High Court Karnataka High Court

Krishnappa S/O Gundappa Jamadar vs State Through Manthal Ps on 24 February, 2009

Karnataka High Court
Krishnappa S/O Gundappa Jamadar vs State Through Manthal Ps on 24 February, 2009
Author: K.Ramanna
IN THE HIGH COURT OF KARNATAKAC

CIRCUIT' BENCH AT Gm.:3ARc§A" ""' 

DATED THIS THE 24TH DAY 01? FL%§BR'uAmf; 

BEFSRE. %
THE HOIWBLE MR.JU$ffIc:§s 1;" RAimm_;A_f%
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KRISHNAPPA,     
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BAsAvAKAIv.:YANTQ'.'     . . .. PE'm'1oNE}2

{BY SHE' ;mNAsa;A--L.UPf:Ar:§NKAR., ADV, }

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MAN'i'{~§AL !?'.S._   RESPONDENT

' f(E"5"_'{SR?':'*S1§IP;%NABASA?PA1KBAEBASHETPY, I~i.C.G. P. )

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 'THE8"ff}I_§~IMIh¥AL PE'f'I'I'§ON i$ FILED U/S/139 CR.P.C. PRAYENG

._ -.:"'1"*<':f»', ~..r3"I~1";';..;a_R<:;E 'THE ACCUSEI3 mrmoware on BAIL IN' CREME
_  N'Q.:2é;29o? OF MANPHAL 9.3., WHECH IS REGISTERED FOR THE
' --'iT"%Q§*FEm%cEs PUNISHABLB 1513.143, 14?, 44?, 504, 324, :09, 302 r/W

 ' ' -_ ss;C';'1é9:Pc.

 THIS PETITIGN COMING SN FOR ORDERS THIS DAY, COURT
MADE THE FQLLOWING:



 

 

ORDER

This criminai petition is filed byI_the

Krishnappa, under Section 439V}f2f CI’.p}’C.”‘.’p}f’ayiqé.[
on Bail in Crime NO. 125/ 2007 of Méggma

2. The case of the vfiievAv§:ompIainant
who happens to be a msideitfi living in his own
land. mtrasuring other ccvaccused
being the neighbb{§:i1;’g” let free their cattle and
also which he has fenced his
}and’ It complaizmnt: had bonuwcé
a sum ef Rs.iV3,..QCrGj Vithoha. at the rate of 30/6 intcnest

am he, sjmaay. fiyggd. Rs.14,000/- to the said Vithoba in the

mm;§t.:a~. One Bayanand took sicktc for cutting his

crc>1:§s._k5i3._1;M to the complainant. On enquiry, the said

1aaeusea%”‘%sa3%anan# d said that the sickle is lost for which a

W ‘A ” ivgfiadéhayat svaé conveyed and it was settled that the c:ompia;i:na1.1t

sum :31′ Rs.150/~ in lieu of the sickle. For the said

there was iii-will between the complainant and the said’

for which A~}. started harassing the complainant by

‘ Iiving his r::atitie’s for grazing in the field of complainant and alga

If/1’? /.-‘-‘”‘

causing nlfisance. Themfore, on 21/8/2007 at about

complainant and his father Jagannath WCIE

undertaking the agricultural operation, ai..that.”.j;};§éx”a§;¢i1;<3ga{iV ' .

Dayanand thrawated the thomy fen<:iing:;}f;1nii

the call of nature. The complain;§:§t–~g0t -antlof L'

accused and when cnquimd the Déeyanandvvfiabuscd in
filthy language and entc1V"ed.i 'ii1thL a3_n During this
course, it is alleged that towards them,

which hit an tht; his fatixer furdmer A-2 Vithoba took:

another kin rcgon of father of
complaixiank; for on the spot. Aiiegations

made against pé*titiC*néi'_ izhat he was else present at the time

,j'¢::*«–:he i.,¥:£§su:1¢;;t axgd h¢'wm'inducang A-1 and A-2 and therefore, a.

cast'-'; " [gt-;g.;i3t€red as against him. Thfimfore, he was

,_ an'esfcd"3;nd.§i*;i;a§idcd to judicial custody. Hence, this petition.

3. % R§~.é:%a¢nacnt/ State has filed detailed objactions against

f . V petition.

— M’E’!;1e allcgatien made against the petitioner is that he has

‘ the other accused persons to commit murder of the

fleccased Jagannath. The other amused persons are said to have

assaulted and committcd muxder of dtzsceascd %

goes to show that the prosecution is yet to

ofiénce of instigation made by the pctitioa:_1er.:

the fact that charge sheet has bc{:’11___fi1cdV “against :t.3o:e: L’

persons including the petitioner ~x§}a.s_ on

and since then he is in ju:§i§:f;.a1 .g,s1.¢a§;{% Vfl’The Court has
aimady committed thocasc to_ which came to
be regsterecl f.J_f:V:F”I’C~IV, Bidar. The
order of Court on 30/12/2003
discloses have abused in vulgar
language. accused persons to commit

the murder of tfié

” V’ . A 3:… ‘i’1;omforo, that the petitioner has made out the

ufac: i;e_; to release him on Bail. But the

mspon§ént[}giioseoufion submitted that the petitioner] accused
be Bail by imposing certain conditions.

“ii :6′;’~«A_;{)oz1six:1c:’i11g the facts and circumstances of the case, the
filafl by the petitioner is allowed and he shall be

. :&:1c;ased on Bail in Crime NC}.126/O’? i.c:., SQ. No.3}2008 on his

exscziting personal bond for a sum of Rs.25,0€3G] – with two

soivent sumtics for the like sum to the satisfaction

Court with the following conditioz1s:- A _

a) He: shall not tamper the ‘

b) He shall not leave the éf the

c) He shal} mark his –1p;£§z§’ Police
Smflmgfina&$§@fi&@#@fifi§mmmhamdmflnim
on 1″ and A},_6’~’h of to 6 pm.

(51) He on all hearing
dates: ‘ ..

Sd/-

JUDGE