IN THE HIGH comm' ore' KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 25% DAY OF NOVE§9iB9ER-,._j:1_3fi1):8« _
BEFORE H H M F" % ' _ V
THE HON'BLE MR Jusrgcs _A'N3I'«.1f-;u5A.'.j',. «
CRL.P.NOs.'7407I2008. '2*4o3J_2'ods. g
7348} 2003. 744oIgt3__n§3. 744,1i2oo3,%744.2_zgoo8, »
7443I20O8_.f;13gi 744412033
CRL.P.---N§r."74~!}7[--_gOG8':» _
Gadi1i:3ga;.:pa;':fiSl oi ' '
a_bo'uii 32 _ _'
Occ: Ag1ic13Ii*ef1i*i$tT»,, " __
R/o.§,u<.,,Ha1,,viuage" "
Tq. & D._isi. Bel_Iary{ .. PETITIONER
, '_ Advocate)
A P. 81... Moka Police Station
.. Rep. "a~y"'State Public Prosecutor
High Court Circuit Bench Building
Dhaiwad. .. RESPONDENT
‘ . “my Sri N.Dim:sh Rae, GA 85 Spl.P.P and
% ” Sri P.H.(}otkhindi, HCGP)
This petition is filed under Section 439 Cir.P. C. praying
to enlarge the petitioner on bail in respect of Crime
No.108/2007 registered in MOKA Police Station, MOKA,
Bellary Taiuk and District for the ofiences p/11/Ss. L143, 14?,
148, 324, 325, 326, 448, 452, 114, l20~E , 307, 302 I’/W.
149 of IPC by allowing this cfiminai petifion.
CRL. P. 110.7408] 2008:
BETWEEN:
Gadilingappa, S/o.Parasappa
Aged about 32 years I ‘
Occ:Ag:ricu!turist
R/o.K.K.Ha1 Village T. _ V’ ‘
Tq. 85 Dist. Bcllaly. ” _ PEFQTFEQNER
(By Sri S.S.Yadrami, A_dvocatc_)_ :
AND: V é 1. %
The State of Karnataka..~- V _
By P.S.I. Moka’I?£)1ice€3tat:iQ}§ ‘ 1
Rep. by State Prosecutor ‘
High Cou3:°t”C§:*¢f:1ii*a’!t.3_eI1)
‘ms pm-¢g is filed under Section 439 Cr.P.C. praying
. éniarge A. the petitioner on bail in respect of Crime
. ‘mro.197;.:aao’zV Iegstered in MOKA Police Station, MOKA,
_ “B¢IiaI’y-Talfilx agd District for the ofibnoes p/11/Ss.143, 147,
” ._1″=:L3%,’ 324;.._3;2$,’A 325, 443, 452, 11.4, 120~B, 307, 302 r/W.
149 ofI_PC*?{;y”a11owing this criminal petition.
cRL.p.No.7o9ygoo3;
% 5]” iB E’rwEEN:
” S/o.KaIe Sunkanna
‘ = –Aged about 35 years
Doc: Agnbulmre,
R/o.K.I<LHa1 Village
Tq. as Dist. Bellaxy. .. PETITIGNER
(By Sri S.S.Yadrami, Advocate)»
AND:
The State of Karnataka
By Moka Police Station »’ .
Bellary. T c §”R’ESVE’–Q£~E
(By Sri N.Di11csh Rao, GA & Sp}. RP and .% ‘
Sri P.H.Gotk1n’ndi, Heep).
This petition is flied under J
to enlarge the pctitiometj on in v1V*r:spVect ” of ” Crime
No.10?/2007 Iegistcred as; No.55; on the
file ofPr1. Sessions Judge, ‘ — ”
Marcmxa, S16;
Agcdhbout 33 years
R/o.K.K.IfIa1
V, _;Tq. as Dist .. PETITIONER
« . S~.._S.Yadrami, Advocate)
The state of Karnataka
By Esfioka Police Station. .. RESPONDENT
‘A ‘T my Sri N.Dinesh Rao, GA 85 SpLP.P and
‘ Sri P.E~I.Gotkhin¢ii, HCGP)
This petition is filed under Section 439 Cr.P.C. praying
to enlarge the petitioner on bail in respect of Crime
No.1OB/2007 mgstemd as S.C. No.56] 2008, pending on the
file of Pd. Sessicns Judge, Bellary.
cRL.P.No.7440i20o8;
BETWEEN:
1. Kadappa,S/ojwlanumappa
Aged about 50 years ‘
Ooc:Agri., R] o.K.K.Hal
Tq. 85 Dist. Be]hary~583 19;.’ _
2. Somalinga, SI
Aged about 22 * A} ” _
0cc:Agri., R/o.K.K.Ha} ..
Tq. 85 Dist 1.01;.’ ‘
3. Durg,apfi;I_Sjo;Ka}1appa_”
Aged ah.-‘mt 52 * V
Tq. & ¥:”3cfla1*3=’;583 101.
4- Tayappaa SI Hamimfippa
aboiit 65 yaai”3
,V R! o. K.K;Ha1 Village
‘ “Tq. 85 Iiistfflelizéxy-583 101. .. PETITIONERS
% – .§}.Sofl%;1H’m.ath & L.V. K. Advocates)
X ‘—.4ThCvS1€;ifE2 bf Karnataka
By Moka Police Station.
Relay by High Court
.. A’ ‘State Pubiic Pmsccutor
” District~583 101. .. RESPONDENT
{By Sri l’3.Di;nt:sh Rm, GA &. Sp]. RP and
Sri P.H.Gotkhindi, HCGP)
This petition is filed under Section 439 Cr.P.C. praying
to yam: bail to the petitioners with conditions in
CR.No. 107/2007 of MOKA Police Station.
CRL. P. NQ744 I I 2008:
BETWEEN:
1. Iranna, S/o.Kasdappa
Aged about 20 years
Occ: Agri., R[o.K.K.Ha11Ifihge
Tq. as Dist. .
2. Mailaiah, s/o.Ha%;;uma_§pg ~
Aged about 38 ‘ ,
Occ:Agri., R]o.K.§{.VH&lVVfl_1age * 1 .,
Tq. as Dgsgagna-;’y. – ~ .. PETYFIONERS
(By Sri fiévocates)
‘I’h:é Sta1.e fo:[:<a mf .. % %
By Make. Police S~tatio_1r_1;~,
Benarypistact, % .. RESPONDENT
gay Sri n.nm¢gh Rae, GA 85 Sp}. mo and
;_Sri P:H.Gof;k'uit1di, HCGP)
V T. is filcd under Section 439 Cr.P. C. praying
._ to the petitioners with conditions in
A ?1cR.N_g.';t:_7T]2oo7 of MOKA Pbiice Station.
CR§_4. P. No. 744%OO8:
x ‘ _zgE’r{vEEN:
b’ Ifanna, S] o.Thayappa
Aged about 35 years
Occ: Agri.,R[o.K.K.Ha1 Village
Tq. as Dist. Be-llaxy. .. PETITIONER
(By Sri S.G.SoI1apurmath 8:» L.V.K. Advocates)
AND:
The Stats of Karnataka
By Moka Pblicc Station.
Bcllary District. ;’§:_RE$E§€}§iD;§§N’f’
(By Sri Nmnesh Rao, GA 81. S}:}i.iPV.I7″:1I&1(i’.” L: % M }
Sri P.H.Gotkhx’ndi, HCGP) ‘ ‘
This petition is ‘séfidcr prayiiig
to grant bail to the ptzzifioners ” cgondifions in
CR.N0. 10772007 of S-‘5’L£_iti0I1. ‘ ‘V
c§§;,§’P.
%
1- IAMIH-A Sl§L”45 a3*éfi:>§’
Aged.’ gabout 35′ years
% -vOcc:A%1’i-Q1?/o.K.K.HaI Village
» 2. S/’ofianumappa
‘ &i3.O’_£it 52 years
‘ AVg:ti,R/0.K.K.Ha1 Village
Tq, _&;E,)ist. Bellary.
3.” S/o.Kaddappa
about 20 years
V Gee: Agi, R]o.K.K.HaI Village
A Tq. as Dist. Bellazy.
4. Maliaiah, S/oflanamapgm
Aged about 38 years
Occ: Agxi, R/o.K.K.Ha1 Village
Tq. 85 Dist. Bellary.
5. Somalinga, S] o.Moka Pampanna
Aged about 22 years
O<:c:Agriculturist
R/o.K.K.Ha1 Village
Tq. 85 Dist.Be1laIy. é jP:éf4r:9fiC):~zE:2s j«
(By Sri S.G.S0}lapurmath -Ba «. ":
AN D:
The State of V
By Moka Police Statigli. vv ‘ -‘
Bellary Distzficig. ‘ ” ‘ V .. RESPONDENT
(By s;i.’r:’iajn§;§:-. %c:»a. av.» s;p1,’1=-j?” ‘And
Sri P.Ij.Cotkhi:;&i;’jvVHCGjP)
tinder Section 439 Cr.P.C. praying
to $9 ” petitioners with conditions in
CR. No;~1_O8.[ 2007* 9f Police Station.
A
A S/o.Ka11appa
“Agéti about 52 years
” .VC)¥cc: Agxi, R/o.K.K.HaI Village
Tq. 35 Dist. Bellary-583 101.
Tayappa, S/ofianamappa
Ageé about 66 years
Occ: Agri., R/o.K.K.Ha1 Village
Tq. & Dist. Bellaxy-583 101. .. PETITIONERS
(By Sri S.G.Sol}apurrnat.h & L.V.K. Advocates)
AND:
The State of Karnataka
ByMoka Police Station. I «.
Bcllary District. fl
(By Sri N.Dinesh Rae, GA as 5131. P«.’P_z’a’fid A. V’ ”
Sri P.H.Gotkhindi, Hosp} ” . V %
This petition finciger 43§Ci;.P.C. praying
to grant bail to Vwith conditions in
CR.No. 10312907 of MQK5 Statitggx,
These ‘ «V orders this day, the
Court m__r-mic _f{.)l1o\a_vi;1’g.;.. ‘
% QRBER
aln V. petitions, petitioners are seeking bail
‘( M _ 439 Cr.P.C. These petitions have arisen out of
V 2007 and crime N0.108/2007 zegistexed by
“-Moira Bcllaxy District.
” 2. The petitiancr in Cr1.P.No.7407/2008 and
‘Cir1.P.No.7408/ 2008 namely Gadilingappa Sfo Parasappa is
arrayed as accused No.18 in crime No.1{)8/€200? and
accused No.1 1 in crime No.10?’/2007. E
m. wiww W .
10
The petitionexs in Cr1.P.No.7444/
Durgappa, S/0 Kallappa and Thayappa S]
arrayed as accused Nos. 1 and 7 Np. _
As per the case of 1V()3:x§’
standing enimity to
Lingayath of K. K. Hal
Village situate Aomoka Police Station.
The out of shafing of
watei; of one year prior to date of
occufiepce, to Nayaka community
was pzfsoiis iielonging to Lingayath community of
was long standing enimity between
V Afier the death of Sunkanna’, the persons
.’ were Waiting to take vengeance
again_et'[. persons of Lingayath community. The pmsecution
A “:. ‘ alleged that there was a criminal conspiracy between the
;accused arrayed in crime No.10?/2007 and Crime
No.108/2007, to eliminate the deceased persons, at this
stage of the proceedings, I do not find any material to accept
the same. In any event, the same being made on the basis of
statements given by accused during of
investigation, cannot be oonsidezfcd.’ A
3. It is the case of tizcék
about 7.45 p.1:a., pcfitionerddvdvniddmed other
accused in crime Nio;V.1O7,i 108/2007′
armed with deadly ‘choppers, sicklcs,
clubs ctc., with the common
object his younger
bmtigilcr f one Nagarajagouda. It is
that in furtherance of common
objccf _ of dssombly, the petitioners named above
. oigiaci’ ~aocus§v:ud””&t1’cspassed Athc house of the deceased-
Y./”
assaulted him with deadly weapons and
5fi.n3ta11tanoous death. When the wife of the
Ramanagouda came to rescue her husband, she
also assaulted. Thereafter, the accused an: alleged to
d Hhavc dxaggcd deceased uda to the house of
Ramaouda and assaulted him with choppers, sicklcs,
clubs and caused his death. Thexeaflcr the accused
in .
txespasscdf the house of Nagaxajagouda and assaulted him
‘i
with deadly weapons and causedmhis
M-3€u.€.»
Radhamma came tofiher husbanfi, she by
§_/* . .
accused. ‘Thus, the accuseti-are
three muxtiers in a row.
murders of and
Nagarajagoudg are anggag their family
membcifw '
Sushcelamma W/O
was mgstcmd by Moka
Po1ic:1s«ff11* under Sections 143, 147, 148,
324, 323;”~3<1*i, #?i{48A,"v3(V)f1'§.Vr/W 149 we.
a complaint made by Radhamma, WI 0 deceased
_ crime No.108/2007 was registered for
afiengxes-;5umshab1e under Section 143, 147, 143, 324, 325,
.. ,3HO7,V"~4¢48, 302 r/W 149 [PC by Moka Police. T1118 above
A' 'eshaplaints were registered against persons named therein
for having committed ofibnces during the course of same
transaction, which resulted in death of three persons
namely, Ramanagaouda, S agouda and
Nagarajagouda and injuries to their fiamily IIkC1'."I1b€'fi':"ThE
~§\§1 C
13
facts narrated in the complaints given by
Ratihamxaa are rather over}appi;:g’;” A
The copy of __ ‘V
deceased Nagarajagowda, es
many as 23 injuries; fiecmms and
also amputation of the injuries are
described ae ‘ x V
” examination report of deceased
that he had sufiered as many as
14 cut into pieces, skull and CI’3333.it1JJ),
g-.555} . of the injuries found on his person
» ;”*¢%Iere.V_Cut«.;i 1i;§1;I’ies. The cause of death is shown as due to
= Viaeemonhage as a result of multiple injuries. The
examination report of deceased
” ve gouda would reveal, he had sufiered 5 injuries
the cause of death is shown as due to shock and
hamorrhage as a result multiple injuries.
\
§
I
I’VvC’/
“‘–…_.”an
14
6. The injury certificates ntlating to
Radhamma and Paiakshagouda would _
sufiemd mulfiplc grievous injuz’ies:.
suffered fracture of right _
At this stage of”the Ijsasons to
suspect the contents which would
Show that dcathsof ” uda and
They had sufihred.
and their death was
instanta’i1e(a:t1s.v ihcm are no reasons to suspect
the of certificates relating to Sushiias,
avgd Palav “” k ” ‘shagouda.
the complaint and furthcr statements of
and Radhamma, the death of R uda
: ‘an5;i_. I:1:.is””t:amther ouda had occurred near the
of R uda and the death of Nagarajagoucia had I
in his house. When Sushilamma, W/0
Ramanagouda went to zescue her husband, she was
assaulted and suffered injuries. Similarly, when Radhamma,
W] 0 of Nagarajagowda went to rescue her husbancfi
also assaulted and sufibred injuries. ‘ . A
At this stage of the case, V
place of occurmnce and presence Bf
place OfOCC1lI’I’6I1Cc, cannot ‘ . 1
~ 3. 1 have heani ‘: ieaxne’ci péfitiéacrs and
learned Special Pubhc
,9’; W’Vi’I”1e: for petitioners in
Cr1.P.~§rl.P.No.7408/2008 has made
The; petiiionexs in Cr1.P.No.7407_[2008 and
A No.7408/ 2008 namely Gadilingappa, S/0
has been falsely implicated in funhcr
. ‘Statement made by Sushjlamma.
‘IL : In tlact, the accused namely Sadakali S/0
Lingappa against whom similar allegahions are
made has been yantcd bail by this Court in
Cr}. P. No.2422/ 2008 and Crl. P. No. 247 1/ 2008.
Therefore, on the gmund of parity, petitioner in
CrI.P.N0.’?407/2068 and (3r1.P.N0.7408]20{}8 is
entitled to be released on bail. ffiwcéf
N ‘ ” \ t
16
In order to appreciate these subm£sé§i§5i1§;
nccessaxy to consider the contents gfpcompiainiijaaiifitad ‘V .
Sus and further statcmenfi 4′ } ~ A’
As per the by on
9.11.2007 at about 7.45 fisaciixdiag the
petitioner in CrI.P.No.9’7ii;i)_.’?]’i2()(§”i»£V:i’: P.No.7408/ 2008
namely Gadifingappa, ‘Sjo with deadly
weapons of the deceased
, _ ‘ ‘ «v..;5§”c%<:;1sx:tI~Chandm assaulted the
deccaséii So also other accused
assguitagi 'With deadly weapons. When she
" '~3_1_1c also assguitcd by the accused and
The compiaint narrated by Sush1ia' mma,
Wifizpf who was admittedly present in the place of
makes it ckear that, the petitioner namely
_Gad:i:2ingappa, S/o Parasappa, being a member of unlawful
Waésscmbly had tnespassw into thc house of the deceased
Ramanagaouda. After the deceased was done to death, he
left that place along with other accused and all of them
trespassed into the house of agouda. Therefore,
17
by the mere fact that the complainant hat} not ae}’ _
overacts to petitioner, it is not possible to is ..
ne prilnafacie case against X
Pmsecution cannot invoke ” I.P,§. the’ ;
accused. ‘ ‘V V_ V. .’ V
The occurrence ~-.i,asid’e At1ie house of
the deceased Ramanageegiee pei’ petitioner along
with other Weapons, would
p1’i:11a–faci3?:’ was one of the members
of furtherance of the common
object of the deceased Ramanagouda
wasfldene to _
‘A eixbeaission of learned Ceuneei for petitioner that
to bail on the ground of parity cannet be
aeeeptefil -A “for this Court while granting _bail in
.er1__. P. M2422; 2003 and 2471/2003, has not considered the
‘% ‘that the prosecution has invoked Section 149 me. This
= has not noticed the exhortation attxfiuted to the
petitioner. Thezefore, the petitioner cannot be released on
bail on the ground of parity. N» CL
10. The petitioner in cr1.P.No.7o§:;§/2:308
Cr1.P.No.’?348/ 2008 namely Max:é1ii1éi,’«S/’*9 ‘ AV
arrayed as accused No.5 is
the house ofthc deceased V
The learned coififiscl woufii Qubmjt that
his name is nofg narrated by
Sushilammaf submit that he has
been made by the
compj;éiiiiai1’L;.. fFhVeJ him is that he had
Thexeforc, there is no prima-
facig
” _Fg.:.1_ cmier tci ‘appreciate this submission, it is neccssaxy
V the prosecution case, that was spate of
accused had tresspasscd into the house of
the” Ramanagouda. After killing him, they
x V’ » into the house of Nagaxajagowda. When the Wives
qf”t1″1¢ deceased Ramangouda and Nagarajagouda intervened
rescue their husbands, they were also assaulted and
TU – V” “x,
19
It is true, in the complaint, ‘ L.
the names of all the accused. Sfie l:i?§_is’~
this petitioner and other in”~her .fi1ithe?.fj’s*.atement. ‘
The complaint was Ieeonrled ::)_1_;:§.~1_1’;v200’3.?. whee Sfiishilamma
was being treated at Bellazy. Her
further statement was 9:;
I 1. suffered by SushJ1a:n:una’
and ‘fixer to name the I accused
in v_eo’ns11dered as a circumstance in
favour of so, mentioning of name of this
statement, cannot be considered as
» _Vj1n.provet:ie11t at this stage. The prosecution has invoked
13.0., the mere feet that no overtact is
this petitioner, is not a suficiaent ground to
V. ‘g;.*a;1t According to the case of the prosecution, the
belongng to opposite community, had trespassed
V’ the house of deceased Ramanagouda and committed his
murder. Therefoxe, the wife of deceased Ramanagouda
namely Sushilannna who had witnessed the brats} killing of
her husband, must have been stunned and shocked. She
I’D’ £12» 1?’/W3 A ,
E
20
was also assaulted in the same course of tz~a11sa<:€.1Zo;3,'__ 5'ETv_.eix.if
them are omissions in the complaint .bj}5.5.:he_r, 3tii.<'-it
would not belie the contents "_1ier, it
Therefore, at this stage, it _is B0131;
petitioner was deliberately furthef
statement ofcompiai:§a~.1_1t
12. The, petitioneif %’§:;1;img.’*z34s/2093 namely
Maxenna, S1″-mé E3 533% as accused No.5 in
crime stage, it is relevant to state that
the VNo.1O8/2007 was narrated by
Ra(i}’.a_mm§i, V/o’1of Nagaxajagouda at 11.45 pm.
. ‘, . . . . . .4
* submitted by Earned Counsel for petitioner
mat, from giving the name of this petitioner, no
Q ~ mzgztaét is attributed to this petitioner.
As per the complaint nanated by Radhamma, W/o
Nagarajcgowda, that at about 7.45 13.31., this petitioner along
with other accused armed with deadly Weapons tmspassed
into the house of Nagarajagoada
W. V”
and agsaulteeil
‘\ .
Nagarajagouda, who at the Ieievant
television. The presence of b 7.
deceased Nagarajagouda at xcgf
particularly when there
prima-facic establish, AtV,1:1:.~ui§):uc’.~t:i’ti:*;.11c1″‘ aviizxxcmber of
unlawful assembly, “to commit murder
OH Nagarajagowdfi; 1:};ert::fB1*e; iigt to hold, them is
Iio pximagfairiga agajfist the
ix{“‘t:r1.P.No.7441/2008 namely
Imnfiéa, ‘S16 Mallaiah S/o Hamzmappa are
a4S’~Va§:ca1Sed ‘9 12 in crime No.107[2007 which
= xggistgmd }m=1–thc complaint narrated by Sushilamma,
9 ‘ o1.1da. The learned Counsel for petitioners
‘9sfdéi1d that in the complaint narrated by Sushiiamtna
on’9… 1«:_.20{)’i”, there is no reference to these petitioners and
” ~ fiave been imylicatcd in the further statement of
rccordcd on 12.11.2007.
in the discussion made supra, I have given the reasons
for rejecting the similar submissions made on behalf if
. ‘/-N->»-=-“2
22
petitioners in Cr1.P.No.7092./2008 ‘and (‘,_1jl_,
The same reason holds good fa}; the of
Icarned Counsel for petitioners I ‘V L
15. The pefitioncr 3″,’:Vitv.,:._V'{‘2rl_.P.i’*V1’o.77’fl4¢3′:f3Z/ ions namely
iranna, S/o Thayap3}4a..,is a $0.6 in crime’
No.10′?/2007 negistereti narrated biz
Sushi1amma,”£§(:[o «contended by learned
fibm mentioning the name
in tfie _t;isVzWattIibutcd to the petitioner.
A.t th.c ‘riskfir it is necessary to state that
c4I;’mc,..No..V107[:’2{)07V’ was rcgistczed for ofienccs punishable
. 1′:ndé:~j’¢,’séc:ipns 14$, 14:7, 143, 324, 326, 352, 114, 397, 448
3 no 149 i.P.C. The death of Ramanagouda had
A in his house. The petitioner and other accused
AA Ttxcopagéscd into the house of Ramanagouda and caused his
V’ ” .doath. If no overtact is attributed to this petimrner, that
would not absokvc the vicarious liability of petitioners under
Section 149 1.110. Therefore, this submission cannot be
p,,.,,,,.,6,.,…,.
acceptzd. IUC, ‘
23
16. The petitioner in Cr}..P.No.744B,3f§0(§8ff:.
Iranna S/o Tayappa, petitionczfg Din
Kadappa Sfo Hanamappa, ,_-Sf?)
S/0 Hanamappa and SoI:£a3.7111gai§,f’d
arrayed as accused Nos. _v16, ‘m crime
No.108/2007 Séctions 143,
147, 143, 3251, 325,AVV_3{§’.??, 149 1.13.0. on a
complaint by: is the Wife of
A’
It “<§o11tcnts of complaint narrated by
Radhai)im_g.a,., "N%:gax'ajagouda, the complaint was
atV.'ab<111j;_'41.1.4S p.m. on 9.11.2097 v§rm1e she was
.A hospital at Bellary. Her further statement
._ 12.11.2007. In the complaint given by her,
from giving the names of 8 accused, she has
AA other accused armed with deadly weapons trespassed
' her house and committed the murder of her husband.
: in her further statement, she has given the names of these
petitioners as mcmbers of unlawfui assembly. These
petifioners armed with deadly weapons had trespassed into
f\/'…e£v—«C3~s.»–~
1.5,..- ,
24
the house of Nagarajagowda and committee
pxesence of these petitioners a}.c;1’1§ with {mo 1 V
were armed with deadly I
Nagarajagouda with tabesehvh 1o1’1Vg
standing enimity, they were
members of etage of the case,
they cannot vasfciiel’ “finder Section 149
of learned Counsel for
petiiizgnexs to bail, cannot be accepted.
_ 17;L””‘~3’1;’e.p’g–=:tiAi:i;3rieie. in Crl.P.No.’7444/2008 nameiy
‘~ A S/on and Thayappa, S/o Hanamappa are
‘ Nos. 1 and 7 in crime No. 108/ 2007
efiences punishabie under Sections 143, 147,
32;}, r/W. 149 LP. C. on the complaint narrated by
V. W10 deceased Nagarajagouda. The complaint
AA’w»a’.eA1eoorded at about 11.45 pm. on 9.11.1997 when she
V’ treated in VIMS hospitai at Bellamy. In the complaint,
she has gven the names of petitioners 1 and 2 as members
of unlawful assembly, who had txespassed into her hguse. I
t I
iv
-….c’
25
is stated that petitioner No.1-Durgappa had assai11iec1″‘~1;cr
with a chopper. It is also stated that
Thayappa, S/o Hanamappa had a§;s.au,Itcd_~6ii ‘ b
back and neck of deceased “g:tagé;VT%jit
cannot be disputed that Nagmngjagéudé «1iea,[§::v1Va%V%;;cgmt% of *
multiple injuries sufihmd Wjo
Déagarajagouda, in the course
of the same ;sta;jc, are no reasons
to disbe~}isvié’ ti”1’c. E,£:n.teB:.fs=._Gf
.18,’ The for petitioners has contended
that, in < 70f '- gmnted by this Court in
&C1§;..f'.F§o.72§0/2£)'O'8""V and Cr1.P.No.7261]2008 to
No.1 in crime No. 108/ 2007, these'
';3'~2,ft4'1"Vfio1:tvr:.19s5: as accused in Crime No.1(}8/2607 are
entitlegiio bail on the gound of parity.
On careful consideration of the order made by this
in Crl,P.No.726{}/2008 and Cr1.P.No.7261/2008 , I
find, this Court has not eonsidemd the plight cf the
complainant when her statement was recorded. At the risk of
26
repetition, it is necessary to state, as per 1’31¢
pmsecution, the complainants namely
Radhamma had witnessed the; 1A$’i’iit£*.1_v »f’
husbands in their houaea A. ‘wezee
injured. The statements ‘VVh<);apita1';
Bellary. Therefore, oz21.i§sio1;e.e"ttxq:A.a..t.'1:1e naineaflof all the
accused in the to grant bail.
It is needlesa f2i:”state,;:’f1’ie’ the be and end of
the “”‘i’il*_a._»:=;V complainants were
mconied Therefore, the ground of
parity is”n.pt H fiefitionezs.
Ac seen from the records, there was long
between party of the petitioners and the
o f As already stated, one Sunkanna, who
belcngie-d the party of the deceased was kzilked one year
” xpiicr to the date of occurmnce. if the accused are released
‘Ken Hbail, the possibility of the party men of the deceased
V H “reacting in a retaha’ tory Mmegm , cannot ht-‘oo1np};e’£ely'[:§i1]ed
out In View of existence of prima-cfacie ease and also having
regard to the nature of ofiences alleged against the accuseti,
N 1/ween’
I am of the 0pm’ ion that it would not be “of .,
justice ti} giant baii to pefifi0mm;;’;Pcf_iéfi:):;€1$
bail, are likely to tamper pméuaciition
are also lilmly ta-flee away
For these
j 1
,.
mag:
Ets*