Allowed

Umesh v. the State of Karnataka and Anr.

Karnataka HC25 Mar 2024CRL.P/201824/2023

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case alleging he kicked the complainant and attempted to kill him after a dispute over giving false evidence. The court found the material did not prima facie attract Section 307 IPC and granted anticipatory bail with conditions.

What did the court decide?

Anticipatory bail granted; release on personal bond of Rs.1,00,000 with like surety, subject to conditions of cooperating with investigation, not tampering with witnesses and not committing criminal a

Umesh Vs the State of Karnataka and Anr. — Anticipatory Bail | Karnataka HC (2024)

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NC: 2024:KHC-K:2494 CRL.P No. 201824 of 2023

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 25^TH DAY OF MARCH, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE C M JOSHI

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CRIMINAL PETITION NO.201824 OF 2023 (438)

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BETWEEN:

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UMESH S/O PARAMAPPA NADAVINAMANI @ MADAR, AGE: 36 YEARS, R/O HUVIN HIPPARAGI VILLAGE, TQ. B. BAGEWADI, DIST. VIJAYAPUR-586208.

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…PETITIONER

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(BY SRI PRAKASH JADHAV, ADVOCATE)

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AND:

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Digitally signed by KHAJAAMEEN L MALAGHAN Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THROUGH PSI B. BAGEWADI POLICE STATION, DISTRICT VIJAYAPUR-586208, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585103.

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NINGANNA SHIVAYOGEPPA SHIVAYOGI AGE: 39 YEARS, OCC: FARMER, R/O HUVINHIPPARAGI VILLAGE, TQ. B. BAGEWADI, DIST. VIJAYAPUR-586208.

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…RESPONDENTS

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(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI I. S. CHIMMALAGI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON THE BAIL UNDER SECTION 438 OF CR.P.C. FOR APPREHENDING ARREST IN CRIME NOS.317 OF 2023 FOR OFFENCE PUNISHABLE UNDER SECTION 307, 504 AND 506 OF I.P.C. WHICH IS REGISTERED BY THE RESPONDENT POLICE OF BASAVAN BAGEWADI IN CRIME NO.317/2023, THE SAME CASE IS PENDING BEFORE THE LEARNED CIVIL JUDGE AND JMFC BASAVAN BAGEWADI AND MAY PASS ANY OTHER ORDER OR ORDERS AS THIS HON’BLE COURT DEEM FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE.

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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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Heard the learned counsel appearing for the petitioner, learned High Court Government Pleader appearing for the respondent/State as well as the learned counsel appearing for respondent No.2.

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The petitioner who is accused in Crime No.317/2023 of Basavana Bagewadi P.S., is alleged of the offences punishable under Sections 307, 504 and 506 IPC, has approached this Court for anticipatory bail under Section 438 of Cr.P.C.

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3 - NC: 2024:KHC-K:2494 CRL.P No. 201824 of 2023

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The allegations against the present petitioner is

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that, he used to abuse the complainant who is the Gram Panchayat Member stating that the petitioner is insisting the complainant to give false evidence in atrocity cases that were filed by the petitioner and on 16-10-2023 at about 1-30 p.m., the petitioner had kicked the testicles of the complainant and had tried to kill him and therefore, he has committed the above said offences.

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The learned counsel for the petitioner would submit that the allegations made in the complaint do not show that there was any intent to commit the murder of the complainant. It is contended that, if at all there is any injury, it would be an offence punishable under Section 323 of IPC, but at no stretch of imagination, the offence of Section 307 of IPC is not attracted.

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Per contra, learned High Court Government Pleader for respondent- State as well as the learned counsel for respondent No.2 submit that there are several cases against the petitioner and the petitioner is in the

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habit of filing false complaints against many people in the village. It is alleged that the petitioner insisted the complainant to give false evidence in the cases filed by him which was refused by the complainant and therefore, the petitioner had a grudge to kill the complainant. Therefore, they have sought for dismissal of the petition.

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On a careful perusal of the material available on record, it is evident that petitioner has filed several complaints for various offences including the offences punishable under Sections SC and ST (POA) Act. It is evident that the alleged offences of assaulting the complainant by kicking him, at no stretch of imagination can be held to attract the offence under Section 307 of IPC, as such motive is weak. Evidently, the petitioner was not having any weapon in his hand and the alleged incident took place during a quarrel. Even though the complaint alleged that an attempt was made to use a rod, there was no such assault with the help of the rod on the complainant. Therefore, the materials available on record

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do not prima facie show an offence that would call for invoking of Section 307 of IPC. However, whether any such enmity was there which would fall within the scope of Section 307 of IPC is a matter which needs to be appreciated by the trial Court during the trial. Therefore, the petition deserves to be allowed. Hence, the following;

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O R D E R

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The criminal petition is allowed.

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In the event of the arrest of the petitioner in Crime No.317/2023 for the offences punishable under Sections 307,504 and 506 of IPC registered by Basavan Bagewadi Police, he is ordered to be released on bail, on he executing the personal bond for a sum of Rs.1,00,000/with one surety for the like sum to the satisfaction of the Arresting officer subject to following conditions:

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i) The petitioner shall appear before the Investigating Officer within 15 days from the date of this order and co-operate for the investigation.

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ii) The petitioner shall not tamper with the prosecution witnesses either directly or indirectly in whatsoever manner;

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iii) The petitioner shall not indulge in any criminal activity during the pendency of the case.

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Sd/JUDGE

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tsn* List No.: 1 Sl No.: 7 CT:PK

Umesh v. the State of Karnataka and Anr.

Case brief

What is this about?

What did the court decide?

Umesh v. the State of Karnataka and Anr.

Case brief

What is this about?

What did the court decide?

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