Mariyamma W/O Mariyappa Channadasar vs The State Of Karnataka on 23 February, 2024

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Karnataka High Court

Mariyamma W/O Mariyappa Channadasar vs The State Of Karnataka on 23 February, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

                                                  -1-
                                                         NC: 2024:KHC-D:4452
                                                         CRL.P No. 100644 of 2024




                            IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                               DATED THIS THE 23RD DAY OF FEBRUARY, 2024

                                                BEFORE

                              THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                              CRIMINAL PETITION NO. 100644 OF 2024 (438)

                       BETWEEN:
                       1.   MARIYAMMA W/O.MARIYAPPA CHANNADASAR,
                            AGE: 70 YEARS, OCC: COOLIE,
                            R/O GANGANAL VILLAGE,
                            TALUK & DISTRICT: KOPPAL-583231.

                       2.   PRAKASH S/O. MARIYAPPA CHANNADASAR,
                            AGE: 32 YEARS, OCC: COOLIE,
                            R/O GANGANAL VILLAGE,
                            TALUK & DISTRICT: KOPPAL-583231.

                       3.   HULIGEMMA W/O. ASHOK,
                            AGE: 45 YEARS, OCC: COOLIE,
                            R/O GANGANAL VILLAGE
                            TALUK & DISTRICT: KOPPAL-583231.

                       4.   DYAMAVVA @ TARA W/O. HANAMATH,
          Digitally         AGE: 40 YEARS, OCC: COOLIE,
          signed by
          ANNAPURNA         R/O GANGANAL VILLAGE,
ANNAPURNA CHINNAPPA
CHINNAPPA DANDAGAL          TALUK & DISTRICT: KOPPAL-583231.
DANDAGAL  Date:
          2024.02.23
          13:05:36
          +0530        5.   VIRUPAKSHAPPA
                            S/O. RAMANNA CHANNADASAR,
                            AGE: 65 YEARS, OCC: AGRICULTURE,
                            R/O GANGANAL VILLAGE,
                            TALUK & DISTRICT: KOPPAL-583 231.
                       6.   NARASAPPA S/O. RAMAPPA CHANNADASAR,
                            AGE: 63 YEARS, OCC: COOLIE,
                            R/O GANGANAL VILLAGE,
                            TALUK & DISTRICT: KOPPAL-583231.
                                                                ...PETITIONERS
                       (BY SRI RAJA RAGHAVENDRA V. NAIK, ADVOCATE)
                              -2-
                                   NC: 2024:KHC-D:4452
                                   CRL.P No. 100644 of 2024




AND:

    THE STATE OF KARNATAKA
    THROUGH KOPPAL TOWN P.S.,
    REPRESENTED BY
    ITS STATE PUBLIC PROSECUTOR,
    HIGH COURT OF KARNATAKA,
    DHARWAD-580011.

                                              ...RESPONDENT
(BY SRI T. P. MALIPATIL, AGA)

       THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.
SEEKING THAT PETITIONERS/ACCUSED NO.1 TO 6 MAY BE
RELEASED ON BAIL IN THE EVENT OF THEIR ARREST IN
CONNECTION WITH CRIME NO. 143/2023 FOR THE OFFENCES
PUNISHABLE U/SEC. 419, 420, 468 AND 471 R/W SEC. 149 OF
IPC BEFORE KOPPAL TOWN POLICE STATION, PENDING IN THE
COURT AT KOPPAL ON SUCH TERMS AND CONDITIONS.


       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                           ORDER

Accused Nos.1 to 6 in Crime No.143/2023 registered

by Koppal Town Police Station, Koppal District for the

offences punishable under Sections 419, 420, 468 and 471

read with Section 149 of the Indian Penal Code (for short,

‘IPC’) are before this Court under Section 438 of Cr.P.C.

2. Heard the learned counsel for the parties.
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CRL.P No. 100644 of 2024

3. FIR in Crime No.143/2023 was registered by

Koppal Town Police Station, Koppal District for the

aforementioned offences against the petitioners herein and

others on the basis of typed complaint dated 20.12.2023

lodged by Ningappa S/o. Mariyappa Channadasar, who is

the son of petitioner No.1 and brother of petitioner No.2.

Apprehending arrest in the said case, the petitioners had

filed Crl.Misc.No.1/2024 before the Court of Principal

District and Sessions Judge, Koppal which was dismissed

as against them on 08.02.2024. Therefore, they are before

this Court.

4. Learned counsel for the petitioners having

reiterated the grounds urged in the petition, prays to allow

the petition.

5. Per contra, the learned High Court Government

Pleader has opposed the petition.

6. From a reading of the averments made in the

typed complaint dated 20.12.2023, which had resulted in

registering FIR in Crime No.143/2023 against the

petitioners and others for the aforesaid offences, it is seen
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NC: 2024:KHC-D:4452
CRL.P No. 100644 of 2024

that the complainant and the petitioners are all relatives.

Complainant is the son of petitioner No.1 and brother of

petitioner No.2. It appears that there is a civil dispute

between the parties with regard to partitioning of their

family properties. The alleged offences are triable by the

Court of Magistrate and maximum punishment for the said

offences is imprisonment for a period of 07 years. Accused

Nos.1, 3 and 4 are ladies and all the accused persons are

agriculturists. Under the circumstances, I am of the

opinion that the prayer made by the petitioners for grant

of anticipatory bail is required to be answered in the

affirmative. Accordingly, the following:

ORDER

Petition is allowed.

The petitioners/accused Nos.1 to 6 are directed to be

enlarged on bail in the event of their arrest in Crime

No.143/2023 registered by Koppal Town Police Station,

Koppal District for the offences punishable under Sections

419, 420, 468 and 471 read with Section 149 of the Indian

Penal Code, subject to the following conditions:
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NC: 2024:KHC-D:4452
CRL.P No. 100644 of 2024

i. Petitioners/accused Nos.1 to 6 shall execute
a personal bond for a sum of Rs.1,00,000/-
each with 01 surety for the like-sum to the
satisfaction of the Investigating Officer.

ii. Petitioners/accused Nos.1 to 6 shall
regularly appear before the Trial Court
without fail unless exempted by the Trial
Court for valid reasons.

iii. Petitioners/accused Nos.1 to 6 shall not
tamper with the prosecution witnesses
either directly or indirectly.

iv. Petitioners/accused Nos.1 to 6 shall co-

operate with the Investigating Officer for
the purpose of investigation in the case.

Sd/-

JUDGE

CKK
CT:GSM
List No.: 1 Sl No.: 20

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