Allowed

Manjunath Alias Manjappa S/O Basavarajappa Kuriyavar v. the State of Karnataka

Karnataka HC13 Feb 2024CRL.P/100356/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition for anticipatory bail. The petitioners were granted bail in the event of arrest for offences under IPC relating to criminal intimidation, assault, and molestation, subject to conditions including execution of a personal bond and cooperation with the investigation.

What did the court decide?

Petition allowed; petitioners granted anticipatory bail in the event of arrest subject to a personal bond of Rs. 1,00,000/ (serious surety) and other standard conditions.

Manjunath Alias Manjappa S/O Basavarajappa Kuriyavar Vs… — Anticipatory Bail | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:3253 CRL.P No. 100356 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 CRIMINAL PETITION NO. 100356 OF 2024 (438-)

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BETWEEN:

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MANJUNATH ALIAS MANJAPPA S/O BASAVARAJAPPA KURIYAVAR

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AGE: 46 YEARS, OCC: AGRICULTURE,

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SMT. ASHAR W/O MANJUNATH ALIAS MANJAPPA KURIYAVAR

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AGE: 33 YEARS, OCC: HOUSEHOLD WORK,

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ALL ARE R/O. KAMALAPUR VILLAGE, TQ. RATTIHALLI, DIST. HAVERI-581116

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…PETITIONERS

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(BY SRI. VIDYASHANKAR G DALWAI, ADVOCATE)

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AND:

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Digitally signed by SUJATA SUBHASH PAMMAR

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Date:

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2024.02.14 17:07:14 +0530

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THE STATE OF KARNATAKA POLICE INSPECTOR, RATTHALLI P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT, DHARWAD BENCH BUILDING, DHARWAD-580001.

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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. SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONERS (ACCUSED NO.1 AND 2 ) ON ANTICIPATORY BAIL IN CRIME NO. 159/2023 OF RATTIHALLI PS IN THE EVENT OF

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2 - NC: 2024:KHC-D:3253 CRL.P No. 100356 of 2024

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THEIR ARREST BY THE POLICE IN PENDING CASE ON THE FILE OF COURT OF II ADDL. DISTRICT AND SESSIONS JUDGE HAVERI (SITTING AT RANEBENNURU), FOR THE OFFENCE P/U/SEC. 354B, 506, 34, 504, 323 AND 324 OF IPC, 1860 WITH SUCH CONDITIONS.

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ORDER

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Accused Nos.1 and 2 in Crime No.159/2023

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registered by Rattihalli police station, Haveri district for the offences punishable under Sections 354B, 506, 504, 323 and 324 read with Section 34 of IPC, are before this Court under Section 438 of Cr.P.C.

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Heard learned counsel for the parties.

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FIR in Crime No.159/2023 was registered by

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Rattihalli police station, Haveri district against petitioners for the aforementioned offences on the complaint of Smt.Ratnavva Sampatakumar. Apprehending arrest in the said case, the petitioners herein had filed Crl.Misc.No.939/2023 before the Court of the II Addl.District and Sessions Judge, Haveri sitting at Ranebennur, which was dismissed on 17.01.2024. Therefore, they are before this Court.

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3 - NC: 2024:KHC-D:3253 CRL.P No. 100356 of 2024

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Learned counsel for the petitioners having

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reiterated the grounds urged in the petition prays to allow the petition.

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Per contra, learned High Court Government Pleader opposed the bail application.

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From a reading of the complaint averments, it is seen that the petitioners herein and the complainant are relatives. The complainant is the widow of the 1^st petitioner’s elder brother. The material on record would go to show that the two families have a dispute between themselves with regard to some immovable properties. In respect of the alleged incident that had taken place on 11.12.2023, belatedly the complaint is filed on 17.12.2023. The delay of 6 days in lodging the complaint is not satisfactorily explained. The maximum punishment for the alleged offence is imprisonment for a period of 7 years. The 2^nd petitioner is the wife of the 1^st petitioner. Undisputedly the petitioners have no criminal antecedents. Under the circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory

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4 - NC: 2024:KHC-D:3253 CRL.P No. 100356 of 2024

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bail is required to be answered in the affirmative. Accordingly the following:

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ORDER

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Petition is allowed. The petitioners/accused Nos.1 and 2 are directed to be enlarged on bail in the event of their arrest in Crime No.159/2023 registered by Rattihalli

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police station, Haveri district for the offences punishable under Sections 354B, 506, 504, 323 and 324 read with

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Section 34 of IPC, subject to the following conditions:

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i. Petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.1,00,000/- with 01 surety each for the like-sum to the satisfaction of the Investigating Officer.

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ii. Petitioners/accused Nos.1 and 2 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

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iii. Petitioners/accused Nos.1 and 2 shall not tamper with the prosecution witnesses either directly or indirectly.

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5 - NC: 2024:KHC-D:3253 CRL.P No. 100356 of 2024

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iv. Petitioners/accused Nos.1 and 2 shall cooperate with the Investigating Officer for the purpose of investigation in the case.

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Sd/JUDGE

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KGK

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LIST NO.: 1 SL NO.: 32

Manjunath Alias Manjappa S/O Basavarajappa Kuriyavar v. the State of Karnataka

Case brief

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Manjunath Alias Manjappa S/O Basavarajappa Kuriyavar v. the State of Karnataka

Case brief

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