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IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 26 TH DAY OF JULY, 2018

BEFORE

THE HON’BLE MR.JUSTICE K.SOMASHEKAR

CRIMINAL PETITION NO.101076/2018

BETWEEN

1. JANARDHAN S/O. MAHADEV NAIK AGED ABOUT 28 YEARS, OCC:AUTO DRIVER R/O. INDIGE MANE, GUMMANA HAKKAL , TQ:,DIST:UTTARA

2. NAGARAJ @ RAJU @ RAVI S/O. JATTA NAIK AGED ABOUT 32 YEARS, OCC:SILPY WORK R/O. KELAGINA MANE, THERNAMAKKI , TQ:BHATKAL, DIST:.

3. VENKATESH @ GANESH S/O. MANJUNATH NAIK AGED ABOUT 20 YEARS, OCC:SILPY WORK R/O. GUDIHITLU, SHIRALI TQ:BHATKAL, DIST:UTTARA KANNADA

4. KUMAR S/O. MASTAPPA NAIK AGED ABOUT 24 YEARS, OCC:WELDER R/O THERNAMAKKI, CHURCH CROSS, TQ:BHATKAL,DIST:UTTARA KANNADA

5. RAMA S/O. MAHADEV NAIK AGED ABOUT 29 YEARS, OCC:COOLIE R/O. BIDRAMANE, BASTI KAIKINI MURDESHWAR, TQ:BHATKAL DIST:UTTARA KANNADA

6. BHASKAR S/O. KORGA MOGER AGED ABOUT 31 YEARS OCC:FISHERMAN R/O. THENGINA GUNDI,, TQ:BHATKAL, DIST:UTTARA KANNADA

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7. MAHESH S/O SUKRA NAIK AGED ABOUT 24 YEARS, OCC:COOLIE R/O. SONARKERI, MURDESHWAR -1, TQ:BHATKAL DIST:UTTARA KANNADA

8. MANJUNATH S/O. KRISHNA NAIK AGED ABOUT 28YEARS, OCC:SILPY WORK R/O SONARKERI, MURDESHWAR MAVALLI-1, TQ:BHATKAL DIST:UTTARA KANNADA

9. ANNAPPA S/O. SUKRA NAIK AGED ABOUT 21 YEARS, OCC:SILPY WORK R/O. SONARKERI, MURDESHWAR MAVALLI-1, TQ:BHATKAL DIST:UTTARA KANNADA.

10. SHABRISH S/O. KRISHNA NAIK AGED ABOUT 26 YEARS, OCC:CONTRACTOR R/O. DEVIKHAN,KAIKINI TQ:BHATKAL, DIST:UTTARA KANNADA

11. GIRISH S/O. MAHADEV NAIK AGED ABOUT 25 YEARS, OCC:HOTEL WORK R/O. BIDRAMANE, KAIKINI TQ:BHATKAL, DIST:UTTARA KANNADA

... PETITIONERS (BY SRI.D J NAIK, ADVOCATE)

AND

THE STATE OF KARNATAKA THROUGH MURDESWAR POLICE STATION REP. BY ADDL.SPP HIGH COURT OF KARNATAKA DHARWAD ... RESPONDENT (BY SRI.PRAVEEN K. UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., SEEKING TO GRANT/ENLARGE THE PETITIONERS ON BAIL IN CRL. MISC.NO. 259/2018 DATED 13.06.2018 ON

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THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE COURT, U.K. , KANNADA (CRIME NO. 103/2018) OFFENCE UNDER SECTIONS 341, 323, 324, 395, 427 OF IPC AND SECTION 2(B) OF THE K.P.D.P.L. ACT, 1981 IN MURDESHWAR POLICE STATION, IN SO FAR AS PETITIONERS ARE CONCERNED.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This criminal petition is filed by the petitioners under Section 439 of the Code of Criminal Procedure in connection with Murudeshwar P.S. in Crime

No.103/2018 for offences punishable under Sections

341,323,324,395,427 of IPC, 2(B) of the K.P.D.P.L,

Act 1981. From 21.05.2018 the petitioners are in judicial custody. Therefore, the learned counsel for the petitioners is praying for enlargement of the petitioners on regular bail.

2. Heard the learned counsel for the petitioners and the learned HCGP for the respondent –

State.

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3. The brief facts of the prosecution case are that on 20.05.2018 at about 8-45 p.m. the accused attacked the complainant one Bladev and Samatbai when they were transporting the cows and calves from Gujarat to Kerala and also alleged that accused persons assaulted with hands and stones and stolen cash of Rs.13,800/-, silver kadga-1, Tarpai-1 and ropes and also went away with 14 Numbers of Cows and calves and also alleged that accused pelted stone on lorry, in all 50-60 persons were gathered and made to stop the lorries and assaulted; and they requested they are also Hindu and they are transporting the animals to Kerala diary farm, the accused not considered their request and also police present at that spot also try to convince the mob they are not convinced. The provoked mob assaulted them and also alleged that the accused taken away amount of

Rs.7,300/- and 1 Kadga, two wooden planks and 7 cows and calves are freed on the road. Thus,

: 5 : complaint came to registered for the offences punishable under Sections 341,323,324,395,427 of

IPC and Section 2(B) of the K.P.D.P.L. Act, 1981.

Accordingly, on filing of the complaint, a case came to be registered for the alleged offences and the FIR was recorded by the Police.

4. The learned counsel for the petitioners during the course of his arguments has taken through the complaint filed by the complainant, the FIR recorded by the Murudeswar Police in Crime

No.103/2018, wherein the Investigating Officer recorded the statement of witnesses and conducted the mahazar in the presence of the panch witnesses.

It is further contended that the petitioners are innocent persons and they have not at all committed the alleged offences and despite of it, the crime came to be registered by the respondent – Police against the petitioners just to give harassment to them and there are no direct overt acts attributed against the

: 6 : petitioners for the alleged offences. However, the petitioners are in judicial custody since form

21.05.2018. It is further contended that the petitioners are ready to abide by any terms and conditions imposed by this Court, while granting bail to them. Therefore, the learned counsel for the petitioners praying to enlarge the petitioners on bail.

5. Per contra, the learned HCGP for the respondent – State contended that on the basis of the complaint filed by the complainant, a case came to be registered in Crime No.103/2018 for the aforesaid alleged offences. Therefore, it appears that there are prima facie materials against the accused and accordingly, the learned HCGP prayed to reject the bail petition, as the petitioners do not deserve for the bail as sought for.

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6. Having regard to the contentions taken by the learned counsel for the petitioner as well as the learned HCGP for the respondent – State and having gone through the materials, that is the complaint, as well as the materials reflected in the FIR and also the materials collected by the Investigating Officer, it reveals that on 20.05.2018 at about 8-45 p.m. the accused attacked the complainant-Bhaladev Chavada and Samat Bhai when they were transporting the cows and calves from Gujarat to Kerala and also alleged that accused persons assaulted with hands and stones and stolen cash of Rs.13,800/-, silver kadga-1,

Tarpai-1 and ropes and also went away with 14

Numbers of Cows and calves and accused pelted stone on lorry. In all 50-60 persons were gathered and made to stop the lorries and assaulted and they requested they are also Hindu, they are transporting the animals to Kerala dairy farm, the accused not considered their request and also police present at

: 8 : that spot also try to convince the mob, but they are not convinced. The provoked mob assaulted them and also alleged that the accused taken away amount of

Rs.7,300/- and 1 Kadga, two wooden planks and 7 cows and calves are freed on the road. However, it is necessary at this stage that though enough materials have been collected by the Investigating Officer during the course of Investigation for the alleged offences against the petitioners and the same is enough for proceeding with the case for framing of charge against the accused, but it cannot be said that there are enough materials to decline the relief of bail, merely because of the allegations made against the petitioners.

7. Therefore, keeping in view the submission made by learned counsel for the petitioners, at this stage, it is said that it does not require for any detailed discussion, while considering the bail petition

: 9 : filed by the petitioners, as there are substances in the contention of the learned counsel for the petitioners seeking for the relief of bail. Whereas, the learned

HCGP submits that if the petitioners are supposed to be released on bail, certainly they would come in the way of prosecution case and would destroy the evidence. As this apprehension expressed by the learned HCGP, could be curtailed by imposing certain suitable conditions to safeguard the interest of the prosecution. Therefore, for the aforesaid reasons as well as under the circumstances of the case, I am of the considered opinion that the petitioners are deserving for bail. Accordingly, I proceed to pass the following:

ORDER

The bail petition filed by the petitioners under

Section 439 of the Code of Criminal Procedure is hereby allowed, subject to the following conditions:

(1) The petitioners shall execute a bond in a sum of Rs.1,00,000/- each with

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like sum surety to the satisfaction of the concerned Magistrate where the case in Cr.No.103/2018 of Murdeshwar P.S. is pending.

(2) The petitioners shall not tamper or hamper the case of prosecution witnesses.

(3) The petitioners shall mark their attendance once in a month i.e., on first week of Sunday, 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.

(4) The petitioners shall not indulge with any other criminal activities henceforth.

If the petitioners violate any of the above conditions, the bail order shall automatically stands ceased.

Sd/- JUDGE VB