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2018 DIGILAW 840 (KAR)

Krishna v. State of Karnataka

2018-08-01

K.SOMASHEKAR

body2018
JUDGMENT : K. SOMASHEKAR, J. 1. This criminal petition is filed by the petitioners under Section 438 of Cr.P.C., seeking anticipatory bail in Murdeshwar P.S. Crime No. 107/2018 for the offences punishable under Sections 380 and 454 of IPC. Heard the learned Counsel for the petitioners and the learned HCGP for the respondent-State. 2. It is stated in the complaint that on 30.05.2018 at about 10:00 a.m., the petitioner herein had filed a complaint against two persons namely Somayya Kulla Gonda and Smt. Maasti Somayya Gonda before the Murdeshwara Police Station which came to be registered in Crime No. 108/2018 alleging that on 28.05.2018 at about 06:00 p.m. when he had been to attend the work of his cow shed, he came to know that GI sheets kept in the said cow shed was stolen by the above said two persons. On the same day, Somayya Kulla Gonda also lodged a complaint with the allegations that on 29.05.2018, after his house repair, he had been to Honnavar to speak to his son and when returned, he came to know that all the properties were stolen by the petitioner herein and hence he requested to take action. Based upon his complaint, the Murdeshwara P.S. registered a Crime No. 107/2018 for the aforesaid offences. 3. Whereas, the learned Counsel for the petitioners taken me through the averments made in the complaint. The suit is filed against the petitioners herein in O.S. No. 61/2002, wherein the suit was dismissed on the file of the Civil Court, Bhatkal. Against that order appeal in R.A. No. 10/2014 came to be filed and the same was also dismissed on the file of the Senior Civil Judge, Honnavar, and nowhere the complainant and his wife are in physical possession of the suit property and just to grab the lands of the petitioners after defeating in civil suit, they filed a complaint by setting up a theory in order to harass the petitioners and to implicate them in the alleged crime. 4. It is further submitted that the petitioners are innocent persons and they hail from respectable families and has high respect in the eye of the society and also having movable and immovable properties and moreover the petitioners are ready to abide by any terms and conditions imposed by this Court while granting bail to them. 4. It is further submitted that the petitioners are innocent persons and they hail from respectable families and has high respect in the eye of the society and also having movable and immovable properties and moreover the petitioners are ready to abide by any terms and conditions imposed by this Court while granting bail to them. Therefore, learned Counsel for the petitioners praying for anticipatory bail by considering the grounds as urged in the petition. 5. Per contra, learned HCGP for the respondent-State submitted that there are materials against the petitioners/accused in committing the offences punishable under Sections 380 and 454 of IPC, wherein that the GI sheets have been theft by the persons being the petitioners/accused, the same is reflected in the FIR said to have registered by the Police in Crime No. 107/2018. Further, the learned HCGP submitted that the case is under investigation and also the statement of witnesses has to be recorded and the evidence has to be collected by the Investigating Officer relating to the aforesaid offences. Therefore, the learned HCGP contended that the petitioners/accused do not deserve for bail and hence he prayed that the petition filed by them be rejected. 6. Having regard to the averments made in the complaint as well as the materials secured by the Investigating Officer are concerned, it is said that the petitioners are the permanent residents of Katgar, Shirali Village, Bhatkal Taluk, Uttara Kannada District and the petitioner No. 1 is working as a priest and also doing agriculture. Petitioner No. 2 is a widow and petitioner No. 3 is an agriculturist. All the petitioners are said to be accused in the aforesaid crime and they belong to the respectable family, they have movable and immovable properties and if these petitioners are supposed to kept in custody, their families will be ruined, as they are the bread winner of their family. However, the case in Crime No. 107/2018 and the case in Crime No. 108/2018 both the case are under investigation and yet to be investigated by the Investigating Officer. Therefore, at this stage, it is not required for any detail discussion while considering the bail petition filed by the petitioners/accused, as there are substances in the contention of the learned Counsel for the petitioners. Therefore, at this stage, it is not required for any detail discussion while considering the bail petition filed by the petitioners/accused, as there are substances in the contention of the learned Counsel for the petitioners. Therefore, for the aforesaid reasons as well as under the circumstances of the case, I am of the considered opinion that the petitioners/accused deserve for bail. Hence, I proceed to pass the following: ORDER The petition filed by the petitioners under Section 438 of Cr.P.C. is allowed, subject to the following conditions: (1) The petitioners shall appear before the Investigating Officer in Crime No. 107/2018 of Murdeshwara P.S. within a period of 20 days from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs. 1,00,000/- leach with a like sum surety to the satisfaction of him, in the event of their arrest. (2) The petitioners shall co-operate with Investigating Officer during the course of investigation. (3) The petitioners shall not indulge with any other criminal activities henceforth. (4) The petitioners shall not tamper or hamper the case of prosecution witnesses. (5) The petitioners shall mark their attendance once in fortnight as per the English monthly calendar in between 10.00 a.m. and 5.00 p.m. for a period of three months before the concerned SHO. (6) If the petitioners violate any of the conditions, the bail order shall automatically stand ceased.