Dodda Kotrappa S/O Pakkirappa vs The State Of Karnataka on 11 August, 2008

 

 'Age:  _'y.'_€aI'E':=,

IN THE HIGH COURT OF  _

CIRCUIT BENCH AT DHARW:ib%%j"Ai*&:k%i   -

DATED TI-IIS THE 2 W Day oF%A"uc§fifs?fkw2QQs}-  A '

BEF0RE%%J a i *

THE HONBLE MR.JUS'f'iCE    

CRIMINAL Pmmew N£).'-mag ;?12(5(:s3 
Between     V'

1.Dodda Kotrappa, . _ 

S/0 Pai<:k3'rappa,._   . 
Age: 55 years,    1:   A ' 
Occz Ag1ici11t1~z_*fist:f ._._.' .. 3    .

2. Anandappa,   V  ' _ '
S/o DoddéiT'I*s:a1i1%3.p15:g1',' _  "
Age: 30"yw_;t*s, V '   _V  _  ..
Occ:    

3. Sa.1:1Vgappa "-~  
S/0 Palikirappa; ~  _

 ' Occ: _A§;sjc1:1tL:ris§i

A11 .aL1*é3_l§/t;;"'(fi)v.Id'V~.1$}';26;e;éeos is registered on 8-5-2008 in rug'

Police Station,  on the complaint of Haralu

Bha1'flQ'?~PP~?.s of   He in his complaint has stated that on

  and his son Harish had gone to the landed

toéthe same. The accused petitioner objected

  'for the"'*4«sa1:2jie  that the land belongs to him and as such

 cotnplainant and his son returned back to his house. On

   'veryflay at about 10 pm. when the complainant was near

 



Station, Davangere on 12-5-2008. As such initiaily the case
which was registered for an oifence pimishabie Section
323 IPC r/W Secfion 34 {PC was   ofiences
punishable under Sections 504,   . it 
2. A reading of the complaiIiAt'ai1dl. melisiatemenfiorinaesn
reveal that the accused been   fl§hOUS€ of the
complainant to   hard  ploughed the
disputed land which the  were claiming to be
belonging to    was near his house
started   of Mahabaleshwarappa
and on   Basavaraj who intervened
and questioned'  The accused persons did

not hams  ldolvwith Basavaraj. A quarrel erupted

 eiiidllleccused persons and in the quarrel they

 :'f'or.' punishable under Section 323 IPC. The injured

it   died after 6 days after the incident in question. The

 

€2.12: "mi-M



learned counsel for the petitioner submits even adrnitting the
entire incident to be true, it would fall  of

Section 304 Part II and not under Section 302  4' -other

hand the State Pubiic Prosecutor, stlhmittetit'  

offence is in fact punishable under;"Se(Eti0n   ioyeratli' 'A

circumstances of the case  the  by"the
learned counsel for the  tlfifiaklgaqi we case is
regstered for an offence'  Section 323 IPC.
Then after 6 days  ' the case came to be
registered   Section 302 IPC. As
such the 'cl;t;éi3:A:not-- the death of Basavaraj.
As such   are entitled for bail. Hence,
the foI1o\ViI1«gV5'r4._4_V .    '

ORDER

._ allowed. The petitioners are ganted bail

on they executing a bond in a sum of Rs.50,000/- each with

like sum. The petitioners shall regulariy attend

the trail Court without fail. They shall not tamper’ the case

of the prosecution or the witnesses for prosec§1:1″£iioi«’}.;_’;-

f¢&95

Sbb/~