IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 4^TH DAY OF JANUARY 2021

BEFORE

THE HON’BLE MR.JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.101624/2020

BETWEEN:

YALLAPPA S/O.MALLAPPA MALLIGWAD,

AGE : 40 YEARS, OCC : PRIVATE SERVICE,

R/O.PUDAKALKATTI VILLAGE,

TQ : DIST : DHARWAD-581 206.

...PETITIONER

(BY SRI K.L.PATIL, ADVOCATE)

AND :

THE STATE OF KARNATAKA

THROUGH YALLAPUR POLICE STATION,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA,

DHARWAD BENCH -580 011.

….RESPONDENT

(BY SMT SEEMA SHIVA NAIK, HCGP)

THIS PETITION IS FILED UNDER SECTION 438 OF

CR.P.C. AND PRAYED TO ALLOW THE CRIMINAL PETITION

AND TO ENLARGE THE PETITIONER ON ANTICIPATORY BAIL

IN CONNECTION WITH YELLAPURA P.S.CRIME NO.214/2020

FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 392,

384, 366, 341, 342, 306, 406, 419, 420, 504, 506 AND 120B

READ WITH SECTION 149 OF IPC AND DIRECT THE

YELLAPURA POLICE AUTHORITIES / ADDITIONAL CIVIL

JUDGE AND JMFC COURT, YELLAPURA TO RELEASE THE

PETITIONER/ACCUSED NO.5 ON BAIL IN THE EVENT OF

ARREST.

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THIS PETITION COMING ON FOR ORDERS THROUGH

PHYSICAL HEARING THIS DAY, THE COURT MADE THE

FOLLOWING:

O R D E R

The petitioner/accused No.5 filed this petition under

Section 438 of Cr.P.C. seeking for granting anticipatory

bail in Crime No.214/2020 of Yellapura Police Station for

the offences punishable under Sections 392, 384, 366,

341, 342, 306, 406, 419, 420, 504, 506 and 120B read

with Section 149 of IPC.

2. The case of the petitioner is that, the Yellapura

Police registered a case against the petitioner/accused

No.5 and other accused persons for the above said

offences on the complaint filed on 02.12.2020 by one

Santosh Hegade, who is the brother of deceased-

Manjunath alleging that his brother-Manjunath and his

grandmother-Gangubai were residing at Dharwad just by

to the incident they were residing in the house of

Atmanand of Pudakalagatti village. It is further alleged

that his uncle deceased-Manjunath is having landed

property and other investments in the Bank other than the

life insurance policies. Taking advantage of the physical

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condition of the Manjunath, who is also physically

challenged person, accused No.1 said to have threatened

his uncle in order to grab his property and also extorted

money from the deceased and he came to know through

one-Subramanya Bhat that his uncle deceased-Manjunath

said to be got admitted in Dr.Ramanagoudar Hospital at

Dharwad for treatment and died at 11.00 a.m., but without

intimating to the complainant and his family members, the

accused No.1 along with others said to have buried the

dead body and approached the accused. Then they tried to

contact his grandmother-Gangubai, she has detained in a

room by the accused No.1, she has revealed that the

accused

threatened

and

grabbed

money

from

the

deceased. Thereafter, when lodging of the complaint in the

police station by the complainant, police directed the

accused to produce or keep the presence of Gangubai,

thereafter they took the Gangubai along with them and

then came in conclusion that the accused No.1-Atmanand

misappropriated, grabbed and extorted money from the

deceased-Manjunath. After registering the case, the police

said to have arrested accused Nos.2, 3 and 7-Mahesh and

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also they said to be seized the incriminating evidence from

the accused persons. After registering the case, police

making an attempt to arrest the petitioner, hence he

approached the I Additional District and Sessions Court,

U.K. Karwar sitting at Sirsi for anticipatory bail which came

to be rejected on 18.12.2020 in Cri.Misc.No.5217/2020,

Hence the petitioner is before this Court.

3. Learned counsel Sri.K.L.Patil, appearing for the

petitioner is contended that the petitioner is innocent and

has not committed any offence, he has falsely implicated

in the case. Absolutely there i