IN THE COURT OF THE IV ADDL.

DISTRICT & SESSIONS

JUDGE, VIJAYAPURA

PRESENT: Sri.H.Channegowda, B.Sc.,LL.B.,

IV Addl. Sessions Judge,
Vijayapura.

Dated this: 6th Day of April 2017

Crl.Misc.No.242/2017 & 246/2017

PETITIONER IN CRL.MISC.242/2017:
(Accused No.1)

1) Basanna S/o Hanamantaray Subbannagol,

Age: 55 years, Occ: Agriculture,
R/o: Huvin Hippargi, Tq: B.Bagewadi,
Dist: Vijayapura.

(By Sri.R.V.Shirol, Advocate)

PETITIONERS IN CRL.MISC.246/2017:
(Accused No.2, 3 & 4 )

1) Gangappa S/o Hanamantaray Subbannagol,

Age: 79 years, Occ: Agriculture,

2) Prabhu S/o Basanna Subbannagol,

Age: 22 years, Occ: Agriculture,

3) Manjunath S/o Gangappa Subbannagol,

Age: 27 years, Occ: Student,

All are R/o: Huvin Hippargi, Tq: B.Bagewadi,

Dist: Vijayapur.

(By Sri.A.B.Biradar, Advocate)

//Verses//

RESPONDENT IN BOTH THE PETITIONS:

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                                                                         Crl.Misc.No.242/2017 & 246/2017

1) The State of Karnataka

(Represented by Public Prosecutor,

District Court, Vijaypura)

COMMON ORDER

As these two petitions are relating to one and

the same case registered in Crime No.80/2017 of

B.Bagewadi Police Station, for the offences punishable

U/Sec. 323, 324, 307, 341, 504, 506 R/W 34 of I.P.C.

Since the common question of facts and law arise for

consideration, these two petitions are heard together

and are being disposed of by this common order.

2. Crl.Misc.No.242/2016 is filed U/Sec.439 of Cr.P.C. by the

petitioner who has been arrayed as accused No.1 as

shown in the FIR. Crl.Misc.No.246/2017 is filed

U/Sec.438 of Cr.P.C. by the petitioners who have been

arrayed as accused No.2, 3 & 4 in the FIR. The

petitioners in both the petitions seek regular bail and

anticipatory bail on the following common grounds;

3. The petitioners are innocent of the alleged offences

and they have not at all committed the alleged

offences. They have been falsely implicated in the

above case by the complainant with an intention to

grab the property of plot which is purchased by

accused No.1 since long time from the complainant

and the revenue records are stood in his name. The

complainant and his family members themselves

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                                                                         Crl.Misc.No.242/2017 & 246/2017

assaulted the petitioners when they cleaning in their

plot and accordingly the accused No.1 filed a complaint

against this complainant and his family members in

the very same police station and the same was

registered in Crime No.79/17 on 14.3.2017 thereafter

the complainant has filed this false complaint against

them. They are having both movable and immovable

properties within the jurisdiction of this court and they

are having deep roots in the society. They are ready

and willing to furnish adequate surety to the

satisfaction of this court and abide by the conditions

that may be imposed by this court.

Mainly among these grounds, it is prayed to allow

the bail petitions as prayed for.

4. The prosecution has opposed the bail petitions by

filing common objection. In the objection the

prosecution has reiterated the main averments of the

complaint and further it is contended that, the

petitioners have committed heinous offences. Further it

is contended that if the petitioners are released on bail

they will threaten the complainant and other

prosecution witnesses. If the petitioners were released

on bail there is likelihood of violation of bail conditions

and flee away from justice.

Mainly among these grounds, it is prayed to dismiss

the bail petitions.

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                                                                         Crl.Misc.No.242/2017 & 246/2017

5. Heard the arguments.

6. Now the points that arise for my consideration are;

1) Whether the petitioner in Crl.Misc.

No.242/2017 has made out grounds for grant

of regular bail?

2) Whether the petitioners in Crl.Misc

No.246/2017 have made out grounds for

grant of anticipatory bail?

3) What order?

7. My answer to the above points are:-

Point No.1: In the Affirmative.

Point No.2: In the Affirmative

Point No.3: As per final order for the
following:

REASONS

8. Point No.:1 & 2: The learned counsel for the

petitioners and the learned Public Prosecutor have

argued with respect to the contention as taken in the

bail petition and objection filed by the prosecution

respectively.

9. The brief facts of the case of the prosecution are as

under;

The complainant by name Sri Ningappa

Shivappa Totad, R/o: Huvinahipparagi, B.Bagewadi

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                                                                         Crl.Misc.No.242/2017 & 246/2017

taluka has lodged the complaint against the accused

persons/petitioners on 14.03.2017 at 12-15 p.m.

As per the averments of the complaint, since 20

years the complainant has been addicted to alcohol

and that he barrowed hand loan of `10,000/- from the

accused No.1 Basanna and that when he was in

intoxication stage, at that time by playing fraud on him

the accused No.1 got his LTM mark on bonds and plot

sale deed. Recently about one year back he came to

know from his wife that the accused No.1 played a

fraud on him by taking his LTM Mark on some

document in purchasing the plot and thereafter when

they asked the accused No.1 to return the said plot to

them, from that time they are having enmity with him.

On 14.3.2017 at about 9-00 a.m. the accused

persons/petitioners were cleaning the said plot and

after knowing the same the complainant and his family

members went there and questioned them as to why

they are cleaning the said plot. At that time the

accused No.3 Prabhu firmly caught hold his son

Shrishail and obstructed him. At that time the accused

No.4 Manjunath abused them and with an intention to

do away the life of Shrishail he assaulted him on his

head by means of Iron Bedagi and caused grievous

injuries to him. When the complainant tried to pacify

the galata at that time the accused No.1 Basanna

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                                                                         Crl.Misc.No.242/2017 & 246/2017

assaulted him on his waist, back, right leg by hands

and kicked by legs. At that time when the son of

complainant by name Shivanand tried to pacify the

galata, the accused No.3 Prabhu assaulted him by

means of stone on right hand fingers and caused injury

to him. At that time his brother Hanamantraya Totad

and other persons came and pacified the galata.

Thereafter the complainant took his injured sons viz.,

Shrishail and Shivanand to Government Hospital,

B.Bagewadi and admitted them and thereafter he

came and lodged the complaint.

10. It is seen from the records that, the complaint

averments reveals that since prior to the alleged

incident due to plot dispute there is an enmity existing

between the family of accused persons with that of the

family of complainant. The prosecution has not

produced any medical records to show the present

condition of the injured persons. From this it can be

inferred that now the injured persons i.e., Shrishail and

Shivanand are out of danger.

11. The copy of bail order produced by the counsel for

petitioners in Crl.Misc.No.232/17 and 243/2017 dated

23.3.2017 passed by the II Addl. Sessions Court,

Vijayapur shows that pertaining to the very same

alleged incident, on the basis of complaint lodged by

the present accused No.1 Basanna a case has been

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                                                                         Crl.Misc.No.242/2017 & 246/2017

registered in Crime No.79/17 in the very same police

station against the present complainant and his son

Shrishail and others. In the above Criminal

Miscellaneous Petitions the II Addl. Sessions Court,

Vijayapur has granted regular bail and anticipatory bail

to the accused persons on 23.3.2017 subject to the

conditions. As the accused persons of counter

complaint were already released on bail in Crll.Misc

No.232/17 and 243/17 pertaining to the very same

incident, the present accused persons/petitioners are

also entitle for bail.

12. Whether the petitioners have committed the alleged

offences or not, the same has to be thrashed out at

the time trial. Now at this stage, the merits of the case

cannot be gone into. All the petitioners are the

permanent residents of Huvinahipparagi of B.Bagewadi

taluka. Therefore, the chances of absconding by them

is too remote.

13. On considering the above facts and circumstances

of the case and on considering the personal liberty of

an individual in the society as per article 21 of the

Indian Constitution, at this stage, I feel that it is just

and reasonable to allow the bail petitions. The

apprehension of the prosecution that if the petitioners

were released on bail they will threaten the

prosecution witnesses and there is likelihood of

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                                                                         Crl.Misc.No.242/2017 & 246/2017

violation of bail conditions could be met by imposing

suitable conditions. Hence, in view of all these reasons,

I answer the above points accordingly.

14. Point No.3: In view of my reasons as stated in Point

No.1 and 2, I proceed to pass the following order:

ORDER

The bail petition filed by the petitioner

in Crl.Misc.No.242/2017 under Sec.439 of

Cr.P.C. is allowed.

It is ordered to release the petitioner in

Crl.Misc.No.242/17 on bail, relating to Crime

No.80/17 of B.Bagewadi police on executing

personal bond of `50,000/- with one surety

for like sum to the satisfaction of the

concerned Magistrate.

The bail petition filed by the petitioners

in Crl.Misc.No.246/2017 under Sec.438 of

Cr.P.C. is allowed.

The respondent police are directed to

release the petitioners in Crl.Misc.No.246/17

in the event of their arrest in Crime

No.80/2017 of B.Bagewadi P.S, on executing

personal bond for `50,000/- each with one

surety for the like sum subject to the

following;

Conditions:
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                                                                         Crl.Misc.No.242/2017 & 246/2017

1) The petitioners/accused No.1 to 4 shall

not tamper or terrorize the
prosecution witnesses in any manner.
2) The petitioners/accused No.1 to 4 shall
mark their attendance in the
th
respondent police station on 15 of
every month between 10 a.m. and 5
p.m. till the filing of final report or until
further order.
3) The Petitioners shall not indulge in
such type of offences.

4) The petitioners in Crl.Misc.No.246/17

shall appear before the B.Bagewadi
Police Station on or before 13.04.2017
to comply with the conditions relating
to executing the bond and furnishing
the surety.

If the prosecution feels that any one of

the conditions imposed in this order in any

way violated by the petitioners, the

prosecution will be at liberty to seek

cancellation or modification of this order.

Office is directed to keep the original

order in Crl.Misc.No.242/17 and its copy in

Crl.Misc.No.246/17.

(Dictated to the Stenographer directly on computer,

typed by her, corrected and then pronounced by me in
the open court on this 6 th Day of April 2017)

(H.Channegowda)
IV Addl. Sessions Judge,
Vijayapura.
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                                                                         Crl.Misc.No.242/2017 & 246/2017

Bail order pronounced in the open court

vide separate order
ORDER

The bail petition filed by the petitioner

in Crl.Misc.No.242/2017 under Sec.439 of

Cr.P.C. is allowed.

It is ordered to release the petitioner in

Crl.Misc.No.242/17 on bail, relating to Crime

No.80/17 of B.Bagewadi police on executing

personal bond of `50,000/- with one surety

for like sum to the satisfaction of the

concerned Magistrate.
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                                                                         Crl.Misc.No.242/2017 & 246/2017

The bail petition filed by the petitioners

in Crl.Misc.No.246/2017 under Sec.438 of

Cr.P.C. is allowed.

The respondent police are directed to

release the petitioners in Crl.Misc.No.246/17

in the event of their arrest in Crime

No.80/2017 of B.Bagewadi P.S, on executing

personal bond for `50,000/- each with one

surety for the like sum subject to the

following;

Conditions:

5) The petitioners/accused No.1 to 4 shall

not tamper or terrorize the
prosecution witnesses in any manner.

6) The petitioners/accused No.1 to 4 shall

mark their attendance in the
th
respondent police station on 15 of
every month between 10 a.m. and 5
p.m. till the filing of final report or until
further order.

7) The Petitioners shall not indulge in

such type of offences.

8) The petitioners in Crl.Misc.No.246/17

shall appear before the B.Bagewadi
Police Station on or before 13.04.2017
to comply with the conditions relating
to executing the bond and furnishing
the surety.
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                                                                         Crl.Misc.No.242/2017 & 246/2017

If the prosecution feels that any one of

the conditions imposed in this order in any

way violated by the petitioners, the

prosecution will be at liberty to seek

cancellation or modification of this order.

Office is directed to keep the original

order in Crl.Misc.No.242/17 and its copy in

Crl.Misc.No.246/17.

IV Addl. Sessions Judge,

Vijayapura.
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                                                                         Crl.Misc.No.242/2017 & 246/2017