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CRL.P No. 100172 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
ST
DATED THIS THE 31 DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 100172 OF 2024 (439)
BETWEEN:
MALLASARJA @ MALLAPPA
S/O. SHANKREPPA KHANAGANVI,
AGE: 60 YEARS, OCC. AGRICULTURE,
R/O. TIGADI VILLAGE, TQ. BAILHONGAL,
DIST. BELAGAVI-591102.
…PETITIONER
(BY SRI JAGADISH PATIL, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BAILHONGAL POLICE STATION,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BENCH,
AT. DHARWAD-08.
…RESPONDENT
(BY SMT. GIRIJA S. HIREMATH., HCGP)
Digitally
ANNAPURNA signed by
CHINNAPPA ANNAPURNA THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
DANDAGAL CHINNAPPA
DANDAGAL
SEEKING TO ALLOW THE PETITION AND THE PETITIONER /
ACCUSED NO.3 BE ENLARGED ON BAIL IN CONNECTION WITH
BAILHONGAL P.S. FIR CRIME NO.149/2023 DATED 04.06.2023
FOR OFFENCES PUNISHABLE U/S 302, 307, 326, 504, 506,
R/W 34 OF IPC WITH RESPECT TO THE PETITIONER/ACCUSED
NO.3.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 100172 of 2024
ORDER
1. Accused No.3 in SC No.135/2023 pending
before the Court of the X Addl.Sessions Judge, Belagavi
arising out of Crime No.149/2023 registered by Bailhongal
police station, Belagvi district for the offences punishable
under Sections 302, 307, 326, 504, 506 read with Section
34 of IPC, is before this Court under Section 439 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.149/2023 was registered by
Bailhongal police station, Belagavi district against
Shankreppa and three others on the complaint of
Smt.Kasturevva W/o Sadashiva Khanganvi (CW14).
During the course of investigation in the case, petitioner
was arrested on 05.06.2023. Investigation in the case is
completed and charge sheet has been filed totally against
four accused persons. Accused Nos.1 and 2 are the sons of
petitioner and accused No.4 is his wife. Petitioner filed bail
application before the Court of the X Addl.Sessions Judge,
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Belagavi in Crl.Misc.No.1451/2023, which was dismissed
on 10.01.2024. Therefore he is before this Court.
4. Learned counsel for the petitioner submits that
the incident in question had taken place within the family
members who had a property dispute between
themselves. The allegation of murdering Suresh, who is
the brother of the petitioner herein is only as against
accused No.1. CW14-Sadashiva has suffered major
injuries as a result of assault made by accused No.1.
Petitioner is aged about 60 years and he is an agriculturist
by avocation. His entire family members have been
implicated in the case. Accordingly, he prays to allow the
petition.
5. Per contra, learned High Court Government
Pleader has opposed the bail application. She submits that
complainant as well as CW14, are the eyewitnesses to the
incident in question. They have spoken about the overt act
of the accused persons. Petitioner has assaulted CW14
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with a spade and has caused grievous injuries.
Accordingly, she prays to dismiss the petition.
6. Deceased Suresh, CW14, CW17, CW19 and the
petitioner are direct brothers. It appears that they had a
dispute amongst themselves with regard to partition of
their family property. Deceased Suresh and his other
brothers had requested the petitioner herein to effect
partition in respect of certain items of land which he was
enjoying exclusively. It is in this background, the incident
in question had taken place when the complainant along
with CW14 and deceased Suresh, had objected the
accused persons ploughing the disputed land. In the
incident that had taken place on 04.06.2023 at about 1.30
p.m., accused No.1 allegedly had assaulted deceased
Suresh with a sickle on the vital parts of his body and as a
result of the said assault, Suresh had collapsed to the
ground and succumbed to the injury on the spot.
Thereafter accused No.1 had also allegedly assaulted
CW14 on his forehead and also on his right hand and as a
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result, two fingers of CW14-Sadashiva were amputated. It
is further alleged that accused Nos.2 and 3 assaulted
CW14-Sadashiva with a weapon which they were holding.
The wound certificate of the injured CW14 would reflect
that he had suffered multiple injuries on his body and
most of them are chop wounds which are corresponding to
the assault made by accused No.1. The injury on the face
of CW14 is also corresponding to the assault made by
accused No.1 on his forehead. The other injuries found on
the body of CW14 are not on the vital parts of the body.
Accused Nos.1 and 2 are in custody. Accused No.4 has
been granted regular bail by this Court in
Crl.P.No.103002/2023 disposed of on 27.11.2023. The
petitioner is in custody from 05.06.2023. Investigation in
the case is completed and charge sheet has been filed. He
is aged about 60 years and he is an agriculturist by
avocation. He is required to take care of his wife and also
his agricultural property. Undisputedly he has no criminal
antecedents. Under these circumstances, I am of the
opinion that the prayer made by the petitioner for grant of
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regular bail is required to be answered in the affirmative.
Accordingly, the following:
ORDER
Petition is allowed. The petitioner is directed to be
enlarged on bail in SC No.135/2023 pending before the
Court of the X Addl.Sessions Judge, Belagavi arising out of
Crime No.149/2023 registered by Bailhongal police
station, Belagvi district for the offences punishable under
Sections 302, 307, 326, 504, 506 read with Section 34 of
IPC, subject to the following conditions:
i. The petitioner shall execute personal bond for
a sum of Rs.1,00,000/- with 2 sureties for the
likesum to the satisfaction of the jurisdictional
Court;
ii. The petitioner shall appear regularly on all the
dates of hearing before the Trial Court unless
the Trial Court exempts his appearance for
valid reasons;
iii. The petitioner shall not directly or indirectly
threaten or tamper with the prosecution
witnesses;
iv. The petitioner shall not leave the jurisdiction of
the Trial Court without permission of the said
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Court until the case registered against him is
disposed off.
Sd/-
JUDGE
KGK
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