Allowed

Shri.Shivaputra Virupaxi Charate v. State of Karnataka

Karnataka HC25 Jan 2021CRL.P/100779/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench allowed anticipatory bail petitions filed by two accused persons in a criminal case involving assault and outrage of modesty. The court held that since serious charges were dropped and the cause of death was natural, bail was granted with specific conditions including a bond, surrender within 15 days, and travel restraints.

What did the court decide?

Anticipatory bail granted; directed to release petitioners on personal bond of Rs. 50,000 each with surrender within 15 days and undertakings not to tamper with witnesses.

Shri.Shivaputra Virupaxi Charate Vs State of Karnataka — Cheque Dishonour | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 25^th DAY OF JANUARY 2021

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BEFORE

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THE HON’BLE MR.JUSTICE K. NATARAJAN

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CRIMINAL PETITION NO.100779/2020 C/W. CRIMINAL PETITION NO.100780/2020

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IN CRL.P.NO.100779/2020 BETWEEN:

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SHRI SHIVAPUTRA VIRUPAXI CHARATE, AGE-68 YEARS, OCC- PRIVATE SERVICE, R/O. BELLAD BAGEWADI, TAL- HUKKERI, DIST-BELAGAVI.

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.. PETITIONER

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(BY SRI SHIVARAJ C.BALLOLI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, THROUGH HUKKERI POLICE-STATION. (ORI. COMPLAINANT).

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.. RESPONDENT

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(BY SRI. RAMESH B. CHIGARI, HCGP)

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IN THE EVENT OF HIS ARREST IN HUKKERI POLICE STATION CRIME NO.29/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 341, 324, 448, 354, 307, 504 AND 506 READ WITH SECTION 34 OF IPC IN SO FAR AS PETITIONER/ACCUSED NO.1 IS CONCERNED.

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IN CRL.P.NO.100780/2020 BETWEEN:

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SHRI RAMAPPA BASAPPA GOLBHAVI @ CHUNMURI, AGE-70 YEARS, OCC- PRIVATE SERVICE, R/O. BELLAD BAGEWADI, TAL- HUKKERI, DIST-BELAGAVI.

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.. PETITIONER

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(BY SRI SHIVARAJ C.BALLOLI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH HUKKERI POLICE-STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD.

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.. RESPONDENT

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(BY SRI RAMESH B. CHIGARI, HCGP)

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THIS PETITION IS FILED UNDER SECTION 438 OF CR.P.C. AND PRAYED THAT THE POLICE SUB-INSPECTOR OF THE HUKKERI POLICE STATION BE ORDERED AND DIRECTED TO ENLARGE THE PETITIONER/ACCUSED NO.2 ON ANTICIPATORY BAIL IMMEDIATELY, IN THE EVENT OF HIS ARREST IN HUKKERI POLICE STATION CRIME NO.29/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 341, 324, 448, 354, 307, 504, 302 AND 506 READ WITH SECTION 34 OF IPC.

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THESE PETITIONS ARE COMING ON FOR FURTHER HEARING, THROUGH PHYSICAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Criminal Petition No.100779/2020 is filed by the accused No.1

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and Criminal Petition No.100780/2020 is filed by the accused No.2 under Section 438 of Cr.P.C. for granting anticipatory bail in Crime No.29/2020 registered by Hukkeri Police Station for the offences punishable under Sections 323, 341, 324, 448, 354, 307, 504 and 506 read with Section 34 of IPC and later inserted Section 302 of IPC and filed charge sheet for the offences punishable under Sections 323, 448, 354, 504 and 506 read with Section 34 of IPC by dropping Sections 341, 324, 307 and 302 of IPC.

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Heard the learned counsel for the petitioners/accused Nos.1 and 2 and learned HCGP for respondent-State.

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Learned counsel for the petitioners/accused Nos.1 and 2 has contended that the petitioners/accused Nos.1 and 2 are innocent of the offences alleged and they have been falsely implicated in this case by obtaining a false complaint from the complainant. The death of Ajit Khanapure was due to cardio

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respiratory failure secondary to cardio embolic stroke and not due to any assault. Except, the offence punishable under Section 354 of IPC other offences are bailable offences. The police, after completion of the investigation, filed charge sheet by dropping offences punishable under Sections 341, 324, 307 and 302 of IPC. Petitioners are ready to abide by any conditions to be imposed by this Court. Hence, prayed to allow these petitions.

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Per Contra , the learned HCGP has objected the bail petitions and fairly admits that the police have filed the charge sheet against these petitioners and other accused person by deleting offences punishable under Sections 341, 324, 307 and 302 of IPC and he has further contended that the offences were deleted in filing the charge sheet by the police only based upon the statements recorded under Section 164(5) of Cr.P.C. by the Magistrate of complainant and her son. Hence, he prayed to reject the bail petitions.

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Upon considering the rival contentions of learned counsel as well as the learned HCGP and on perusal of the charge sheet material produced by learned HCGP before this Court, admittedly,

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the complainant-Smt.Bharati Ajith Khanapure filed complaint to the police on 05.03.2020 alleging that on 27.02.2020 at about 8.00 p.m. against these petitioners and other accused person for trespassing into the compound of complainant’s house and picked up quarrel with complainant’s family members on the ground that they have not yet paid money towards maize fodder since many days. After listening the abusive words complainant’s husband and son came out of the house, at that time, petitioners were assaulted the Ajith Khanapure, when complainant’s son tried to rescue his father, petitioner No.1 said to have assaulted the Ajit Khanapure with stone by tying into the towel, due to which, he has sustained injuries and fell down and became unconscious on account of head injury. Petitioner No.2 and accused No.3 were also assaulted the husband of the complainant Ajit Khanapure and his son-Siddanth with hands. Petitioner No.2 has also pulled and pushed the complainant. After registering the case, the police making efforts to arrest these petitioners, they have approached the Sessions Judge granting bail, which came to be rejected. Hence, they are before this Court.

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Upon considering the charge sheet material produced by

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learned HCGP, it reveals that, the police, after completion of the investigation filed charge sheet against these petitioners and other accused person on 15.12.2020 by deleting offences punishable under Sections 341, 324, 307 and 302 of IPC by retaining offences punishable under Sections 323, 448, 354, 504 and 506 read with Section 34 of IPC. Except Section 354 of IPC other offences are bailable in nature and triable by Magistrate. Based upon the statements recorded under Section 164(5) of Cr.P.C. by the Magistrate in respect of complainant and her son is the reason for deleting the provision of Sections 307 and 302 of IPC, wherein both witnesses have not stated anything about the assault on the deceased by these accused persons except outraging modesty and assaulted the son of complainant. But they are not stated anything about the assault on the deceased with stones by tying with the towel. I also verified the medical certificate, summary sheet and cause of death of the deceased-Ajit Khanapure, it reveals that he has admitted in the Hospital on 29.02.2020 and later discharged on 26.03.2020. Thereafter, complaint also filed on 05.03.2020 after one week of the incident. The postmortem examination report

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shows that the said person Ajit Khanapure died due to cardio respiratory failure secondary to cardiac embolic stroke. Therefore, at this stage, it cannot be said that the accused were committed any offences or caused death of the accused with intention to killAjit Khanapure. By imposing certain conditions, if bail is granted, apprehension of the prosecution may be safeguarded and no prejudice would cause to the prosecution case. Therefore, I hold these petitioners are entitled for granting anticipatory bail. Accordingly, I pass the following :

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ORDER

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Both petitions are allowed. The respondent-police is directed to release the petitioners/accused No.1 and 2 on bail in the event of their arrest in Crime No.29/2020 of Hukkeri Police Station registered for the offences punishable under Sections 323, 448, 354, 504 and 506 read with Section 34 of IPC, subject to the following conditions:

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i. The petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of `50,000/- (Rupees fifty

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thousand only) each with one surety for the likesum to the satisfaction of the Investigating Officer/trial Court.

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ii. The petitioners/accused Nos.1 and 2 shall surrender themselves before the Investigating Officer/committal Court/Magistrate within fifteen days from the date of receipt of a copy of this order.

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iii. The petitioners/accused Nos.1 and 2 shall not hamper/tamper the prosecution witnesses directly or indirectly.

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iv. The petitioners/accused Nos.1 and 2 shall not indulge in similar offences.

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v. The petitioner/accused Nos.1 and 2 are deemed to be in custody for the purpose of any recovery under Section 27 of the Indian Evidence Act.

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The Investigating Officer if collected any material against these

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petitioners, he is at liberty to file additional charge sheet.

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Sd/JUDGE

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CKK

Shri.Shivaputra Virupaxi Charate v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shri.Shivaputra Virupaxi Charate v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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