IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.2269/2019 BETWEEN ARUN NAIKA S/O BHARMAPPA NAIKA AGED ABOUT 27 YEARS OCC: AGRICULTURIST R/O SIRIGERE VILLAGE SHIVAMOGGA TALUK AND DIST - 577 201 ... PETITIONER (BY SRI. P. B. UMESH, ADV. FOR SRI. R. B. DESHPANDE, ADV.) AND THE STATE OF KARNATAKA BY KUMSI POLICE STATION SHIVAMOGGA RURAL CIRCLE SHIVAMOGGA DISTRICT 577 423 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU 560 001. ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.51/2019 OF KUMSI POLICE STATION, SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 447, 504, 323, 324, 307, 354, 506 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. The respondent-Police have registered a case in Crime No.51/2019 of Kumsi Police Station, for the offence punishable under Sections 447, 504, 323, 324, 341, 307, 354, 506 read with 34 of IPC.
3. The record discloses that the complainant by name Smt. Uma Bai, has lodged a complaint stating that after the death of her husband, she has been residing in her father’s house since three months. It Is alleged that about 9 months prior to the date of incident, when her husband was alive, had grown ginger in 15 guntas of land by taking the land on mortgage. On that particular day she went to the said land situated at Sirigere village near Chittihal kere, along with her father and others while removing the ginger from the land, the accused persons abused and objected for the same. In that context, it is alleged that A1 Devendra Naik abused all of them in a filthy language and assaulted the father of the complainant and also throw chilly power on the face of the father and brother of the complainant. Also, A1 and and A2 have taken Talwar and assaulted the father of the complainant and also assaulted on the head of the father of the complainant Mamya Naik and Ganesh Naik and they sustained bleeding injuries and they were taken to Meggan Hospital at Shimogga. On these allegations, the police have started investigation.
4. On perusal of the complaint averments, there are allegations with reference to the over act of the accused persons. The investigation is going on and it is yet to be completed.
5. The learned counsel for the petitioner contended that there is a counter case filed by accused No.3 Paramesh Naik registered in Crime No.52/2019 for the offence punishable under Sections 323, 324 and 506 of IPC. Therefore, there is a case and counter case. On perusal of the entire materials on record, when the Investigation is still in progress and when it is specifically alleged that the accused persons were holding deadly weapons and the injured persons have sustained bleeding injuries, custodial investigation is absolutely necessary in this case. Therefore, in my opinion, the petitioner is not entitled to be enlarged on bail particularly on anticipatory bail. Hence, the petition deserves to be rejected.
Accordingly, the Petition is rejected. However, if the petitioner files any bail petition for grant of regular bail either u/s.437 or 439 of Cr.PC., the same has to be considered by the appropriate court as expeditiously as possible.
Sd/- JUDGE PL*