Dismissed¶42

Chinna Naik v. State of Karnataka

Karnataka HC10 Jan 2025CRL.P/12974/2024

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), CRL.P No. 12974 of 2024, Mohammad Nawaz J., order dated 10-01-2025: anticipatory bail refused to Accused No.1 in Crime No.126/2024, Nyamathi PS (CC No.734/2024, JMFC Honnali); chopper assault on complainant causing cut injuries; Ss.143, 147, 148, 323, 324, 326, 341, 427, 504, 506 r/w 149 IPC; 18 witnesses; specific overt-acts; co-accused Nos.2-5 on bail; regular bail left to trial court.

What did the court decide?

There are as many as 18 witnesses whose statements clearly indicate that the petitioner was armed with a chopper and assaulted the complainant; in view of the specific overt-acts attributed against the petitioner, he is not entitled to the relief of anticipatory bail. ¶40

Chinna Naik Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2025)

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NC: 2025:KHC:1053 CRL.P No. 12974 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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CRIMINAL PETITION NO. 12974 OF 2024

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(438(Cr.PC) / 482(BNSS))

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BETWEEN:

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CHINNA NAIK S/O SAINYA NAIKA, AGED ABOUT 30 YEARS, OCC: AGRICULTURE, R/O SOGILU VILLAGE, NYAMATHI TALUK, DAVANGERE 577 225

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…PETITIONER

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(BY SRI. CHANDAN K., ADVOCATE)

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AND:

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Digitally signed by LAKSHMI T Location: High Court of Karnataka

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STATE OF KARNATAKA BY NYAMATHI POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.

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…RESPONDENT

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(BY SRI. HARISH GANAPATHI, HCGP)

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THIS CRL.P IS FILED U/S 438 OF CR.P.C (U/S 482 BNSS) PRAYING TO GRANT ANTICIPATORY BAIL TO PETITIONER/ACCUSED NO.1 IN CR.NO.126/2024 (NOW CC.NO.734/2024) ON THE FILE OF ADDL. CIVIL JUDGE AND

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NC: 2025:KHC:1053 CRL.P No. 12974 of 2024

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JMFC, HONNALI, DAVANAGERE, REGISTERED BY RESPONDENT P.S., FOR THE OFFENCES P/U/S 326, 143, 147, 148, 341, 504, 323, 307, 427, 506, 149 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ

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ORAL ORDER

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Petitioner/Accused No.1 has preferred this petition praying to enlarge him on anticipatory bail in Crime No.126/2024 of Nyamathi Police Station, registered against Accused Nos.1 to 5 for offences punishable under Sections 143, 147, 148, 341, 504, 323, 324, 307, 427, 506 read with Section 149 of IPC.

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Afore-mentioned case was registered on a complaint lodged by one Harishanaik son of Suryanaik in respect of an incident which took place on 06.06.2024 at about 9.15 a.m., in front of the house of accused in Sogilu village, Nyamathi Taluk, Davanagere district.

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NC: 2025:KHC:1053 CRL.P No. 12974 of 2024

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Charge-sheet is filed for the offence punishable under Sections 326, 143, 147, 148, 341, 504, 323, 307, 427, 506 read with Section 149 of IPC.

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It is the case of prosecution that on the date of incident, when C.W.1 and C.W.2 were returning from their land to their house in a tractor bearing Registration No.KA15/TA-2098, the accused persons waylaid and assaulted them with clubs, iron pipe and the petitioner/Accused No.1 tried to assault C.W.1 with a chopper on his abdomen. When C.W.1 tried to elude, he assaulted him on his right leg with the chopper, on account of which, he sustained serious cut injuries. Further, the accused persons also damaged the tractor etc.

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Learned counsel for the petitioner has contended that

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on account of a civil dispute, a false complaint was registered against the petitioner and his family members. He contended that about four days prior to the incident in question, i.e., on 02.06.2024, the complainant and his brother have picked up quarrel with the accused and tried

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NC: 2025:KHC:1053 CRL.P No. 12974 of 2024

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to assault them and the incident was reported to the Police on 03.06.2024 and NCR was also registered. He further contended that the complaint's party are the aggressors as they have come near the house of the accused and trespassed into their property and quarrelled with them and in the said quarrel, stones held by the injured fell on them and they sustained injuries. It is the contention of the learned counsel that the injuries noted in the wound certificate are not caused by the petitioner. He further contended that Accused Nos.2 to 5 are already enlarged on bail and therefore, the petitioner is also entitled for bail.

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Learned High Court Government Pleader has opposed the prayer contending that there are specific allegations against the petitioner that he has assaulted the complainant with a chopper and inflicted serious injuries to him.

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There are as many as 18 witnesses whose statements clearly indicate that this petitioner was armed

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NC: 2025:KHC:1053 CRL.P No. 12974 of 2024

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with a chopper and assaulted the complainant. In view of the specific overt-acts attributed against the petitioner, he is not entitled for the relief of anticipatory bail. However,

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if any petition for regular bail is filed before the jurisdictional Court, the same shall be considered and disposed of by the learned Judge as expeditiously as possible keeping in view that Accused Nos.2 to 5 are on bail.

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8. With the above observation, Petition is dismissed.

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Sd/(MOHAMMAD NAWAZ) JUDGE

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BNV

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List No.: 1 Sl No.: 39

Chinna Naik v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Chinna Naik v. State of Karnataka

Case brief

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