GURU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed under Section 438 of Cr.P.C. by the petitioners-accused Nos.1 and 2 seeking bail in the event of their arrest in Crime No.239/2018 of Kagwad Police Station relating to C.C.No.795/2019 pending on the file of the Addl. Civil Judge and JMFC Court, Athani, for the offences punishable under Sections 447 read with Section 34 of IPC.

(2.) The brief facts of the case are that one Ashok Tavanappa Aski serving as Assistant Executive Engineer in Rural Drinking Water and Sanitation, Sub-Division, Athani is the complainant. It is stated in the complaint that in 2008 jack well has been constructed on the bank of Krishna river within the limits of Ainapur and water being supplied to 30 villages. On 18.11.2018 at about 9:30 a.m. the official in-charge of said jackwell i.e., Mahesh Tammanna Jadhav and Manjunath Sadashiv Madiwal intimated that the petitioners herein along with accused No.3 and other 10-12 persons of Ainapur village trespassed into the area where jackwell is situated and locked the room where T.C. D-well and jackwell and thereby caused obstruction in public work. Hence, complaint was lodged by the complainant. Thereupon the Police registered the case in the aforesaid crime and after investigation, charge sheet is filed. The petitioners apprehending their arrest have come up with this petition.

(3.) Learned counsel for the petitioners contended that the petitioners are innocent, they have not at all committed the alleged offences as alleged by the complainant and they have been falsely implicated in this case. The alleged offences are not punishable with death or imprisonment for life. There are no prima facie materials against the petitioners for commission of the alleged offences and the Police are making hectic efforts to arrest these petitioners without there being any reason. He further contended that the petitioners are permanent residents of the address shown in the petition and having both movable and immovable properties. The petitioners are not having any criminal antecedents and if the petitioners are let on bail, they will not tamper or attempt to tamper with the prosecution witnesses and they are ready to abide by any terms and conditions imposed by the Court. Further they are ready and willing to furnish adequate surety to the satisfaction of the Court. Hence, the learned counsel for the petitioner seeks grant of bail to the petitioners.