Court granted anticipatory bail to two petitioners accused of rioting, assault, and outraging modesty amidst a pending land title dispute, imposing conditions including personal bond and regular attendance.
Petitioners enlarged on bail in event of arrest in Crime No.347/2022 subject to personal bond and conditions.
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THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR CRIMINAL PETITION No.9318 OF 2022
BETWEEN:
…PETITIONERS
(BY SRI. GOPALAKRISHNAMURTHY.C, ADVOCATE-PH)
AND:
STATE BY CHANNAGIRI POLICE STATION REP. BY ITS SPP HIGH COURT COMPLEX BENGALURU-560001
…RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP-PH)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.347/2022 OF CHANNAGIRI P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 143,147,148,323,324,354,149,504 OF IPC ON THE FILE OF THE CIVIL JUDGE AND J.M.F.C COURT, CHANNAGIRI, DAVANAGERE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
anticipatory bail in the event of their arrest in Crime No.347/2022 of Channagiri Police Station registered for the offences punishable under Sections 143, 147, 148, 323, 324, 354, 504 read with 149 of IPC.
the learned High Court Government Pleader for the respondent-State. Perused records.
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language and assaulted him by using clubs and also assaulted his brother’s son Suresh.M.V. It is also alleged that they have also used a crowbar while assaulting Prabhu on his left shoulder and they have also outraged the modesty of his daughters-in-laws by name Sudha, Megha, Roopa and Geetha. Hence, a complaint came to be lodged. In pursuance of the complaint, the Investigating Officer investigated the crime and registered a FIR. The petitioners apprehending their arrest have approached the learned Sessions Judge and the learned Sessions Judge rejected the bail petition. Therefore, the petitioners are before this Court.
records, it is evident that between the parties there is a Civil Suit pending in O.S. No.111/2022 on the file of the Prl. Civil Judge, Channagiri. Both the parties are trying to overcome each other in order to establish their title over the disputed property and at that time the alleged incident is said to have been taken placed. Further it is also evident that the present complainant and other family members were also prosecuted
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in Crime No.348/2022 for similar offences on the basis of the complaint lodged by present petitioner No.1. Hence, it is evident that there was a fight between the parties in order to establish their right over the disputed property. Now the Court is required to assess as to who is the real aggressor. However, the offences alleged are not punishable with death or life imprisonment and are exclusively triable by the learned Magistrate.
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ORDER
The petition is allowed. The petitioners are directed to be enlarged on bail in the event of their arrest in Crime No.347/2022 of Channagiri Police Station, registered for the offences punishable Sections 143, 147, 148, 323, 324, 354, 504 read with Section 149 of IPC on each of them executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakhs only) with one surety for the like-sum to the satisfaction of the trial Court, subject to the following conditions that,-
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Sd/JUDGE
ln
2 issues framed by the court
Whether appellants are eligible for anticipatory bail given pending civil dispute and minor offences.
Whether apprehenssions of tampering with witnesses can be addressed via conditions.
9 provisions across 2 enactments
Sri. Madhu. R
Sri. Ravi. R
State
Rajendra Badamkar
As recorded by the court registry
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