Allowed

Krushna Naik S/O Rama Naik v. the State of Karnataka

Karnataka HC3 Oct 2023CRL.P/102311/2023

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition under Section 438 Cr.P.C. granting anticipatory bail to three petitioners accused of offences including rioting and assault arising from a family property dispute. The court imposed strict conditions ensuring cooperation with investigation and non-contact with witnesses.

What did the court decide?

Petition allowed; petitioners/accused No. 1, 2 and 4 to be released on bail upon arrest in Crime No. 166/2023 subject to specific conditions.

Krushna Naik S/O Rama Naik Vs the State of Karnataka — Anticipatory Bail | Karnataka HC (2023)

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NC: 2023:KHC-D:11608 CRL.P No. 102311 of 2023

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF OCTOBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 102311 OF 2023

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BETWEEN:

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KRUSHNA NAIK S/O RAMA NAIK, AGE: 54 YEARS, OCC: AGRICULTURE,

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SMT. LALITHA W/O. KRUSHNA NAIK, AGE: 46 YEARS, OCC: HOUSEWIFE,

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SMT. SUSHEELA W/O. GAGAN, AGE: 27 YEARS, OCC: HOUSE WIFE, ALL ARE THE R/O. MACHIHALLI THANDA, TALUKA HARAPANAHALLI, DISTRICT: VIJAYANAGAR.

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…PETITIONERS

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(BY SRI. SRINIVAS B. NAIK, ADVOCATE)

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AND:

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CHANDRASHEKAR LAXMAN KATTIMANI

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2023.10.06 10:36:12 +0530

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THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH PSI, HARAPANAHALLI POLICE STATION-580011

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…RESPONDENT

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(BY SMT.GIRIJA S. HIREMATH, HCGP)

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THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C, PRAYING THIS COURT TO, GRANT ANTICIPATORY BAIL TO THE ACCUSED NO. 1, 2 AND 4/PETITIONER NO.1, 2 AND 3 (IN THE EVENT OF THEIR ARREST) IN HARAPANAHALLI POLICE STATION CRIME NO. 166/2023 REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 143, 147, 148, 323, 324, 504, 506(2), 354, 354(B) R/W 149 OF IPC.

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NC: 2023:KHC-D:11608 CRL.P No. 102311 of 2023

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

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ORDER

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Petitioners who are arraigned as accused Nos.1, 2 and 4 have filed this petition under Section 438 of Cr.P.C. to grant them anticipatory bail in Crime No.166/2023 of Harapanahalli Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 506(2), 354, 354(B) r/w/s 149 of Indian Penal Code (in short, “IPC”) contending that absolutely there are no material to show that petitioners have committed the alleged offences. They have been falsely implicated. The police authorities are coming in search of petitioners and at that time they came to know about the case registered against them. Even if the entire material placed on record by the prosecution is taken into consideration, there are no circumstances or material to connect the petitioners with the alleged crime. Petitioners are innocent and law abiding citizens. They are ready and willing to abide by

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NC: 2023:KHC-D:11608 CRL.P No. 102311 of 2023

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any conditions that may be imposed and prays to allow the petition.

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Learned HCGP submitted oral objections stating that complainant is a retired Manager of Karnataka Grameena Bank. His children and son-in-law are also employed. The complainant along with his wife is staying in Machihalli Tanda. About 10 days prior to the incident, accused No.1-Krushna Naik called the complainant 3-4 times over phone and demanded to pay loan of Rs.1,00,000/-. Complainant informed him that he is not having such money. On 11.08.2023, accused No.1Krushna Naik and accused No.5-Jayanna came near the house of complainant and created nuisance and in this regard, he filed a complaint to the concerned police.

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2.1 In this background on 14.08.2023 at 10.30 a.m. while complainant and his wife were in the house, accused No.1 to 5 came there armed with chopper, club, iron rod and kanaga. They abused the complainant in filthy language saying why he is not ready to give him loan and

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NC: 2023:KHC-D:11608 CRL.P No. 102311 of 2023

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on the other hand given complaint to the police. When complainant came out of the house, accused No.1-Krushna Naik assaulted him with the club on his head. Accused No.3-Gagan assaulted the complainant on the back with kanaga. Accused No.5-Jayanna assaulted complainant with iron rod on his left thigh.

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2.2 When complainant’s wife came to the rescue of complainant, accused No.4-Shushila abused her in filthy language, pulled her tuft and assaulted with hands on her back. Accused No.5-Jayanna and accused No.3-Gagan assaulted complainant’s wife with hands and pulled her nighty and pushed to her ground. One Shekhar Naik, Shankar Naik, Nagaraj Naik and Bharatibai intervened and rescued them. While going away accused No.1-Krushna Naik showed chopper and gave threat to the life of complainant. The complainant and his wife were treated at Harapanahalli Government Hospital and lodged the complaint.

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NC: 2023:KHC-D:11608 CRL.P No. 102311 of 2023

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2.3 Based on the complaint, case is registered and investigation is taken up. Accused No.3 and 4 were arrested. Through the spot mahazar, stick, iron rod and kanaga were recovered. Statements of some of the witnesses are recorded. The injury certificates of Puttanaika and Saroja reveal that they have sustained simple injuries. Earlier, Crime No.34/2014 was registered against accused No.1 to 3, wherein accused No.1 has given an undertaking dated 19.11.2012 stating that there is a civil dispute between the parties and that he would not interfered with the affairs of the complainant. On 11.08.2023 also, accused No.1-Krushna Naik and accused No.3-Gagan had gone near the house of complainant and gave threat to him. Taking into consideration these aspects, petitioners are not entitled for bail and prays to reject the petition.

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Heard arguments and perused the record.

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The wife of complainant by name Saroja and

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father of accused No.1-Krushna Naik are siblings. It

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appears there is a civil dispute between them with regard to landed property and complainant and his wife have claimed that they have given money and gold to the father of accused No.1 and in this regard during 2012, there was a complaint wherein accused No.1 has given a statement to the effect that if the wife of complainant gets order from the civil court, he would hand over the landed property. He has denied that complainant and his wife have given any gold or cash to his family.

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It is the specific case of the complainant that prior to 11.08.2023, accused No.1-Krushna Naik was in the habit of calling him and demanding loan of Rs.1,00,000/- which he refused to extend and in this regard on 11.08.2023, accused No.1 and 3 came near the house and abused him and he lodged a complaint with the police. In this background the incident dated 14.08.2023 has taken place.

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Though all the accused approached the Sessions Court for anticipatory bail in

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7 - NC: 2023:KHC-D:11608 CRL.P No. 102311 of 2023

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Crl.Misc.Pet.No.5609/2023, it came to be rejected. It is submitted that subsequently accused No.3 and 5 were arrested and later on they have been released on bail. During the investigation, the investigating officer has recovered club, iron rod, stick and kanaga from the spot. Statement of the witnesses are recorded. So far as petitioner No.2 and 3 (accused No.2 and 4) are concerned, they are women. The allegations against accused No.2Lalita is that she abused wife of the complainant and pulled her hair. There are no specific allegations against accused No.2. The injury certificate in respect of both complainant and his wife state that they have sustained simple injuries.

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Taking into consideration the fact that there is property dispute and also the allegations by the complainant that gold and cash has been given to the family of accused and also taking into consideration the fact that already recovery is made, the injury sustained by the complainant and his wife are simple in nature and that

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NC: 2023:KHC-D:11608 CRL.P No. 102311 of 2023

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accused No.3 and 5 are granted regular bail, this Court is of the considered opinion that petitioners are entitled for anticipatory bail. However the interest of the prosecution is required to be safeguarded by imposing stringent conditions. Accordingly, the following:

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ORDER

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Petition is allowed.

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In the event of their arrest in Crime No.166/2023 of Harapanahalli Police Station, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 506, 506(2), 354, 354(B) r/w Section 149 of I.P.C., petitioners/accused No.1, 2 and 4 shall be released on bail, subject to following:

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CONDITIONS

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a) Petitioners/accused No.1, 2 and 4 shall execute personal bond in a sum of Rs.50,000/- with two sureties each for the like-sum.

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NC: 2023:KHC-D:11608 CRL.P No. 102311 of 2023

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b) Petitioners shall appear before the Investigating Officer within a period of 15 days and execute the bail bond and offer surety.

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c) Petitioners shall make themselves available for the purpose of investigation as and when required and they shall co-operate with the investigation.

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d) Petitioners shall furnish their residential address proof and shall inform the investigating officer/Court if there is any change in the address.

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e) Petitioners shall mark their attendance at the Jurisdictional Police Station once in 15 days till filing of the charge sheet.

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f) Petitioners shall not tamper with the prosecution witnesses either directly or indirectly.

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g) Petitioners shall not indulge in any criminal activities.

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h) Petitioners shall be regular in attending the Court proceedings.

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i) They shall not contact the complainant and other witnesses either personally or in any other manner.

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Sd/JUDGE

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RKM/CLK List No.: 1 Sl No.: 12

Krushna Naik S/O Rama Naik v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Krushna Naik S/O Rama Naik v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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