Bhimanna S/o Dyavappa Goudar v. State Through Narayanapur Police Station Narayanapur
2017-02-06
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioners/accused Nos.1 to 4 and 5 to 19 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No. 54/2016 of Narayanapura Police Station, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 354, 504, 506 r/w Section 149 of IPC. 2. Brief facts leading to filing of the complaint are that, The complainant is a member of the Gram Panchayat and on 19.10.2016, there was Grama Sabha to discuss about distribution of Janata Houses. The petitioners attended the said Grama Sabha and in the allotment of Janata Houses, there was difference of opinion between the complainant and the accused persons. In that light, on the same day, at about 9.30 p.m., when the complainant was sitting outside of his house, petitioners by constituting themselves into an unlawful assembly by holding deadly weapons came there, abused the complainant in filthy language and with an intention to commit the murder, they have assaulted the complainant and at that time, the persons who were present along with the complainant have also assaulted the accused persons and in that light, a case and counter case has been registered. Now the petitioners apprehending their arrest are before this Court seeking anticipatory bail. 3. Heard the arguments of the learned counsel for the petitioners and learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that petitioners are innocent persons and they have not committed any offences alleged against them. It is only because of the case and counter case, the petitioners have been included in the alleged crime in collusion with the police. He has further contended that the offences alleged against the petitioners are not punishable with death or imprisonment for life and only because of the enmity and with regard to the dispute of panchayat, all the petitioners have been shown as accused. He has further contended that petitioners have got both movable and immovable properties, therefore, there is no chance of they being absconded. It is further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petition. 5.
It is further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that petitioners have involved in serious offence of intending to cause death of the complainant and his men and as the petitioners were not available for investigation, the investigation has been hampered. At this juncture, if the petitioners are released on bail, there is likelihood of they tampering with the prosecution witnesses and they may abscond and they may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the contents of the complaint, FIR and other material produced along with the petition. 7. As could be seen from the records, there are case and counter case filed against the complainant and the accused persons and the said complaint has been filed because of the previous enmity in respect of election and administration of Panchayat. When the offences alleged against the petitioners are not punishable with death or imprisonment for life and the injured complainant has already been discharged from the hospital and he has attended the Court regularly, I feel that if the petitioners are released on bail by imposing stringent conditions, it would safeguard the interest of the prosecution and it would meet the ends of justice. 8. Taking into consideration the above facts and circumstances of the case, the petition is allowed. The respondent Police are hereby directed to release the petitioners/accused Nos.1 to 4 and 5 to 19 on bail, in the event of their arrest, for the above said offences, subject to the following conditions : i. The petitioners shall execute personal bonds for a sum of Rs.2,00,000/(Rupees Two Lakhs Only) each with two solvent sureties each for the likesum to the satisfaction of the arresting authority. ii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly. iii. The petitioners shall appear before the investigating officer as and when required and cooperate for investigation. iv.
ii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly. iii. The petitioners shall appear before the investigating officer as and when required and cooperate for investigation. iv. The petitioners shall mark their attendance before the Investigating Officer once in fortnight till the charge sheet is filed; v. The petitioners shall appear before the jurisdictional Court and execute personal bonds, surety bonds and furnish surety within thirty days from the date of receipt of certified copy of this order.