Sujit S/O Subhas Patoli vs The State Of Karnataka
2 May, 2023
Bench: Hon’ble Anil B Katti
Introduction:
In a recent development, Sujit Patoli, son of Subhas Patoli, has been granted anticipatory bail by the High Court of Karnataka, Dharwad Bench. The bail was sought by Sujit Patoli under Section 438 of the Code of Criminal Procedure (Cr.P.C) in connection with Crime No. 32/2023 registered at Savalgi Police Station. The case involves multiple charges under the Indian Penal Code (IPC) and the Arms Act, 1959. The Honorable Mr. Justice Anil B Katti presided over the proceedings and issued the order for anticipatory bail.
Background:
The case revolves around a dispute that took place on March 26, 2023, in Todalbagi village. According to the complaint filed by Shridhar Basappa Kasar, Sujit Patoli, along with other accused individuals, formed an unlawful assembly and went to the land of the complainant. The altercation allegedly arose over the supply of dry grapes and the payment of money. It is further alleged that the accused assaulted the complainant and other witnesses with clubs, stones, and an iron rod, causing bleeding injuries. One of the accused also fired a gun in the air, threatening the complainant’s life. The complaint resulted in the registration of a case against Sujit Patoli and other named accused individuals.
Court Proceedings:
During the hearing, the High Court examined the allegations made in the complaint and the objections raised by the State Public Prosecutor. The court observed that there was a dispute between the complainant and one of the accused, Sujit Patoli’s associate, regarding the sharing of profits from a dry grapes business. On the day of the incident, the accused, along with three unknown individuals, went to the complainant’s land and demanded the profit amount owed to the associate. The associate, in possession of a gun, fired a shot in the air, while the remaining individuals threatened the complainant. Sujit Patoli allegedly assaulted the complainant with a stick, causing injury, and other accused individuals also assaulted him with an iron rod. When the complainant’s son and other villagers came to his rescue, they were also assaulted and verbally abused by the accused.
The High Court considered the records presented by the State Public Prosecutor, which included the wound certificate of the complainant and his son. The court noted that while the complainant and his son had already been discharged from the hospital, their injuries were not life-threatening. The court opined that whether Sujit Patoli intended to commit murder by assaulting the complainant would be determined during the trial. The court also took into account that Sujit Patoli was a permanent resident at the given address, and any apprehension raised by the State Public Prosecutor could be addressed by imposing suitable conditions.
Court’s Decision:
In light of the above considerations, the High Court allowed the criminal petition filed by Sujit Patoli and granted him anticipatory bail. The court set aside the previous order passed by the Additional District and Sessions Judge and ordered Sujit Patoli’s release on bail upon his arrest in connection with Crime No. 32/2023. The bail was subject to several conditions, including executing a personal bond of Rs. 1,00,000/- with one surety of the same amount, not leaving the jurisdiction of the trial court without prior permission, refraining from tampering with prosecution witnesses, producing address proof documents for himself and the surety, cooperating with the investigating officer, and appearing before the trial court as required.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
JUDGEMENT REVIEWED BY SHREEYA S SHEKAR
