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2019 Supreme(Kar) 1830

H.T.NARENDRA PRASAD
Guru @ Gururaj S/o Ravasab Madivalar – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. Vitthal S. Teli.
For the Respondent: Smt. Seema Shiva Naik.

JUDGMENT :

H.T. NARENDRA PRASAD, J.

1. This petition is filed under Section 438 of Cr.P.C. by the petitioners-accused Nos. 1 and 2 seeking bail in the event of their arrest in Crime No. 239/2018 of Kagwad Police Station relating to C.C. No. 795/2019 pending on the file of the Addl. Civil Judge and JMFC Court, Athani, for the offences punishable under Sections 447 read with Section 34 of IPC.

2. The brief facts of the case are that one Ashok Tavanappa Aski serving as Assistant Executive Engineer in Rural Drinking Water and Sanitation, Sub-Division, Athani is the complainant. It is stated in the complaint that in 2008 jack well has been constructed on the bank of Krishna river within the limits of Ainapur and water being supplied to 30 villages. On 18.11.2018 at about 9:30 a.m. the official in-charge of said jackwell i.e. Mahesh Tammanna Jadhav and Manjunath Sadashiv Madiwal intimated that the petitioners herein along with accused No. 3 and other 10-12 persons of Ainapur village trespassed into the area where jackwell is situated and locked the room where T.C. D-well and jackwell and thereby caused obstruction in public work. Hence, complaint was lodged by the complainant. Thereupon the

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