Crl.P.No.200192/2021

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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 10^TH DAY OF FEBRUARY, 2021

BEFORE

THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY

CRIMINAL PETITION NO.200192/2021

BETWEEN:

Ramesh S/o Shankereppa Chiklinge,

Age : 62 years, Occ : Pensioner,

R/o Village Wadgaon,

Tq : Aurad (B), Dist : Bidar

Now residing at

near Ram Mandir, Bidar

… Petitioner

(By Sri Sanjay A.Patil, Advocate)

AND:

The State of Karnataka

Through Police, Janwada Police Station,

Bidar Rural Circle, Tq. and Dist : Bidar,

Represented by Addl. SPP.,

High Court of Karnataka,

Kalaburagi Bench.

… Respondent

(By Sri Mallikarjun Sahukar, HCGP)

This Criminal Petition is filed under Section 438 of

Cr.P.C praying to allow the petition, thereby directing the

respondent police/Janwada Police Station, Bidar Circle,

Crl.P.No.200192/2021

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Dist : Bidar to enlarge the petitioner on bail in the event of

his arrest in connection with Crime No.3/2021 registered

for the offences punishable under Sections 114, 144, 143,

147, 148, 302 read with Section 149 of IPC as per FIR

pending before the I Addl. JMFC Court, Bidar.

This petition coming on for Orders this day, the

Court made the following:

O R D E R

Petitioner is accused No.5 in Crime No.3/2012

registered by the Janwada Police, Bidar Rural Circle for

the offences punishable under Sections 114, 144, 143,

147, 148 and 302 read with Section 149 of IPC.

2.

Brief facts of the case are that complainant

Ravikumar is the ADLR of Tahasil Office, Bidar. He was

appointed as a Court Commissioner for the purpose of

surveying the land bearing Sy.No.83 and 84 of Honnikere

village, in a dispute between the Kamalabai W/o Malshetty

and

the

accused

persons

herein.

On

04.01.2021,

complainant had gone to the land which he was required

to survey at about 12.30 pm along with the staff. The

accused persons and the deceased Kamalabai were

Crl.P.No.200192/2021

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present near the property. The accused persons were

quarreling with Kamalabai. After sometime, Sharanappa

Shetkar and his family members who are accused No.2 to

4 along with accused No.5 allegedly abused Kamalabai

and when the other accuser persons caught hold of her

accused No.1-Nagashetty allegedly assaulted Kamalabai

with a sickle on her head and as a result she succumbed

to the injury on the spot. The complainant as well as his

staff, are the eyewitnesses to the incident. Immediately

there afterwards the complainant has lodged a complaint

based on which an FIR in Crime No.3/2012 was registered

by the Police. Apprehending arrest in the said case, the

petitioner had filed an application under Section 438 of

Cr.P.C before the court of the Principal District and

Sessions Judge, Bidar in Crl.Misc.No.17/2021.

3.

Learned counsel for the petitioner submits that

petitioner is aged person and he is a retired employee, he

was not even present during the incident, but he has been

falsely implicated in the case. He also submits that there

Crl.P.No.200192/2021

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cannot be any motive for the accused persons to commit

the offence as the decree in the suit in respect of the

property which were to be surveyed on 04.01.2021 was a

compromise decree. He submits that the complainant is

stranger and he does not know the name of the accused

persons but he has given the details of the accused and

also the names which appears to be tutored and therefore

he prays to grant anticipatory bail to the petitioner.

4.

Per contra, learned High Court Government

Pleader

opposes

the

petition

contending

that

the

petitioner's name is found in the compliant and the

complainant is a Government Officer and he has no

motive to falsely implicate the petitioner. In addition to the

complainant, there are other eyewitnesses who are also

Government

Employees

who

accompanied

the

complainant. Complainant has stated that he knew the

names of these persons and therefore at this stage

petitioner is not