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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 22^ND DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

CRIMINAL PETITION NO.101281/2021

BETWEEN:

MARUTI @ PAPPU S/O. BHARAMANI PATIL,

AGE 31 YEARS, OCC: MASON,

R/O. CHAVADI GALLI, MUTAGA VILLAGE,

TAL AND DIST. BELAGAVI.

...PETITIONER

(BY SRI. VISHWANATH BADIGER, ADVOCATE)

AND:

THE STATE OF KARNATAKA,

REPRESENTED BY ITS

STATE PUBLIC PROSECUTOR

(MARIHAL P.S.), HIGH COURT OF KARNATAKA,

DHARWAD BENCH, AT DHARWAD

... RESPONDENT

(BY SRI. RAMESH B. CHIGARI, HCGP FOR R1;

SRI. SHARAD V. MAGADUM, ADVOCATE FOR VICTIM-

LADY)

THIS

CRIMINAL

PETITION

IS

FILED

UNDER

SECTION 439 OF CR.P.C., SEEKING TO ALLOW THIS

PETITION AND ENLARGE THE PETITIONER/ACCUSED

ON

BAIL

IN

CRIME

NO.49/2021

REGISTERED

BY

MARIHAL

POLICE

STATION

FOR

THE

OFFENCE

PUNISHABLE UNDER SECTIONS 506, 323, 363, 376,

354 OF IPC.

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THIS

CRIMINAL

PETITION

COMING

ON

FOR

ORDERS

THIS

DAY,

THE

COURT

MADE

THE

FOLLOWING:

ORDER

This petition is filed by the 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.49/2021

of

Marihal

Police

Station,

registered for the offences punishable under

Sections 506, 323, 363, 376 and 354 of The

Indian Penal Code (hereinafter referred to as

the ‘IPC’, for brevity).

2.

It is the case of the prosecution that,

one Shashikanth husband of the petitioner

lodged a complaint on 31.05.2021 stating that

about 6 months ago the petitioner/accused has

given Rs.2,00,000/- to the complainant to

purchase the plot of the complainant and he

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has

given

one

month’s

time

to

the

petitioner/accused for execution of the Sale

Deed and as the accused has not purchased the

said land within the period, complainant sold

the plot to another person and returned the

advance amount paid by the accused. It is

stated that for that reason on 29.05.2021 the

petitioner/accused came to the house of the

complainant

and

threatened

him

and

his

brother-Sunil. It is further stated that on

31.05.2021 at about 7.00 p.m., when the

complainant and his wife were in their house,

at that time petitioner/accused came and told

the complainant that he wanted to talk with

him and his wife and took them to a under

construction building of the complainant and

picked up a quarrel with them and assaulted

the complainant with hands and threatened him

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and kidnapped his wife on two-wheeler Activa

scooty. This incident was occurred at 7.15

p.m.

The

complainant

and

his

brother

searched for the victim-lady in Mutaga Village,

but the petitioner and the victim-lady were not

traced. Therefore, they filed a complaint

before

the

Marihal

Police

Station

for

the

offence under Sections 506, 323 and 363 of

IPC. Based on the complaint, the police

registered a case in Crime No.49/2021 against

the

petitioner.

During

investigation

the

petitioner was arrested on 07.06.2021 and the

Investigating Officer had filed requisition to

include the offence under Sections 354 and 376

of IPC. The petitioner filed a bail application in

Crl.Misc.No.611/2021

seeking

bail

and

the

same came to be rejected by VIII Additional

District and Sessions Judge, Belagavi, by order

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dated 23.06.2021. 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.

Learned HCGP is assisted by Sri. Sharad V.

Magadum, learned counsel appearing for the

victim-lady.

4.

It is the contention of the learned

counsel for the petitioner that, the petitioner is

innocent, he has not committed any offence as

alleged and he has been falsely implicated in

the case. This is the further submission of the

learned counsel that, there is a civil disput