Dismissed

Ningappa S/O Hanamanthappa Navalli v. the State of Karnataka

Karnataka HC19 Sept 2023CRL.P/102159/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka, Dharwad Bench, rejected a petition for anticipatory bail filed by a petitioner accused of causing grievous injury with an axe. The court held that custodial interrogation is necessary to recover the weapon and ascertain the full facts before granting bail.

What did the court decide?

Petition under Section 438 Cr.P.C. rejected; accused directed to apply for regular bail after recovery of offence weapon.

Ningappa S/O Hanamanthappa Navalli Vs the State of… — Cheating and Forgery | Karnataka HC (2023)

¶1

1 - NC: 2023:KHC-D:10812 CRL.P No. 102159 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19^TH DAY OF SEPTEMBER, 2023

¶3

BEFORE

¶4

THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102159 OF 2023

¶5

BETWEEN:

¶6

NINGAPPA, S/O HANAMANTHAPPA NAVALLI, AGE: 40 YEARS, OCC: AGRICULURE, R/O. SOMAPUR (ALLAPUR), TQ: HUBLI, DIST: DHARWAD. (BY SRI. IRANAGOUDA K.KABBUR, ADVOCATE)

¶7

…PETITIONER

¶8

AND:

¶9

CHANDRASHEKAR LAXMAN KATTIMANI

¶10

Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.09.20 15:19:59 +0530

¶11

THE STATE OF KARNATAKA, THROUGH DHARWAD RURAL POLICE STATION, R/BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT

¶12

(BY SMT.GIRIJA S.HIREMATH, HCGP)

¶13

THIS CRIMINAL PETITION IS FILED U/SEC.438 OF CR.P.C. PRAYING THIS COURT TO, THE PETITION MAY BE ALLOWED AND THE PETITIONER MAY PLEASE BE GRANTED ANTICIPATORY BAIL, DHARWAD RURAL P.S. CRIME NO.197/2023 REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 506, 504, 326 R/W 149 OF IPC.

¶14

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

¶15

2 - NC: 2023:KHC-D:10812 CRL.P No. 102159 of 2023

¶16

ORDER

¶17

Petitioner who is the sole accused, has filed this petition under Section 438 of Cr.P.C. to grant him anticipatory bail in Crime No.197/2023 of Dharwad Rural Police Station for the offences punishable under Sections 326, 504, 506 IPC.

¶18

In support of his petition, petitioner has contended that he has not committed the alleged offences and he is falsely implicated. The allegations made against him are baseless and false. Though the offences alleged are non-bailable, they are not punishable with death or imprisonment for life. Petitioner is a permanent resident of address given in the cause title and owning movable and immovable properties. He undertakes to abide by any conditions that may be imposed and prays to allow the petition.

¶19

The learned High Court Government Pleader

¶20

submitted oral objections stating that the complainant is a shepherd. He is having 40 sheeps and earn his livelihood

¶21

3 - NC: 2023:KHC-D:10812 CRL.P No. 102159 of 2023

¶22

by grazing them and also halting the sheep in the lands overnight at the request of land owners and collect money. On the previous night, he and Rayappa Banasi halted the sheeps in the land of Mallappa Sagari. On the next day morning i.e. on 02.08.2023 at 09.00 a.m. he and Beerappa Sarakappagol started moving the sheep. At 02.00 p.m. they were passing by the side of the land of accused.

¶23

3.1 However accused started abusing them saying

¶24

that despite prohibiting them, they are grazing the sheep in his land. Complainant replied that they are just moving by the side of his land and not grazing the sheep in his land. However accused started abusing him in filthy language and suddenly assaulted him with an axe on his right palm and caused bleeding injury. He also assaulted with the club of the axe on his left shoulder and elbow. Beerappa Sarakappagol and Ajjappa Rayappa Banasi interfered and prevented the accused from further assaulting the complainant. While leaving, petitioner

¶25

4 - NC: 2023:KHC-D:10812 CRL.P No. 102159 of 2023

¶26

abused the complainant in filthy language and also gave threat to his life. Complainant has shifted to District Government Hospital, Dharwad and took treatment.

¶27

3.2 Based on the complaint, case is registered and investigation is taken up. Statements of the eye witnesses are recorded which reveal the involvement of the petitioner in the crime. The complainant was admitted to the hospital and on the next day he was discharged. Out of the two injuries suffered by him, injury No.1 is grievous in nature. On account of absconding of the petitioner, the investigating officer could not recover the weapon used for commission of the offence and prays to reject the petition.

¶28

Heard arguments and perused the records.

¶29

As evident from the complaint averments, the complainant is a shepherd. During night, they stopped the sheep in the lands of agriculturists and on the next day collected money for the manure which the owners get on account of halting of the sheep in their lands. On

¶30

5 - NC: 2023:KHC-D:10812 CRL.P No. 102159 of 2023

¶31

02.08.2023 at 9.00 a.m., they left the land of Mallappa Sagari and were proceeding further. At around 2.00 p.m., they were passing by the side of land of petitioner, he started abusing the complainant saying that despite prohibiting him from grazing the sheep, he once again grazing them in his land. Though the complainant informed him that they are just passing by the land, he abused in filthy language and assaulted with an axe on his hand and shoulder and caused grievous injury. From the date of incident, the petitioner is absconding and though the statements of the witnesses are recorded and the injury certificate is collected, the concerned police are yet to recover the weapon used for assaulting the complainant. Having regard to the specific allegations that the injury sustained by the complainant is grievous in nature and it is caused by the use of axe, recovery of the weapon used for commission of the offence is essential. For this purpose, the custodial interrogation of the petitioner is necessary.

¶32

6 - NC: 2023:KHC-D:10812 CRL.P No. 102159 of 2023

¶33

For the above reasons, this Court is of the

¶34

considered opinion that petitioner is not entitled for anticipatory bail. However after the recovery of the weapon of offence, he may seek regular bail. Accordingly, the following:

¶35

ORDER

¶36

The petition filed under Section 438

¶37

Cr.P.C. is rejected.

¶38

Sd/JUDGE

¶39

RKM/CLK List No.: 1 Sl No.: 15

Ningappa S/O Hanamanthappa Navalli v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Ningappa S/O Hanamanthappa Navalli v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Imrankhan S/O Hanif Sab Vs the State of Karnataka

Sri Prashant D Naik S/O Dataram Naik Vs the State of Karnataka

Amey S/O Anant Kadam Vs Shri Vijay Vithal Patil

Shrishail Vs State of Karnataka

Lakshmavva W/O Ramappa Chigari Vs the State of Karnataka

Sri Chandrashekhar Parasharam Malkache Vs Shri Pundalik S/O Gundu Patil