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Karnataka High Court
Sri Gurusiddayya Aliyas Muttu S/O … vs State Of Karnataka on 20 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1- NC: 2024:KHC-D:4068 CRL.P No. 100376 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100376 OF 2024 (438) ANNAPURNA CHINNAPPA DANDAGAL Digitally signed by BETWEEN: ANNAPURNA CHINNAPPA DANDAGAL Date: 2024.02.21 11:09:32 +0530 1. SRI GURUSIDDAYYA @ MUTTU S/O KALLAYYA JIVANNAVAR, AGE: 47 YEARS, OCC: FARMER, R/O. KOTABAGI, TALUK: DHARWAD. 2. SMT VIDYA W/O GURUSIDDAYYA JIVANNAVAR, AGE: 35 YEARS, OCC: HOUSEWIFE, R/O KOTABAGI, TQ. DHARWAD. 3. SRI IRAYYA S/O KALLAYYA JIVANNAVAR, AGE: 53 YEARS, OCC: FARMER, R/O KOTABAGI, TQ. DHARWAD. 4. KUM. NIRANJAN S/O IRAYYA JIVANNAVAR, AGE: 19 YEARS, OCC: STUDENT, R/O KOTABAGI, TQ. DHARWAD. 5. SMT. SUVARNA W/O IRAYYA JIVANNAVAR, AGE 39 YEARS, OCC. HOUSEHOLD R/O KOTABAGI, TQ. DHARWAD ...PETITIONERS (BY SRI NAVEEN CHATRAD, ADVOCATE) -2- NC: 2024:KHC-D:4068 CRL.P No. 100376 of 2024 AND: STATE OF KARNATAKA THROUGH GARAG PS REP-BY ITS ADDL. STATE PUBLIC PROSECUTOR, HGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. ...RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 438 OF CR.P.C. SEEKING TO ALLOW THIS CRIMINAL PETITION AND RELEASE THE PETITIONERS/ACCUSED NO. 1, 3 TO 6 IN THE EVENT OF THEIR ARREST BY THE GARAG P.S. IN CRIME NO. 13/2024 FOR THE OFFENCES PUNISHABLE U/SEC. 143, 147, 323, 354, 448, 504, 506 R/W SEC. 149 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
Accused Nos.1 and 3 to 6 in Crime No.13/2024
registered by Garaga Police Station, Dharwad District for
the offences punishable under Sections 143, 147, 323,
354, 448, 504 and 506 read with Section 149 of the Indian
Penal Code (for short, ‘the 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. 100376 of 2024
3. FIR in Crime No.13/2024 was registered by
Garaga Police Station, Dharwad, for the aforesaid offence
against petitioners and another juvenile accused based on
the complaint of Smt. Renavva Kammar w/o Kallappa
lodged on 23.01.2024. Apprehending arrest in the said
case, petitioners had filed Crl.Misc.No.40/2024 before the
Court of IV Additional District and Sessions Judge,
Dharwad, which was rejected on 03.02.2024. Therefore,
they are before this Court.
4. Learned counsel for the petitioner submits that
there is a long standing dispute between two parties, who
are neighbors and in respect of the incident that had taken
place on 23.01.2024, false complaint has been lodged.
Petitioners have no criminal antecedents. Accordingly, he
prays to allow the petition.
5. Per contra, the learned High Court Government
Pleader has opposed the bail petition. She submits that
the victim and the complainant are both senior citizens.
Complainant was assaulted by the petitioners. Accordingly,
she prays to dismiss the petition.
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CRL.P No. 100376 of 2024
6. From a reading of the complaint dated
23.01.2024 which had resulted in registering FIR in Crime
No.13/2024, it is seen that the petitioners and the
complainant are neighbor’s. It appears that there is a
dispute between the two parties with regard to the
drainage water. On 22.01.2024, when the complainant’s
husband-Kallappa was putting mud on the road, accused
No.1 who came there, started abusing and assaulting
complainant’s husband, accused No.2 who is the son of
accused No.1 also came there along with other accused
and all of them started abusing and assaulting
complainant’s husband. When the complainant allegedly
tried to interfere, the accused persons pulled her saree
and tried to outrage her modesty. Complainant thereafter
ran inside the house. The accused followed her inside her
house and when the complainant raised a cry, the
neighbors came there and rescued her. Thereafter,
complainant and her husband went to the hospital and
subsequently, lodged a complaint on 23.01.2024 at about
18:30 hours.
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CRL.P No. 100376 of 2024
7. There is an inordinate delay of 18 hours in filing
the complaint. Material on record would go to show that
there is a long standing dispute between the parties.
Admittedly, the complainant or her husband have not
suffered any grievous injury in the incident in question.
The maximum punishment for the alleged offence is
imprisonment for a period of 05 years. Petitioners do not
have any criminal antecedents and they are all members
of a family, who are the neighbours of the complainant
and her family. 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, 3 to 6 are directed to
be enlarged on bail in the event of their arrest in Crime
No.13/2024 registered by Garag Police Station, Dharwad
district for the offences punishable under Sections 143,
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CRL.P No. 100376 of 2024147, 323, 354, 448, 504 and 506 read with Section 149 of
IPC, subject to the following conditions:
i. Petitioners/accused Nos.1, 3 to 6 shall
execute a personal bond for a sum of
Rs.1,00,000/- each with 01 surety each for
the like-sum to the satisfaction of the
Investigating Officer.
ii. Petitioners/accused Nos.1, 3 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, 3 to 6 shall not
tamper with the prosecution witnesses
either directly or indirectly.
iv. Petitioners/accused Nos.1, 3 to 6 shall co-
operate with the Investigating Officer for
the purpose of investigation in the case.
Sd/-
JUDGE
AC,CKK
CT:GSM
List No.: 1 Sl No.: 22