IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARVVAD DATED THIS THE 3rd DAY OF NOVEMBER. 2C"I_ BEFORE THE HONTBLE MR. JUSTICE L, .I\IA"RAYANA'*séI;»rAIvIj(A.V CRIMINAL PETITION Nd:.s3I.3?fCF»2o:I:g BETWEEN: 1. SIDDAPPA SON OF TIPPANNA TEGGI. - AGE: 30 YEARS, OCC: AG'RIC.ULffUR'E.' _ R/O : MURANAL, TQ: DIST; 'I3AsAa;KQT 2-ASHOK . S/O TAMMAN_NAEPA.S}'IIRUR. " AGE: 24 OCIC: S11:-RVICII, R /0; MURANAL, ;TQ: "DIvST~:."_I'3AGALf'~:0'I' 3. MALLAPPA . " _ s/0 NEEIAPPA G_ORP.WAR'." AGE: 26 YEARS. OCCA; CQOLIE, R/0;. MURAEKIAL, TQ: DIST: BAGALKOT " PETITIONERS .. .. _ (;3Y"--5R1»-JACEDISH I>ATIL. ADVOCATE] "-.'A--¥.mN_'DI.: - TQ SI'Afi*E Q1?' IKIARNATAKA. 'I'HROuGH*;>sI KERUR POLICE STATION. '~ . I w.BY ITS ESTATE PUBLIC PROSECUTOR, " HIGH COURT OF' BUILDINGS. "fCIRC*IJIT BENCH DHARWAD. I [BY SRI.K.}3.ADYAPAK, AG-A\<\ . . . RESPONDENT
?\.J
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. SEEKING THAT THE PETITONER-S BE
RELEASED ON BAIL IN ERSPECT OF KERUR P.S.x
NO.l23/2010 WHICH IS REGISTERED PUNISl”IAiBl;E””II/.3
80, 31 or’ KP ACT AND 143, 147, 143, 336. 342;”‘3.2’3.._jj’2.4;~~p
504, 506, 109. 353, 307 R/W 149 OF IPC.
THIS PETITION COMING oN..i:oR4oR’oe1§{3′-THist.oAY_, I
THE COURT MADE THE FOLLOWi’l\IG::_ I j; 4’
9-3953 I I
A case has been IPolice
against the petitioiiefs for
offences punishable OF KP ACT
AND 143, 1p4%?;O’ii43, 504, 505, 109,
353, 307 1%/_wI1.=gi9.cir..i’I§£:.Q
the petitioners submitted
that;tl’1e. petitionefs have been falsely implicated in the
intact. they were playing cards but not andar-
it was a festival day, the people
sufrouiidiiig the village gathered and they were playing
I not for gambling purpose. As it is stated in the
O eoniplaint itself about 17 police officials on receiving the
“‘ci”edible information that the petitioners were gambling
°<
went to the spot and gherowed the said assembly and
on enquiry, the police came to know about narnes-_and
address of each one of them who were about _é.%4{
and two of the said unlawful assembl_y__des.cap1ed' _p
brought about 5060 people
armed with stones, clubs etc. th'ose'i–persons. who l';were.fl
arrested were granted bail.lVlVl'i'»illl"ie_ polieelp_ll'have':§arrested
innocent people and'h_e"p«fur'.ther: that one among
them is a milk Avendorp,and–,he_lviten't"to'the spot to collect
milk for supp1_yi:iig:Vtheseine. pin llcriininal Miscellaneous
l\?o.37;2d/ persons who have alleged that
they hair;"escapedf'alndihbrought 50 persons to commit
the _offencell.l"iaVe"bee.ré. granted bail. In the said petition
.st'a:'ted'~.t.hat substantive portion of investigation is
i"'co«n_1ple~te;.VV;VSince from the date of arrest, the petitioners
arein jv-iudicilal custody, counsel seeks for grant of bail to
it it " 1 4." ' = the petitioners. K
3. Statement. of objections is ‘filed by the learned
Government Pleader. Learned government Pleader
submits that while the police ofiicers were
their duty, the accused persons threatene’d…thie” police
with dire consequences and of pouriyng. kerosene
they also assaulted and caused injuries to »n1any.officei’s.”‘ ,
including the Superintendeirit_llp:’of Deputy
superintendent of poi:.§;’¢ who duty. And in order
to save their life, the-b:odygua.rd’l.l’ofV’éuperintendent of
Police fired __.roundsV in_._the” ai”r”to deter the mob.
Since;_lvthel_’l’ ohstructed the police from
discharging tlieirllfdultyilh”ai’id have also assaulted the
polileev are entitledllto bail. If they are enlarged on
bail he verymdifficult to maintain law and order
A for dismissal of the petition.
4;’ ‘H,le’aArd the counsel for the petitioners and the
learned’;Government Pleader and I have gone through
l “‘th_’e*contents of the complaint.
l
5. 011 receiving ereclible information theitll’r.the
petitioners were gambling on 17/09/2010 at.’:’3
they were arrested and were found in””p–oisselssion __0f’=
Rs.1,17,065/~. Ex.P–7 was drewn,fisn:’ the
panchas on the same I1ight__=-..I_Vt islfurth.er
statement that the police
officers who were who fired three
rounds of fireein the” accused have
committed the police
officers. are in jail for the last
40 as for the petitioners and as
is clear liii.._VlCri1l1liinalv”PJl_i~scellane0us NO.372/2010 that
inyreistigfation Vis”‘eQmplete substantively. Therefore the
‘ preseiiee=off.th€ petitioners is not required for any other
purlposel 2irid..e:’i:he:y (razmoi be kept in jail till completion
of tri~avll.’r;_ Under the circumstances. E deem it fit to
A “senléirge the petitioners on bail. Accordingly I pass the
following order:
‘\
6
6. The petition is allowed. The p€t.itlOfl€fS’i:_¢l’§lH€
No.123/2010] are enlarged on bail under tséetiiiinri
Cr.P.C subject to following conditions:
1] The petitioners shall €ii_€C1:’i’t€..:a fofiarp *0
sum of 25,000/– ‘each Wit1i”*one it
the likesum to tlfier’=satisfac_tion”.= of’ the
committal Court.
2] The petit.ioners.e_” sliia’ll;:’ ‘themselves
aVai1a4bl*e__to the’in§{estiga_ting as and
wh_e§-:1 req’ui1″ed. 1
3] The petitioners’ llll “shalil llelave
jurisdiction of the ‘Coi1;*tf~ .0 prior
permission.
4} The vpetition_ef%s:__s}1all n{ot…_,.in’timidate or
tamperg wi’th_V pi”-os-evcution material or
w.itnesses’;’ .
5] Th_elpi’p_etiti_oners sliall mark their attendance
_ ‘bpefiyrie ju:1″isAdictional Police once in fortnight
10.00 a.rr1. to 5.00
L1:n’ti1._fi§irthei’ orders.
‘i
Violation of any of the above conditions
resuit in Cancellation of the bail.
kmv