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NC: 2023:KHC:24934
CRL.P No. 4846 of 2023
C/W CRL.P No. 4840 of 2023
CRL.P No. 5205 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 4846 OF 2023
C/W
CRIMINAL PETITION NO. 4840 OF 2023
CRIMINAL PETITION NO. 5205 OF 2023
IN CRL.P.NO.4846/2023
BETWEEN:
1.
LINGAPPA @ LINGASWAMY
S/O LATE DODDAVENKATAPPA
AGED ABOUT 61 YEARS,
RETIRED BMTC EMPLOYEE,
R/AT VADERAHALLI VILLAGE,
KENGERI HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU RURAL DISTRICT-560 062.
ALSO AT
R/AT #89, KANAKAPURA MAIN ROAD,
VADERAHALLI, TATAGUNI POST,
THALAGHATTAPURA,
BENGALURU - 560 062.
…PETITIONER
(BY SRI. MANJUNATH M R., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
BY KAGGALIPURA POLICE STATION
REP BY STATE PUBLIC PROSECUTOR,
Digitally
signed by
SUMITHRA
R
Location:
High Court
of Karnataka
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NC: 2023:KHC:24934
CRL.P No. 4846 of 2023
C/W CRL.P No. 4840 of 2023
CRL.P No. 5205 of 2023
HIGH COURT BUILDING
BENGALURU - 560 001.
…RESPONDENT
(BY SRI. B.A.BELLIAPPA, SPP-I A/W SRI.H.S.SHANKAR, HCGP)
THIS CRL.P FILED U/S 439 Cr.P.C. PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.177/2023 OF
KAGGALIPURA
POLICE
BENGALURU
RURAL
DISTRICT,
(RAMANAGARA DISTRICT), FOR THE OFFENCE P/U/S 143, 147,
148, 447, 342, 323, 324, 354, 427, 435, 327, 307 AND 506
R/W 149 OF IPC, PENDING ON THE FILE OF 2ND ADDL. CJM
AND JMFC COURT, BENGALURU RURAL DISTRICT, BENGALURU.
IN CRL.P.NO.4840/2023
BETWEEN:
1.
SATHISH V G
S/O GANGARAJU,
AGED ABOUT 36 YEARS,
NO.105, VADERAHALLI,
THATAGUNI POST,
KANAKAPURA MAIN ROAD,
BENGALURU SOUTH,
BENGALURU-560 082.
2.
SATHYANANDA
S/O LATE RAMAIAH,
AGED ABOUT 44 YEARS,
NO.103, VADERAHALLI,
THATAGUNI POST,
KANAKAPURA MAIN ROAD,
BENGALURU SOUTH,
BENGALURU-560 082.
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NC: 2023:KHC:24934
CRL.P No. 4846 of 2023
C/W CRL.P No. 4840 of 2023
CRL.P No. 5205 of 2023
3.
JYOTHISH KUMAR V
S/O V.VENKATRAJU
AGED ABOUT 38 YEARS,
NO.105, VADERAHALLI,
THATAGUNI POST,
KANAKAPURA MAIN ROAD,
BENGALURU SOUTH,
BENGALURU-560 082.
…PETITIONERS
(BY SRI. SHIVARAMU H C., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
KAGGALIPURA POLICE STATION,
REPRESENTED BY HCGP,
HIGH COURT OF KARNATAKA
HIGH COURT OF KARNATAKA BUILDING,
BANGALORE-560 001.
…RESPONDENT
(BY SRI. B.A. BELLIAPPA, SPP-I A/W SRI. H.S. SHANKAR, HCGP
SRI. P.PRASANNA KUMAR ADV., FOR SRI. ROHITH GOWDA
B.J., ADV., FOR APPLICANT IN I.A.NO.1/23)
THIS CRL.P IS FILED U/S 438 CR.P.C. PRAYING TO
GRANT ANTICIPATORY BAIL TO THE PETITIONERS NO.1,2,3
I.E., ACCUSED NO.3, 4 AND 5 DIRECTING THE RESPONDENT
POLICE TO RELEASE THEM ON BAIL IN CRIME NO.177/2023
PENDING BEFORE THE LEARNED II ADDL. CHIEF JUDICIAL
MAGISTRATE COURT, BENGALURU RURAL, BENGALURU FOR
THE ALLEGED OFFENCES P/U/S 143, 147, 148, 342, 323, 324,
354, 427, 435, 327, 506, 307 R/W 149 OF IPC, IN THE EVENT
OF THEIR AREST BY THE RESPONDENT-KAGGALIPURA POLICE.
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NC: 2023:KHC:24934
CRL.P No. 4846 of 2023
C/W CRL.P No. 4840 of 2023
CRL.P No. 5205 of 2023
IN CRL.P.NO.5205/2023
BETWEEN:
1.
MR. CHINNASWAMY
S/O GURUVA BHOVI,
AGED ABOUT 45 YEARS,
R/AT NO.71, VADERAHALLI,
KANAKAPURA MAIN ROAD,
THATHAGUNI POST,
BANGALORE-560 082.
2.
MR. DANAPPA
S/O RAMAIAH,
AGED ABOUT 44 YEARS,
R/AT NO.73, VADERAHALLI,
KANAKAPURA MAIN ROAD,
THATHAGUNI POST,
BANGALORE-560 082.
3.
MR. JAYARAM C
S/O CHINNAKARIYAPPA,
AGED ABOUT 55 YEARS,
R/AT NO.49, VADERAHALLI,
KANAKAPURA MAIN ROAD,
THATHAGUNI POST,
BANGALORE-560 082.
4.
MR. NANJUNDAPPA
S/O CHINNAVENKATA BHOVI,
AGED ABOUT 58 YEARS,
R/AT NO.61, VADERAHALLI,
KANAKAPURA MAIN ROAD,
THATHAGUNI POST,
BANGALORE-560 082.
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NC: 2023:KHC:24934
CRL.P No. 4846 of 2023
C/W CRL.P No. 4840 of 2023
CRL.P No. 5205 of 2023
5.
MR. NAGARAJU
S/O PEDDAIAH,
AGED ABOUT 53 YEARS,
R/AT NO.132, OLD NO.85,
VADERAHALLI,
KANAKAPURA MAIN ROAD,
THATHAGUNI POST,
BANGALORE-560 082.
6.
MR. LOKESHAIAH V
S/O VAJRAMUNI,
AGED ABOUT 24 YEARS,
R/AT NO.93/4, VADERAHALLI,
KANAKAPURA MAIN ROAD,
THATHAGUNI POST,
BANGALORE-560 082.
7.
MR. THIMMAPPA @ THIMMAIAH
S/O CHINNAIAH,
AGED ABOUT 49 YEARS,
R/AT NO.83, VADERAHALLI,
KANAKAPURA MAIN ROAD,
THATHAGUNI POST,
BANGALORE-560 082.
…PETITIONERS
(BY SRI. UMESHA N., ADVOCATE FOR
SRI.YADUNANDAN. S., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
BY SHO, KAGGALIPURA PS,
BANGALORE-560 062
REPRESENTED BY GOVT. PLEADER,
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NC: 2023:KHC:24934
CRL.P No. 4846 of 2023
C/W CRL.P No. 4840 of 2023
CRL.P No. 5205 of 2023
HIGH COURT BUILDING,
BANGALORE-560 001.
…RESPONDENT
(BY SRI. B.A. BELLIAPPA, SPP-I A/W SRI. H.S. SHANKAR, HCGP
FOR
R1;
SRI.
P.PRASANNA
KUMAR,
ADVOCATE
FOR
SRI. ROHITH GOWDA B.J., APPLICANT IN I.A.NO.1/2023)
THIS CRL.P IS FILED U/S 438 CR.P.C. PRAYING TO
GRANT THE ANTICIPATORY BAIL DIRECTING THE RESPONDENT
POLICE TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT
OF THEIR ARREST IN CRIME NO.177/2023 FOR ALLEGED
OFFENCES UNDER SECTIONS 143, 147, 148, 447, 342, 323,
324, 354, 427, 435, 327, 506, 307 R/W 149 OF IPC,
REGISTERED BY THE RESPONDENT/KAGGALIPURA POLICE,
BANGALORE, NOW PENDING ON THE FILE OF THE II ACJM
COURT BANGALORE.
THESE PETITIONS ARE COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
These
three
petitions
preferred
by
respective
petitioners arise out of Cr.No.177/2023 registered at
Kaggalipura Police Station for offence punishable under
Sections 143, 147, 148, 447, 342, 323, 324, 354, 427,
435, 327, 506 and 307 r/w 149 IPC.
Crl.P.No.4846/2023 is preferred under Section
439 of Cr.P.C. by accused No.6.
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Crl.P.No.4840/2023 is preferred under Section
438 of Cr.P.C. by accused Nos.3, 4 and 5 respectively.
Crl.P.No.5205/2023 is preferred under Section
438 of Cr.P.C. by accused Nos.1, 2, 7 to 11 respectively.
It is submitted by the learned counsel for the
petitioners in Crl.P.No.5205/2023 that accused Nos.7 and
8 are now arrested and therefore, the petition in respect of
the said petitioners does not survive for consideration.
Heard the arguments of the learned counsel for
petitioners in the respective petitions, the learned SPP-I
for respondent-State and the learned counsel for the
defacto complainant, who has filed I.A.No.1/2023 under
Section 301 (2) of Cr.P.C.
The said I.A. filed by the learned counsel is allowed.
The law is set into motion by one Sri Satyendra
Choudhary, Supervisor, Art of Living Centre, Vaderahalli,
Bengaluru. It is alleged in the complaint that at about
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10.30 a.m. on 01.05.2023 about 150 persons trespassed
into the land which was in their possession, holding
chopper, sticks, rod etc., and assaulted the labourers who
were working in the said land and set fire to 8 to 10 two
wheelers, caused damage to 3-4 cars and a bus and also
set fire to the crops etc. It is further alleged that, in the
said incident mobile phones, one laptop, computer and
purses containing thousands of rupees were stolen.
Further, 20-25 women folks were detained in a room till
the police arrived.
8.
The respondent-State has filed statement of
objections contending that the petitioners being the
residents of Voderahalli village have trespassed into the
property bearing Nos.296 and 297, owned by the Art of
Living Ashram and they have assaulted the labourers,
volunteers and office bearers of the Trust and inflicted
grievous injuries to them. It is contended by the learned
SPP that many of the victims have sustained grievous
injuries including head injury and they have been admitted
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to the hospital and treated as in-patients and later
discharged. It is further contended that weapons like iron
rod, sickle, machete have been seized from the spot and a
mahazar has been drawn regarding the damage caused to
number of vehicles. He contends that in the incident, the
accused have caused damage to as many as 24 vehicles
and few two wheelers have been totally burnt. He
contends that about 21 persons have sustained injuries in
the incident.
9.
The learned SPP has further contended that the
investigation is still pending and recoveries are yet to be
made. Hence, considering the nature of injuries caused
and the magnitude of the damage done, the petitioners
are not entitled for anticipatory bail. It is also contended
that the accused are involved in criminal cases in
Cr.Nos.241/2022, 296/2021 and 202/2012. He contends
that if any relief as sought in these petitions are granted,
then there is every possibility of petitioners taking undue
advantage of the liberty granted to them and tamper with
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the evidence and cause obstructions to the proper course
of the investigation of the case.
10. The learned counsel appearing for the defacto
complainant has filed statement of objections. He has
contended that the petitioners have taken law into their
hands and have committed heinous offence by assaulting
the labourers, volunteers and officials of Art of Living
Ashram. It is his contention that the petitioners are the
land owners of the property bearing Sy.No.137 situated
at B.M.Kaval village, Kengeri Hobli and they have executed
agreements with the Trust undertaking to execute the sale
deed in their favour. The said undertaking has initially
taken shape in the year 2003 and sale
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