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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 23^RD DAY OF MARCH 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.100459/2021

BETWEEN:

1.

ERAPPA

S/O LATE THIMMAPPA,

AGE: 49 YEARS,

2.

UMMANNA

S/O JAYAPRAKASH,

AGE: 42 YEARS,

3.

GOVINDAPPA

S/O GURUSWAMY,

AGE: 40 YEARS,

4.

URUKUNDAPPA

S/O LATE THIMMAPPA,

AGE: 39 YEARS,

5.

MOHAN KUMAR

S/O B. ERAPPA,

AGE: 25 YEARS,

6.

YERRISWAMY

S/O B. ERAPPA,

AGE: 23 YEARS,

7.

NEELAMMA

W/O B.ERAPPA,

AGE: 45 YEARS,

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8.

RATHNAMMA

W/O URUKUNDAPPA,

AGE: 34 YEARS,

ALL ARE AGRICULTURISTS,

R/O: MOKA VILLAGE,

TQ. AND DIST :BALLARI.

...PETITIONERS

(BY SRI:J. BASAVARAJ, ADV.)

AND:

THE STATE OF KARNATAKA,

(THROUGH MOKA POLICE STATION)

REP.BY IT STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

BENCH AT DHARWAD.

&..RESPONDENT

(BY SRI:RAMESH B. CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

438 OF CR.P.C., SEEKING TO ALLOW THE PETITION BY

GRANTING

ANTICIPATORY

BAIL

AND

DIRECT

THE

RESPONDENT POLICE TO ENLARGE PETITIONER NOS.1 TO

8/ACCUSED NOS.1 TO 8 ON BAIL IN THE EVENT OF THEIR

ARREST

IN

CRIME

NO.9/2021

REGISTERED

FOR

THE

OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148,

323, 324, 354-B, 504, 506(ii) READ WITH SECTION 149 OF

IPC REGISTERED BY MOKA POLICE STATION, TQ AND

DISTRICT: BALLARI, PENDING INVESTIGATION AND TRIAL OF

THE CASE.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

PASSED

THE

FOLLOWING:

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ORDER

The petitioners-accused Nos.1 to 8 are before this Court

seeking grant of anticipatory bail in Crime No.9/2021 of Moka

Police Station, initially registered for the offences punishable

under Sections 143, 147, 148, 323, 324, 354-B, 504, 506(ii)

read with Section 149 of the Indian Penal Code (hereinafter

referred to as the 'IPC' for the sake of brevity), on the basis of

the first information lodged by the informant-Jayamma

Majjige.

2.

Brief facts of the case are that, the informant

lodged the first information on 09.02.2021 stating that on

07.01.2021 at about 4.00 p.m., while she along with her

sister-in-law-Bhagyamma

and

her

sister-Parvathi

were

working in the land belonging to them situated at Moka

Village, accused No.1 criminally trespassed into the land,

started abusing the informant and others in filthy language.

When the informant questioned his high handed acts,

suddenly accused No.1, who is the uncle of informant went

away from the scene of occurrence with an intention to gather

other persons. Thereafter, he came along with accused Nos.2

to 8, forming themselves into an unlawful assembly, armed

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with deadly weapons like sickle, club and iron rod. The

accused pulled the informant with an intention to outrage her

modesty and torn her nighty, broken her bangles and also

assaulted her with club, iron rod and sickle. Accused No.1

threatened the informant to take away her life. The informant

fell down due to the high handed acts. Accused-Neelamma

and Ratnamma were instigating other accused to commit the

offences. Immediately, the neighboring persons came to the

spot. The accused criminally intimidated the informant to

finish her by assaulting her and went away from the scene of

occurrence. They also threatened to finish all the family

members of the informant. The injured was taken to her

house. Witness stated that on 08.01.2021, she was taken to

the hospital and thereafter she took rest in the house. Since

her brother and mother were not in the village, she discussed

about the incident with her mother and brother and lodged

the first information, requesting the police to register the case

and to initiate legal action against the accused for the above

said offences. Accordingly, the police registered the case

against the accused and took up investigation.

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3.

Heard Sri.J. Basavaraj, learned Counsel for the

petitioners and Sri.Ramesh B. Chigari, learned High Co