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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 22^ND DAY OF SEPTEMBER, 2021

BEFORE

THE HON9BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO.101646/2021

Between

Mugutsab Allabaksh Jamadar,

Age:35 years, Occupation:Business

And Social worker,

R/o Mujawar on, M.K.Hubli, Belagavi.

...Petitioner

(By Sri.R.D.Jadhava, Advocate)

And

The State of Karnataka

By Kittur Police Station,

Kittur, Dist:Belagavi,

Represented by State Public

Prosecutor, High Court of Karnataka,

Dharwad Bench.

&Respondent

(By Sri.Ramesh.B.Chigari, HCGP)

This Criminal Petition is filed u/s 438 of Cr.P.C., seeking

to any order or direction to set-aside the order passed by the

Principal District and Sessions Judge, Belagavi at Belagavi in

Criminal Miscellaneous Case No.865/2021 dated 13.08.2021, be

passed and the petitioner hereto be released on bail.

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This petition coming on for Orders this day, the Court

made the following:

ORDER

The petitioner has filed this petition under

Section 438 of Cr.P.C., seeking anticipatory bail in the

event of his arrest in Crime No.117/2021 of Kittur

Police Station, Belagavi, registered for the offences

punishable under Sections 143, 147, 323, 324, 302,

504 read with Section 149 of IPC.

2.

The brief factual matrix leading to the case

is that the complainant by name Umesh is working as

Manager in Panchavati Dhaba of M.K.Hubli, owned by

deceased Prakash. It is alleged that on 11.07.2021 at

3.00 p.m., deceased was in his Dhaba and at that

time one Manjunath Shintri came to Dhaba saying

that accused No1 is due to pay him sum of Rs.1,500/-

towards sale of flowers and he had asked him to come

to Panchavati Dhaba to receive the amount, then

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accused No.1 came there and both deceased and

Manjunath asked him for payment and then accused

started raising his voice. The deceased advised him

not to raise his voice as he is a debtor, however, then

the accused left the spot in anger. It is further alleged

that at 5.20 p.m., when the complainant and

deceased Prakash and others were in the veg kitchen

the accused No.1 along with accused No.2 to 8 came

there in motor cycles and cars and they entered the

kitchen, picked up quarrel with complainant and

deceased and abused them in filthy language. It is

further alleged that accused No.1 assaulted by means

of tea kettle, while accused No.2 assaulted by means

of steel jug on the face of the deceased. Other

accused indiscriminately assaulted by hands and

kicked him, as a result he suffered fatal blows.

Immediately the complainant and others rescued the

deceased and they took him towards the cash counter

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and then he was shifted to hospital and he was

declared brought dead in the District Hospital. During

the course of investigation some of the accused were

arrested and 164 of Cr.P.C. statement of witnesses

were recorded wherein the name of the present

petitioner is also disclosed by the witnesses and

hence, apprehending his arrest, he has approached

district Court and the Principle District and Sessions

Judge by his order dated 13.08.2021 rejected the bail

petition. Hence, the petitioner claims that he is

constrained to approach this Court.

3.

Learned HCGP has appeared and filed his

statement of objections along with copies of 164 of

Cr.P.C. statement and other documents.

4.

Heard the arguments advanced by the

learned counsel for the petitioner and the learned

HCGP for respondent-State and perused the records.

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5.

Learned

counsel

appearing

for

the

petitioner would contend that there is no specific

allegation against the petitioner and his name does

not find place in the complaint. He would also contend

that first time in 164 of Cr.P.C. statement recorded

after 15 days his name is incorporated only with

political vengeance and he is no way concerned and

he is reputed person doing social work and as such he

would seek for admitting him on anticipatory bail. He

wo