGANNAVAR

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CRIMINAL PETITION NO.100403/2020

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BETWEEN:

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DHARMAPPA S/O BASAVANTAPPA BADIGER AGE: 62 YEARS, OCC: AGRICULTURE, R/O: JIGALUR, TQ: KUNDAGOL, DIST: DHARWAD.

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CHANDRASHEKAR S/O BASAVANTAPPA BADIGER AGE: 52 YEARS, OCC: AGRICULTURE, R/O: JIGALUR, TQ: KUNDAGOL, DIST: DHARWAD.

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PUTTARAJU S/O CHANDRASHEKAR BADIGER AGE: 30 YEARS, OCC: AGRICULTURE, R/O: JIGALUR, TQ: KUNDAGOL, DIST: DHARWAD.

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... PETITIONERS

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(BY SRI VIDYASHANKAR G DALWAI, ADVOCATE.)

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AND:

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THE STATE OF KARNATAKA BY ITS P.S.I. KUNDAGOL POLICE STATION, REPRESENTED BY

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STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

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... RESPONDENT

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(BY SRI PRAVEEN K. UPPAR, HCGP.)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CRIMINAL PROCEDURE CODE, PRAYING TO GRANT BAIL TO THE PETITIONERS HEREIN/ARRAYED AS ACCUSED NOS.1, 2 & 4 IN CRIME NO.7/2020 OF KUNDAGOL POLICE STATION FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 307, 109, 504, 506 READ WITH SECTION 149 OF IPC WHICH IS PENDING ON THE FILE OF COURT OF PRL. CIVIL JUDGE (JR.DN.) & JMFC COURT, KUNDAGOL, ETC.,.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed by accused Nos.1, 2 and 4, under section 439 Cr.P.C., seeking bail in Crime No.7/2020 of Kundagol P.S., registered for the offences punishable under sections 143, 147, 148, 323, 324, 307, 109, 504, 506 read with section 149 of IPC.

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The prosecution case is that on the complaint filed by Virupaxappa S/o.Devendrappa

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Badiger, who is said to be the injured victim, the police have registered the case. The allegations are that the accused persons who are also the relatives were frequently quarrelling with the complainant and his family members. On 5.2.2020 the complainant had arranged house warming ceremony. On 3.2.2020 accused No.5 Rajashekhar tried to dash the motorcycle to the complainant’s son Pradeep. When the complainant enquired about the same, accused No.5 abused in a filthy language and assaulted him. Thereafter accused Nos.1 to 4 have assaulted the complainant’s son Praveen and another victim Pradeep, thereby the accused have attempted to commit murder of the injured victims.

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On registering the complaint, the police have conducted the investigation and have filed the charge sheet. The bail petition filed before the Sessions Court is rejected.

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Heard the learned counsel for the accused/petitioners and the learned HCGP for the respondent State. Perused the prosecution records.

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The main allegations in the complaint

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are that the accused persons being the neighbours and relatives of the complainant were frequently quarrelling with the complainant and his sons. Thereafter they have attempted to commit murder. As per the medical records, the injured victim has sustained three injuries of which two are simple

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in nature and the third injury is grievous. The injured victims have been discharged from the hospital. Admittedly the charge sheet has been filed after completion of the investigation. At this stage no grounds have been made out by the prosecution to prove that the presence of the accused persons is required for custodial interrogation. The only objection of the

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prosecution is that in the event of granting bail, the accused persons are likely to tamper the prosecution witnesses and also cause threat to the complainant and his sons. The said objection may be set right by imposing stringent conditions.

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In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail, subject to certain terms and conditions. Hence, I proceed to pass the following:

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ORDER

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The petition filed under section 439 of Cr.P.C. is allowed.

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Consequently, the petitioners/accused Nos.1 2 and 4 shall be released on bail in Crime No.7/2020 of Kundagol P.S., pending, subject to the following conditions.

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i) The petitioners shall execute a personal

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bond for a sum of Rs.1,00,000/- (one lakh rupees only) with two sureties for the like sum to the satisfaction of the jurisdictional Court.

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ii) The petitioners shall not indulge in tampering the prosecution witnesses.

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iii) The petitioners shall not leave the jurisdiction of the trial Court/Sessions Court without prior permission, till the disposal of the case.

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If the petitioners/accused persons violate

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any of the conditions, the bail order automatically stands cancelled.

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Sd/JUDGE

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Mrk/-

Dharmappa S/O Basavantappa Badiger v. the State of Karnataka

Case brief

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What did the court decide?

Dharmappa S/O Basavantappa Badiger v. the State of Karnataka

Case brief

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