IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6849/2018 BETWEEN:
1. Chandrappa, S/o Yallappa, 31 Years, 2. Ram, S/o Dasapppa, 30 Years, 3. Venkatesh, S/o Yellappa, 35 Years, 4. Shivu, S/o Yellappa, 35 Years, 5. Lokappa, S/o Guruvappa, 40 Years, 6. Tarkri Ram, S/o Karevadda, 55 Years, 7. Somu, S/o Shityappa, 40 Years, 8. Basavaraj, S/o Yallappa, 37 Years, 9. Puttamma, W/o Golla, 28 Years, 10. Savitha, W/o Shivu, 27 Years, Petitioners 1 to 10 are Residing at Koratagere Gollara Tanda, Shikaripura Taluk, Shivmoga District – 577201.
11. Renukamma, W/o Venkatesh, 38 Years, Residing at Kolagi Tanda, Shikaripura Taluk, Shivmoga District – 577201. ... Petitioners (By Sri. A. Nagarajappa & Associates, Advocate) AND:
The State of Karnataka, Rep. by Station House Officer, Anavatti Police Station, Soraba Taluk, Shimoga District, Rep. by Office of SPP, High Court Building, Bangalore-560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in CR.NO.217/2018 of Anavatti Police Station, Shivamogga for the offences punishable under Sections 323, 324, 326, 504, 506, 307, 440, 447, 448, 392 and 354 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioners-accused Nos.1 to 11 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime No.217/2018 of Anavatti Police Station for the offences punishable under Sections 323, 324, 326, 504, 506, 307, 440, 447, 448, 392 and 354 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the husband of the complainant was addicted to alcohol and on 25/02/2017 he started consuming alcohol and was making galata in the village festival and at that time he has fallen into the drain in front of his house and sustained severe injuries and thereafter, he was taken to hospital and on failure of treatment he died. The petitioners being relatives of the complainant husband- deceased, started making galata on 26/02/2017 at about 9.00 a.m., under the wrong impression that the complainant herself is cause for the death of deceased and trespassed into the house of the complainant by holding deadly weapons and assaulted her with clubs and also dragged her out of the house and even tried to outrage her modesty. In this regard, the complainant suffered with grievous injuries and she took treatment. Thereafter, she came back and filed a private complaint. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioners that earlier to the incident, the complainant was also involved in a criminal case and she was in custody for some time and after her release, she has filed a false counter case against the petitioners. He further submitted that the injured has already been discharged from the hospital and she is also out of danger and there is also a inordinate delay in filing the complaint. Therefore the alleged offence is not punishable with death or imprisonment for life. It is his further submission that the petitioners-accused Nos.1 to 11 are ready to abide by any conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners have committed alleged offences by assaulting the injured-complainant, due to which the complainant has suffered grievous injuries. There is also a case and counter case, if the petitioners are ordered to be released on bail, it may again cause disturbance in the village. He further submitted that the petitioners-accused Nos.1 to 11 were absconding and since from the date of registration of a case against them they are not available for investigation or interrogation. If again, the petitioners are released on anticipatory bail, they may abscond and they may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the records, the alleged incident has taken place on 26/02/2017 and earlier to this incident, a case and counter case has also been registered against the complainant and she was in custody for some time and there is also delay of more than six months in filing the complaint. If really, the complainant suffered with the alleged injuries as contended by her on 26/02/2017 and she was taken to the hospital, definitely there would be records to prove the said injuries, which could have been stated in the complaint. A case registered in this behalf is not punishable with death or imprisonment for life. Already injured is discharged and she is out of danger. Under such facts and circumstances, I feel that by imposing stringent conditions if the petitioners-accused Nos.1 to 11 are ordered to be released on anticipatory bail, it would meet the ends of justice.
8. In the light of the discussion held by me above, the petition is allowed and petitioners-accused Nos.1 to 11 are ordered to be released on anticipatory bail in Crime No.217/2018 of Anavatti Police Station for the offences punishable under Sections 323, 324, 326, 504, 506, 307, 440, 447, 448, 392 and 354 read with Section 34 of IPC subject to the following conditions:
1. Each of the Petitioners/accused Nos.1 to 11 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before Investigating Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till the charge sheet is filed.
5. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE SMJ