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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 04^TH DAY OF JUNE 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101002 OF 2021

BETWEEN

SANTHOSH S/O HULIGEPPA VADDAR @ DAPYA

AGED ABOUT 26 YEARS, OCC. COOLIE,

R/O. BASAVESHAWAR NAGAR,

NAVALGUND, DIST. DHARWAD

...PETITIONER

(BY SRI.C.S.PATIL, ADV. FOR

SRI.B.D NARASAGOND, ADV.)

AND

THE STATE OF KARNATAKA

THROUGH PSI NAVALGUND POLICE STATION,

BY ITS STATE PUBLIC PROSECUTOR,

HIGH COURT OF KARNATAKA BENCH,

DHARWAD.

…RESPONDENT

(BY SRI.PRAVEEN K.UPPAR, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C., SEEKING TO ENLARGE THE PETITIONER /

ACCUSED ON REGULAR BAIL IN NAVALGUND P.S.

CRIME NO.162/2019 NAVALGUND POLICE STATION

DISTRICT, DHARWAD, WHICH IS PENDING BEFORE IV

ADDL. DISTRICT AND SESSION JUDGE AT DHARWAD

IN S.C.NO.60/2020 FOR THE OFFENCE PUNISHABLE

UNDER SECTION 302, 353, 332, 506 OF INDIAN PENAL

CODE.

THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

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ORDER

This petition is filed by the petitioner/accused

under Section 439 of The Code of Criminal Procedure,

1973 (hereinafter referred to as the ‘Cr.P.C.’, for brevity)

seeking bail in Crime No.162/2019 (now pending in

S.C.No.60/2020 on the file of the IV Addl. District and

Sessions Judge, Dharwad) of Navalgund Police Station,

registered for the offences punishable under Sections

302, 353, 332, 506 of The Indian Penal Code

(hereinafter referred to as the ‘IPC’, for brevity).

2.

It is the case of the prosecution that one

Hanamantappa Joteppa Jadhav, the Head Constable of

Navalgund P.S., has filed a complaint stating that one

Fakrusab was admitted at Navalgund Government

Hospital in male ward for the purpose of treatment. He

was arrested under Crime No.162/2019 for the offence

punishable under Section SC/ST Act under Section

3(2)(v-a), 3(1)(w), 3(1)(s), POCSCO Act under Section 4,

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IPC- under Section 376 AB, and under Section 6 of

Protection of children from Sexual offences Act-2012, as

he had attempted to rape the minor girl by name

Kum.Netra who is daughter in law of the above said

petitioner. The petitioner to take revenge against

Fakkarusab, came to Government Hospital, Navalgund,

with knife with an intention to commit the murder of

Fakkarusab and stabbed with knife. The police staff,

who was on duty tried to prevent him and the petitioner

even assaulted the police staff, the petitioner obstructed

the police and their staff who were on duty. The

complainant police constable has also sustained simple

injury when the petitioner assaulted him. Due to stab

by knife Fakkarusab got injured and he was shifted

from Government Hospital, Navalgund to KIMS Hubballi

for treatment. He succumbed to the injury on

29.12.2019 at KIMS Hubballi. The petitioner who was

arrested on 29.12.2019 has filed bail application in

Crl.Misc.No.294/2020, which came to be rejected by

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order dated 03.07.2020. Thereafter, the petitioner

approached

this

Court

in

Criminal

Petition

No.100968/2020 seeking bail and the same came to be

rejected by order dated 07.09.2020. Thereafter the

petitioner filed Crl.Misc.No.694/2020 seeking bail and

the same came to be rejected by IV Addl. District and

Sessions Judge, Dharwad, by order dated 16.12.2020.

Therefore, the petitioner is before this Court seeking

bail.

3.

Heard the learned counsel appearing for the

petitioner and the learned High Court Government

Pleader for the respondent-State.

4.

It is the contention of the learned counsel

for the petitioner that all the eye-witnesses are official

witnesses and their statements are stereo type and

there is no statement of CWs.5 to 9. The bail petition

filed by the petitioner came to be rejected by the

Sessions Court on the ground that there will be

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communal harmony, if the petitioner is granted bail.

The petitioner is having moth