Allowed

Mithun Aliyas Meethun Shettys/O Bojaraj Shetty v. the State of Karnataka

Karnataka HC22 Feb 2024CRL.P/100562/2024

Case brief

AI extract

What is this about?

The High Court allowed an anticipatory bail petition filed by two accused persons facing charges of assault and criminal intimidation. The court granted bail subject to conditions including executing a personal bond, appearing before the trial court, not tampering with witnesses, and cooperating with the investigation.

What did the court decide?

Petitioners directed to be enlarged on bail in the event of arrest subject to personal bond and conditions regarding appearance and conduct.

Mithun Aliyas Meethun Shettys/O Bojaraj Shetty Vs the… — Anticipatory Bail | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC-D:4372 CRL.P No. 100562 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶3

DATED THIS THE 22^ND DAY OF FEBRUARY, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

¶6

CRIMINAL PETITION NO. 100562 OF 2024 (438)

¶7

BETWEEN:

¶8

MITHUN @ MEETHUN SHETTY S/O. BOJARAJ SHETTY AGE: 24 YEARS, OCC: MANAGER, R/O UDUPI, NOW RESIDING AT RATNASANGAM BAR, YARAGATTI, SAVADATTI.

¶9

KIRAN S/O. SANIGOUDAR, AGE: 36 YEARS, OCC: BAKERY BUSINESS, R/O. NANDIPUR, TQ: MODAGERI, NOW RESIDING AT MUKTI CHAWL, BHOVI GALLI, DHARWAD.

¶10

…PETITIONERS

¶11

(BY SRI VASANT G. HOLEYANNAVAR, ADVOCATE)

¶12

AND:

¶13

ANNAPURNA CHINNAPPA DANDAGAL

¶14

Digitally signed by ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.23 10:18:17 +0530

¶15

THE STATE OF KARNATAKA REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, P.I TOWN POLICE STATION, DHARWAD.

¶16

(BY SRI T.P.MALIPATIL, AGA)

¶17

…RESPONDENT

¶18

THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C., SEEKING TO ORDER RELEASE OF THE PETITIONERS/ACCUSED NO.2 AND 3 ON ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST BY THE DHARWAD TOWN POLICE STATION CRIME NO.52/2021 I.E., CC NO.1728/2021 FOR THE ALLEGED OFFENCE U/S 323, 324, 326, 341, 504, 506 R/W 34 OF IPC WHICH IS PENDING ON THE FILE OF II ADDL CIVIL JUDGE (JR.DN) AND JMFC COURT, DHARWAD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶19

2 - NC: 2024:KHC-D:4372 CRL.P No. 100562 of 2024

¶20

ORDER

¶21

Accused Nos.2 and 3 in Crime No.52/2021 registered by Dharwad Town Police Station, Hubballi-Dharwad for the offences punishable under Sections 323, 324, 326, 341, 504 and 506 read with Section 34 of IPC are before this Court under Section 438 of Cr.P.C.

¶22

Heard the learned counsel for the parties.

¶23

FIR in Crime No.52/2021 was registered by

¶24

Dharwad Town Police Station, Hubballi-Dharwad for the aforementioned offences against three persons and petitioners were arrayed as accused Nos.2 and 3 in the FIR. Apprehending arrest in the said case, petitioners had filed Criminal Miscellaneous No.31/2024 before the Court of Principal District and Sessions Judge, Dharwad which was rejected on 09.02.2024. Therefore, they are before this Court.

¶25

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

¶26

3 - NC: 2024:KHC-D:4372 CRL.P No. 100562 of 2024

¶27

Per contra , the learned High Court Government

¶28

Pleader has opposed the bail application.

¶29

In the complaint dated 08.04.2021 which had

¶30

resulted in registering FIR in Crime No.52/2021, the complainant Nihal has averred that on 06.04.2021 at about 1.30 a.m. he had consumed food in the Tea shop of

¶31

CW-7 and regarding payment of money for the food consumed, there was a quarrel between the complainant and CW-7-Shakeel Ahmed. The petitioners and accused No.1, who were present there allegedly interfered and caught hold of the complainant. The complainant retaliated and abused them. It is alleged that accused No.1 twisted the hands of complainant and accused Nos.2 and 3 who are petitioners herein, assaulted him with their fist. In respect of incident that had taken place on 06.04.2021 complaint was belatedly lodged on 08.04.2021. Even otherwise, there is no allegation that accused had assaulted the complainant with any weapon. Incident in question had taken place in a spur of moment and accused were strangers, who had no intention or motive to assault

¶32

4 - NC: 2024:KHC-D:4372 CRL.P No. 100562 of 2024

¶33

the complainant. Investigation in the case is completed and charge sheet has been filed. Non bailable warrant is now issued against the petitioners. Therefore, the apprehension of the petitioners is genuine. Under these circumstances, I am of the opinion that the prayer made by the petitioners for grant of anticipatory bail is required

¶34

to be answered in the affirmative. Accordingly, the following:

¶35

ORDER

¶36

Petition is allowed.

¶37

The petitioners/accused Nos.2 and 3 are directed to

¶38

be enlarged on bail in the event of their arrest in Crime No.52/2021 registered by Dharwad Town Police Station, Hubballi-Dharwad for the offences punishable under Sections 323, 324, 326, 341, 504 and 506 read with Section 34 of IPC, subject to the following conditions:

¶39

i. Petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.50,000/- each with 01 surety for the

¶40

5 - NC: 2024:KHC-D:4372 CRL.P No. 100562 of 2024

¶41

like-sum to the satisfaction of the Investigating Officer.

¶42

ii. Petitioners/accused Nos.2 and 3 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

¶43

iii. Petitioners/accused Nos.2 and 3 shall not tamper with the prosecution witnesses either directly or indirectly.

¶44

iv. Petitioners/accused Nos.2 and 3 shall cooperate with the Investigating Officer for the purpose of investigation in the case.

¶45

Sd/JUDGE

¶46

CKK CT:GSM No.: 1 Sl No.: 15

Mithun Aliyas Meethun Shettys/O Bojaraj Shetty v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mithun Aliyas Meethun Shettys/O Bojaraj Shetty 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

Sagar Basha Gavali Vs Shreenika Chitfunds Pvt. Ltd.

Arun S/O Bhairappa A.K. Vs the State of Karnataka

The State of Karnataka Vs Moulahussain S/O. Fakruddin Bisarahalli

Kritapur Chits(P) Ltd.,Gadag Vs Swetha W/O Manjunath Solanki

Basavanand S/O Shankareppa Jitti Vs Vijaykumar S/O Channappa Malbasari

Shri. Marthand S/O Ganapat Kshirsagar Vs Shri Shekhar S/O Sakendra Sinha