RAMA LAXMAN PATIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS are accused nos.1, 2 and 3 in a case bearing S.C. No. 340/2013 on the file of Sessions Court at Belgaum, arising out of Crime No. 259/2013 on the file of Kakati Police Station, Belgaum District. Petitioners are in judicial custody and they have filed application u/S 439 of Cr.P.C. requesting them to be released on bail. Objections have been filed by the learned Govt. Advocate to the bail application. Perused the records.

(2.) AS per the first information lodged by one person by name Vittal Mallappa Patil, a resident of Jamanal village, Belgaum Taluk on 06.07.2013 before the respondent Police Station is that, himself and his brothers and sisters have been residing in A house at Kakati village which is situated in their land. These petitioners also have their houses in the same village. There has been a long standing dispute between the father of the first informant and the petitioners herein. About two years ago, the lands were partitioned and in the said partition jack fruit trees had been allotted to the share of petitioner -Laxmana Rama Patil and he sold the same. In turn, the first informant and his family members paid Rs.4,000/ - and retained the right of cutting and removing jack fruits. On 05.07.2013 at 2.00 p.m. petitioners came to the land of the first informant and started plucking jack fruits from the said tree. The first informant's father, mother and sisters who were present there objected to the same stating that they have actually purchased the right to pluck jack fruits and that the petitioners have no right to pluck jack fruits. Petitioners went away and at about 9.30 p.m. on the same night these petitioners accompanied by others came near the house of first informant, formed themselves into an unlawful assembly holding deadly weapons like clubs, stones in their hands and started abusing father of the first informant.

(3.) PETITIONERS have undertaken to obey any conditions which may be imposed on them. It is argued on their behalf that they are permanent residents of Kakati village, more particularly being agriculturists. It is further argued that they have no criminal antecedents.