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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 14^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101219 OF 2021

BETWEEN

SATISH ALIAS TINKU S/O SHYAM GONA

AGE:35 YEARS, OCC: CAR DRIVER,

R/O MANTUR ROAD,

BEHIND PHILOSEPH CHURCH,

HUBBALI,TQ HUBBALLI,

DIST DHARWAD-580023.

...PETITIONER

(BY SRI.VIDYASHANKAR G DALWAI, ADV.)

AND

THE STATE OF KARNATAKA

ITS P.S.I., HUBBALLI TOWN P.S.,

HUBBALLI,

REPRESENTED BY STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING, DHARWAD.

…RESPONDENT

(BY SRI.RAMESH B.CHIGARI, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF

CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON

REGULAR BAIL IN CRIME NO.55/2021 OF HUBBALLI

TOWN P.S. HUBBAALLI FOR OFFENCEES PUNISHABLE

U/SEC.436 OF IPC, PENDING ON THE FILE OF THE

COURT OF JMFC-1ST COURT, HUBBALLI.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by sole 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.55/2021 of Hubballi Town

Police Station for the offences punishable under

Section 436 of The Indian Penal Code (hereinafter

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

2.

The case of the prosecution is that the

complainant and petitioner/accused are neighbors and

there was a dispute between the petitioner/accused

and his mother. It is further stated that, whenever

there was quarrel, mother of petitioner used to go to

the house of complainant. The petitioner/accused in

order to teach lesson to the person who is giving

shelter to his mother, on 17.05.2021 set fire to the

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house of complainant, when the house was locked and

it caused burning of household articles including two

wheeler vehicle. At that time, the petitioner/accused

threw stones on the house of younger brother of the

complainant in which the complainant was sleeping

and

she

came

out

and

at

that

time

the

petitioner/accused told her that this is the result of

her giving shelter to his mother. The said complaint

came to be registered in Crime No.55/2021 of Hubballi

Town Police Station for the offence punishable under

Section 436 of IPC. The petitioner came to be

arrested

on

17.05.2021.

The

petitioner

filed

Crl.Misc.No.468/2021. Therefore, petitioner is before

this Court seeking bail.

3.

Heard the learned counsel appearing for

the petitioner/accused and the learned High Court

Government Pleader for the respondent-State.

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4.

It is the contention of the learned counsel

for the petitioner/accused that petitioner is innocent,

he has not committed any offence as alleged against

him and he has been falsely implicated in the case.

He further contends that no much loss has been

caused due to the alleged act of setting fire to the

house of the complainant. The petitioner/accused is

in judicial custody since 17.05.2021 and petitioner is

not required for any custodial interrogation. With this,

he prayed for allowing the petition.

5.

Per contra, learned High Court Government

Pleader has contended that the offence alleged

against the petitioner/accused is a heinous offence

punishable with death or imprisonment for life. The

alleged act of the petitioner has caused loss of house-

hold articles including two wheeler vehicle worth

Rs.30,000/-. The investigation is still in progress. If

at this stage petitioner is granted bail, he will hamper

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investigation and tamper prosecution witnesses and

repeat the similar offence. He further contends that

petitioner is involved in five criminal cases earlier and

is having criminal background and if he is released on

bail, there are chances of threatening the complainant

and other prosecution witnesses as similar case has

been registered for offence under Section 195(A) of

IPC in Crime No.287/2017