Partly allowed

Shiddalingappa S/O Masappa Bhavi v. State of Karnataka

Karnataka HC13 Feb 2024CRL.P/100273/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to Petitioner No. 1 but rejected the petitions of Petitioners 2 and 3 for a case involving assault with deadly weapons and IPC offences, citing evidence of grievous injuries and the belatedness of a counter-complaint filed against the latter two.

What did the court decide?

Anticipatory bail allowed for Petitioner No. 1; rejected for Petitioners Nos. 2 and 3. Petitioner No. 1 must execute a bond, appear regularly, and not tamper with witnesses.

Shiddalingappa S/O Masappa Bhavi Vs State of Karnataka — Cheating and Forgery | Karnataka HC (2024)

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NC: 2024:KHC-D:3340 CRL.P No. 100273 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 13^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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CRIMINAL PETITION NO. 100273 OF 2024 (438-)

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BETWEEN:

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SHIDDALINGAPPA S/O MASAPPA BHAVI, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. VILLAGE MURUDI, TQ: ILKAL, DIST: BAGALKOTE-587202.

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BHARAMAPPA S/O MASAPPA BHAVI, AGE: 48 YEARS, OCC: AGRICULTURE R/O. VILLAGE MURUDI TQ: ILKAL, DIST: BAGALKOTE-587202.

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SHARANAPPA S/O BARAMAPPA BHAVI, AGE: 21 YEARS, OCC: AGRICULTURE, R/O VILLAGE MURUDI, TQ: ILKAL, DIST: BAGALKOTE-587202.

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Digitally signed by SUJATA SUBHASH PAMMAR Date: 2024.02.15 15:38:23 +0530

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(BY SRI. MAHANTESH S.HIREMATH, ADVOCATE)

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AND:

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…PETITIONERS

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STATE OF KARNATAKA THROUGH AMINGAD POICE STATION NOW REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580001.

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…RESPONDENT

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(BY SMT. GIRIJA S. HIREMATH, HCGP)

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2 - NC: 2024:KHC-D:3340 CRL.P No. 100273 of 2024

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THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO ALLOW THE CRIMINAL PETITION FOR GRANT OF ANTICIPATORY BAIL OF THE PETITIONER/ ACCUSED NO. 1, 2 AND 6 IN CRIME NO. 160/2023 REGISTERED FOR THE OFFENCES P/U/SEC. U/SEC. 143, 147, 148, 447, 323, 324, 326, 504, 506 R/W 149 OF IPC IN THE INTEREST OF JUSTICE PENDING IN THE COURT OF SENIOR CIVILJUDGE (JMFC COURT HUNGUND DISTRICT BAGALKOTE)

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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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Accused Nos.1, 2 and 6 in Crime No.160/2023

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registered by Amengad Police Station, Bagalkot District, for the offences punishable under Sections 143, 147, 148, 447, 323, 324, 326, 504 and 506 read with Section 149 of

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the Indian Penal Code (for short, ‘the IPC’) are before this Court under Section 438 of the Criminal Procedure Code (for short, ‘the Cr.P.C.’).

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Heard the learned counsel for the parties.

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FIR in Crime No.160/2023 was registered by Amengad Police Station, Bagalkot District, for the aforesaid offences against the petitioner No.1-

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3 - NC: 2024:KHC-D:3340 CRL.P No. 100273 of 2024

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Shiddalingappa S/o Masappa Bhavi, and others, on the complaint dated 25.12.2021 filed by Ningappa. It is averred in the complaint that on 25.12.2023, when the complainant and his family members were in their field, the accused persons named in the complaint, came to the field and after abusing the complainant and his family members had assaulted them with deadly weapons. Apprehending arrest in the said case, petitioners herein has filed Crl.Misc.No.03/2024 before the Court of learned Principal District and Sessions Judge, Bagalkote, which was dismissed as against them vide order dated 12.01.2024. Therefore, petitioners are before this Court.

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Learned counsel for the petitioners having reiterated the grounds urged in the petition prays to allow the petition.

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Per contra , learned High Court Government Pleader has opposed the bail application and she submits that the complainant’s son-Sangappa has suffered

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4 - NC: 2024:KHC-D:3340 CRL.P No. 100273 of 2024

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grievous injuries and he was admitted in the hospital for seven days. Accordingly, she prays to dismiss the petition.

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The material on record would go to show that in

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the incident that had taken place on 24.12.2023, complainant’s son-Sangappa was allegedly assaulted by accused Nos.2 and 6 who are petitioner Nos.2 and 3 in the present case. It is alleged in the complaint that accused Nos.2 and 6 have assaulted the complainant’s sonSangappa with cudgel and axe and had caused grievous injuries. The wound certificate of the Sangappa would reflect that he was admitted in the hospital from 24.12.2023 to 31.12.2023 and injury No.5 is a grievous injury. The wound certificate reflects that Sangappa had suffered multiple facial bone fractures. Though there is a counter case in respect of the incident that had taken place on 24.12.2023, the counter complaint appears to have been lodged belatedly. Under these circumstances, I am of the opinion that the prayer made by the petitioner No.2 and 3/accused Nos.2 and 6 as against whom there

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5 - NC: 2024:KHC-D:3340 CRL.P No. 100273 of 2024

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are allegations of assaulting Sangappa, for grant of anticipatory bail is required to be rejected and the prayer made by the petitioner No.1/accused No.1 for grant of anticipatory bail is required to be allowed. Accordingly, the following:

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ORDER

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The criminal petition is partly allowed.

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The criminal petition is allowed insofar as petitioner No.1 is concerned and rejected insofar as petitioner Nos.2 and 3 are concerned.

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The respondent-Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.160/2023 registered by Amengad Police Station, Bagalkot District, for the offences punishable under Sections 143, 147, 148, 447, 323, 324, 326, 504 and 506 read with Section 149 of the Indian Penal Code, subject to the following conditions :

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(i) Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/-

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6 - NC: 2024:KHC-D:3340 CRL.P No. 100273 of 2024

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with 01 surety for the like-sum to the satisfaction of the Investigating Officer.

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(ii) Petitioner/accused No.1 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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(iii) Petitioner/accused No.1 shall not tamper with the prosecution witnesses either directly or indirectly.

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(iv) Petitioner/accused No.1 shall cooperate with the Investigating Officer for the purpose of investigation in the case.

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Sd/-

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JUDGE

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AC CT:GSM List No.: 1 Sl No.: 28

Shiddalingappa S/O Masappa Bhavi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Shiddalingappa S/O Masappa Bhavi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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