PARAVVA @ PARVATI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are accused Nos.1 and 2 are before this Court seeking to be enlarged on anticipatory bail in the event of their arrest in Harugeri P.S. Crime No.39/2020, registered for the offences punishable under Sections 115 , 120-B read with Section 34 of IPC and Sections 3(1)(g), 3(2)(V-a) of the SC & ST (POA) Act, 1989.

(2.) The case of the prosecution is that one Appasab Shankar Arakeri had filed a complaint alleging that he is in possession of land covered under R.S.No.280/1+2B/2 for more than 20 years and the petitioners along with accused No.3 are trying to evict him from the said land illegally and in this regard, it is alleged that the petitioners are trying to get the complainant killed, which fact was informed by one Dinesh Kuduva, who is the son of the first petitioner and had provided a copy of telephonic conversation recording to the complainant. It is on this basis, the above complaint has been filed for the aforesaid offences.

(3.) Shri Prasad Rameshrao Sidhanti, learned counsel for the petitioners would submit that the entire complaint is false and has been filed at the instigation of Shri Dinesh Kuduva, with whom there are various civil disputes are pending. He states that the petitioners are the joint owners of the land in R.S.No.280/1+2B/2 measuring 8 acres at Harugeri Village in Raibag Taluk of Belagavi District along with Shri Dinesh Kuduva, who is the son of the petitioners. There are disputes between the petitioners and the said Shri Dinesh Kuduva, who had filed a civil suit for partition and separate possession in O.S.No.788/2003 before the Addl. Civil Judge, Raibag, wherein the petitioner No.1 is granted 1/2 share and petitioner No.2 and Shri Dinesh Kuduva are granted 1/4th share each.