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IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 24^TH DAY OF JANUARY, 2018

BEFORE

THE HON’BLE MR.JUSTICE G. NARENDAR

CRIMINAL PETITION No.200099/2018

Between:

1. Lokesh S/o Shantappa Biradar,

Age 29 years, Occ. Agriculture,

2. Sheikhershwar S/o Baburao Biradar,

Age 26 years, Occ. Agriculture,

3. Sheshikanth @ Shivkanth

S/o Vaijinath @ Prabhu Biradar,

Age 30 years, Occ. Driver,

4. Rajkumar @ Rajappa

S/o Shankar Waddar,

Age 26 years, Occ. Labour,

5. Ramanna S/o Shivaraj Poushette,

Age 24 years, Occ. Driver,

6. Nagesh S/o Chandrakanth Bilgunde,

Age 24 years, Occ. Agriculture,

All are resident of Jayanthi Village,

Tq. Bhalki, Dist. Bidar – 585 328.

... Petitioners

(By Sri Avinash A.Uploankar, Advocate)

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And:

The State through

Janawada Police Station,

Dist. Bidar

Now represented by

Addl. SPP High Court of Karnataka,

Kalaburagi Bench – 585 107.

... Respondent

(By SriP.S.Patil, HCGP)

This Criminal Petition is filed under Section 438 of

Cr.P.C., praying to allow the petition and be pleased to

issue necessary directions to the respondent police to

relase

the

accused/petitioners

on

bail

in

Crime

No.112/2017 of Janawada Police Station, Dist. Bidar, in the

event of their arrest, pending before II Addl. Senior Civil

Judge and JMFC Court, at Bidar for the offences under

Section 143, 147, 148, 447, 323, 324, 307, 504, 326 read

with Section 149 of IPC.

This petition coming on for Orders this day, the

Court made the following:-

ORDER

Heard the learned counsel for the petitioners and the

learned High Court Government Pleader.

2.

Case of the prosecution is that on 27.07.2017

at about 23 hours he received an information from the

police out post at Bidar Government Hospital with regard

to the registration of MLC stating that, some persons

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having suffered injuries during fight had been admitted

and he visited the hospital and recorded the statement of

one Shivaraj. Wherein it is alleged by the said Shivaraj

that his son and the accused No.1 – Kashinath had entered

into partnership and started a water park in the land

bearing Sy.No.22 of Kolar village measuring about 03

acres 34 guntas.

3.

That on the night of 27.07.2017 at about 7.30

p.m. the accused Nos.1 and 2 along with other 7-8 people

had assembled at the form of the complainant and taunted

the complainant by stating that he had regularly picked up

quarrels with Kashinath in the matter of the water park

and today we will do away with your life, saying so the

second

accused

is

alleged

to

have

assaulted

the

complainant with a rod on his head and when the son of

said Omkar intervened and tried to protect his father. The

first accused grabbed the knife from the hands of the said

Vijaykaumar and said to have assaulted the said Omkar

and hence the respondent police were pleased to register

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the complaint as Crime No.112/2017 for the offences

punishable under Sections 143, 147, 148, 447, 323, 324,

307, 504 read with Section 149 of IPC.

4.

Learned counsel for the petitioners submits

that petitioners are wholly innocent of the offences alleged

against them and none of them have been named by the

complainant and they have no acquaintance and they have

been falsely implicated in the said crime by the respondent

police. He would further contend that even as per the

records the complainant and his son were admitted to the

hospital on 28.07.2017 and have been discharged on

29.07.2017

and

31.07.2017

respectively.

He

would

contend that if the accused had really carried out a

murderous assault they would not have been discharged

within 24 hours. He would further contend that even as per

the complaint allegations the other 7-8 people, are said to

have assaulted him with their bone hands and legs. Hence,

he would pray that the petitioners be enlarged on bail in

the event of their arrest in Crime No.112/2017 of

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Janawada Police Station, Bidar for the offence punishable

under Sections 143, 147, 148, 4