Venkappa & Others vs State

S.Vishwajith Shetty, J

Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.

Petitioners are accused Nos.4 and 5 in Crime No.31/2021 registered by the Kudagi Police Station for the offences punishable under Sections 143,

147, 323, 324, 355, 354, 307, 504, 506 R/w Section 149 of IPC.

Brief facts of the case as revealed from the records are that, complainant Irawwa W/o Irappa Chanagodn had approached the Kudagi Police

Station on 02.04.2021 alleging that there was a property dispute between herself and her brother-in-law and his children. A civil case in this regard

was pending consideration before the jurisdictional civil court. It is alleged that on 28.03.2021 and on 29.03.2021 accused No.4 had threatened her

with dire consequences for her life. Further, on 30.03.2021 at about 2.00 p.m. when she was in her agricultural land, she found that her brother-in-law

and his wife were cutting some tamarind trees and when she went and enquired with them they started abusing her and assaulted her with chappals

and broomstick. They also tried to throttle her neck and kill her. As a result of assault, she had suffered injuries and also lost two teeth. With regard to

this incident she has lodged a complaint on 02.04.2021 and based on such a complaint Crime No.31/2021 was registered by Kudagi Police against five

accused persons. Petitioners have been arraigned as accused Nos.4 and 5 in the said case. Apprehending their arrest in the said case, petitioners had

filed bail application under Section 438 of Cr.P.C. before the Court of I Addl. Sessions Judge, Vijayapur, which was dismissed by the said court.

Therefore, the petitioners have approached this Court.

Leaned counsel for the petitioners submits that the petitioners have been falsely implicated in the case having regard to the property dispute

between the parties. He submits that the first petitioner is serving as Public relations Officer in N.T.P.C., Kudagi and the second petitioner is a

practicing Advocate. He submits that the petitioners have no criminal antecedents. Therefore, he prays to release the petitioners on bail.

Per contra, learned High Court Government Pleader opposes the bail petition contending that a case underS ection 307 of IPC is registered against

the petitioners. Therefore, custodial interrogation of the petitioners is required. He submits that the investigation is still in progress and in the event of

petitioners being released on bail, there are every chances of they tampering with the prosecution witnesses and therefore prays to reject the petition.

I have carefully considered the rival contentions of the learned counsel for the parties and perused the materials on record.

It is not in dispute that there is a property dispute between the complainant and the accused persons and it is also not in dispute that a civil case is

pending between the parties before the jurisdictional civil court. With regard to the incident that had allegedly taken place on 30.03.2021 a complaint

has been lodged on 02.04.2021 i.e., after about three days. A perusal of the complaint would go to show that there are no specific overt acts as

against the petitioners herein. It is alleged that the accused persons have assaulted the complainant with chappals and broomstick. Hence, it is clear

that accused persons have not used any weapons for the purpose of assaulting the complainant and material on record would go to show that the

complainant has suffered simple injuries in the incident. The petitioners have no criminal antecedents. Taking into consideration of this fact and also

considering the fact that there are no specific overt acts alleged against the petitioners, I am of the considered opinion that the petitioners' case for

grant of anticipatory bail can be considered favourably. Accordingly, I proceed to pass the following:

ORDER The petition is allowed. The respondent-Police are directed to release the petitioners on bail in the event of their arrest in Crime No.31/2021

registered by the Kudagi Police Station for the offences punishable under Sections 143, 147, 323, 324, 355, 354, 307, 504, 506 R/w Section 149 of IPC,

subject to following conditions:

a. The petitioners shall furnish personal bonds for a sum of Rs.1,00,000/- each with two sureties each for the like-sum to the satisfaction of the

concerned police;

b. The petitioners shall not indulge in tampering the prosecution witnesses either directly or indirectly;

c. The petitioners shall appear before the Trial Court regularly on every date of hearing unless their appearance is exempted by the said Court for

valid reasons; and d. The petitioners shall appear before the Investigating Officer as and when required and shall co-operate with the Investigating

Officer for the purpose of investigation.

In view of disposal of the main petition, I.A.1/2021 for interim bail does not survive for consideration and the same stands disposed of.