Sri Sadakali S/O Sri Lingappa vs P S I Moka Police Rep By on 7 August, 2008

 

IN THE HIGH coum' or KARNATP-K3  if  H  'V'. 

CIRCUIT BENCH AT DAIfH{AR\UA1}'».-. ::~..  'Q _

EATED THIS THE 773 DAY 99 AI;}§i'~.r{3£§I': 2,2008% %.   .V { 1'

3390123 ' %  
THE I-I()N'BLE MR.Ji'}S"r I<:§: Rfa. jiaix 
CRL.P. N0.2422£"2;QQ8 C_)w_ 'CR1,..r3f.'NQ.247'iI'éo08

BETWEEN:

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Agfid  32 3F¢€zI3». . .
Studcxit in'E.1'!',T!.,  _
Resideazt c_-f*K.V VK..Ha1' ' ~
Bellary (Tuhxk azu1.Dimrji.:.:);     COMMON PETITIONER

 -   K1  IN BOTH PETITIONS.

(By Sri. s.  Yad¢;amL--A_mv.)

         

 ' ?.'s.--~L_, 
 Repmsezfmd 

Saute  Piosecutor,
C]  ,ofAxivo<:1tc General,
High Court Building,

   om. ...coMMoN RESPONDEPYI'

  é.'n1.P. H. Gotkhindi, HCGP)

IN BOT H PETFFIONS

These criminal petitions are filed under section 439
Cr.P.C. praying to enlarge the petitioner on bail in respect of
Crime 1103.107/200'? and 108/200? tespcsctivcly, registered
in Make: Police Station, Moka, Bcllary Taluk and District, for

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the ofienccs punishable under sections 143, 1
325, 307, 448, 302 r/w 1491130.

  

The petitions commg' on Erjoiiier.-»_x   

made the following:

RDELI3

Crl.P. No. 2422/2003   who is
arrayed as Accused  /2007 of Moka
Police Station. .a¢Zv2r1.P:..l'€--o.:f.?.%.fr7 by the same
Sadakali    No. 17 in Crime
No.108/2(:)Of?f   Crime No.10?/2007 is
  " filed by Su  and
Crime  on the complaint _fled by
 "  V"

 .i S1nt.Sushoelam1na, complainant in Crime

  alleged, that one year prior to the date of

inoédent  was a quarrel between the people belongim to

    community on the one hand and people bcionging

"   community on the other, in connection with a

VA  V. ,_..oisp'u1:c regarding mag' ' ation water to be let to the respective

agricultuxal landed pmpertics. In the said quancl, one
zgwaguw.



Va?

 

Sunkanna of Naik community was murdered  

case was mglstcred in that    _3Va1d.'  '* 2

enemity, on 9.1 1.2007 at 7.35  ' 

15 other accused persons'   

unlawful assembly     like
choppers, axes and   t11\ '/reuse of the
complainant  filthy language
and     with choppers
and axes.    grievous injuries
fell   Sushcclamma went
to hisvv'A:{;':s¢(;1'11e  assaulted on the lefi: wrist.

Thcmaftcr   persons tnespassed into the house

    assaulted him with choppers and

   gicvous injuries. When Palaksha Gowda-

 iimther of Mallanagowda Went to the rescue of

 Mallmjegawda he was also assaulted on his head causing
A "ii I3:i%ifi"«A_.g;1ievous injuries. The accused persons also assauitod
  Vkathnamma, wife of  da and Haxnpamznav mother

' of Mallanagovwda with choppers and caused injuries to them.

One Basamma and others intervened and mpamted the

,9; Qua c:.,:.J\x..



 

quareliing parties and pacified them. All   
shifted to virus Hospital and du1'i:l.;gMtbl_:1c  'V 
Ramazaa Gowda and Sauna  
dead and as such Sushoelammgi  3   ,
came to be rcgistexed :25    fin"
ofibnccs punishable  1&4-u{dA3',"~.;l-f17,  324, 325,
443, 452, 114,+V'12o-3,V,o3o7,   {PC in Crime
   
3.     in Crime

No.10B/200'? ha-3* that 'there was rift between people

belonging    and Valmiki community

 itgard to   of irrigation water and that

  to Naik community was murdered and

  pending in the Sessions Conn. Because

ofdfhe  on 9.11.2006 at about 7.45 p. m. the

   no.1? aiong with 25 other accused

A' jiezenons formed thomsclves into an unlawful assembly md

VA    with choppers, axes and sticks, tmspasscd into the

houac of complainant Radhoa, abused her in filthy

ianguagc, and assaulted her husband Nagaraj Gowda with
ji.(Zu,»._e;Ct«<.....



choppers and axes on h'm head and 

injuries. The complainant was also    K  

Went to the mscuc of htr  Grow.   

was one Venkatesh who assaulted olfizlefi    

hand; Her three fingers wer¢"».§'ut~ofiIv. 'I.'Vhc  yalso 

cgused injuries to her mg: legfm "é:I1"'thé:aocuacd
persons uesspassed  Jthc   Gouda,
Mamnna,    they were so
trespassing'     Siddaramanagouda
  Durgappa assaulted on
her  "  Complainant Radhamma,

 "Gowda and Priya intcxvcned and

.' V.  - them  Béifig further assaulted. Shivagangamma

   figauda shifled Nagaraj Ggouda husband of

¢m;;p2a:na:::~%Ti2aahamma, to the vmas hospital and doctors

 in the Ifispital declared him dead and as such, she: lodged a

"ii  which came to be registered for ofiences

  Vggyunishablc under sections 143, 147, 143, 324, 326, 452,

114, 120-43. 307, 302 :{'/W' section 149 IPC in Crime

No. 108/ 2007. Rat C j\,g_



 

attributed against petitioner herein, I hold that the 

is entitlcd for grant of bail. Hence, 1 pass the  _

Both the petitions are allowvl  A.  is;

granted bail subject to bflawizfig'-9§)nd'itio'ri1s:V %  X %_

1.

The petitioner sum of
Rs.50,000/ – like: sum.

1!. The petitiontar jintgfij the case of

pmsc<;1itio1:£'b1f thé.Wi1:£1cs$s for? we prosecution.

in. mend the court.

In 53