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2013 DIGILAW 1058 (KAR)

Partap v. State through Kudachi Police Station

2013-09-05

ANAND BYRAREDDY

body2013
ORDER Anand Byrareddy, J.—Heard the learned Counsel for the petitioner and the learned Government Pleader. The petitioner is said to be accused 3 in Crime No. 167 of 2012. It is alleged that, the present petitioner, along with 10 others, were involved in an incident in the following background. The complainant, one Gopal Basappa Gokak, resident of Mugalkhod Village, Raibag Taluk, alleged that, the land bearing Survey No. 511 of 2012 measuring 3 acres 27 guntas belongs to his father and his uncle; 10 guntas was given to one Ittappa Siddappa Gokak-accused 1 and thereby his name was also entered in the revenue records. It is alleged that, the complainant and his family members were residing in the land, in the house constructed therein. That, since one year, the said Ittappa was claiming half share in the said land. On 4-8-2013, while the complainant, his elder brother Vithal Basappa Gokak, his uncle Maruti Joteppa Gokak, his mother Ningawwa and his sister-in-law Mayawwa, were present at their house, Ittappa, along with other accused, had all came in a tractor and trespassed the land and tried to plough the land in the tractor. The complainant's aunt Yellawwa questioned Ittappa, as to how he was ploughing the land. He had abused Yellawwa and had claimed that, he had a share in the land and had instigated the present petitioner to kill Yellawwa by driving the tractor over her. It is on his instigation, the tractor was driven at some speed and thereby knocked Yellawwa to the ground. She fell down and sustained injuries. It is further claimed that, when the complainant and others were rushing to the aid of Yellawwa, the accused had all pelted stones at them and tried to kill them. It is on the basis of the said allegation, that the case has been registered for the offences punishable under the various provisions of the Indian Penal Code, 1860. 2. The accused having approached the Court below seeking bail, the Court below had granted bail to all, except accused 1 and 3. Accused 1 has subsequently been enlarged on bail by this Court, in Criminal Petition No. 10578 of 2013 by the order dated 25-4-2013. 3. 2. The accused having approached the Court below seeking bail, the Court below had granted bail to all, except accused 1 and 3. Accused 1 has subsequently been enlarged on bail by this Court, in Criminal Petition No. 10578 of 2013 by the order dated 25-4-2013. 3. Given the above circumstances of the case, it is quite possible that, Yellawwa had rashly got in the way of the tractor and therefore, the allegation that she was chased by the tractor and then knocked down to the ground, will have to be established at the trial. Therefore, the petitioner has made out a case for enlargement on bail. The petition is allowed. The petitioner shall be enlarged on bail on his furnishing a self bond for a sum of Rs. 20,000/- with a solvent surety for a like sum, subject to the following conditions.- 1. The petitioner shall not leave the jurisdiction of the Trial Court without seeking leave of that Court. 2. The petitioner shall attend the Court on all dates of hearing. 3. The petitioner shall not influence or seek to threaten the prosecution witnesses in any manner.