IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6481/2019 BETWEEN BABU S/O LATE VENKATESHAPPA AGED ABOUT 30 YEARS R/AT: MUTTUKADAHALLI GRAMA ANUGONDANAHALLI HOBLI HOSKOTE TALUK HOSKOTE – 562 114 BENGALURU ... PETITIONER (BY SRI. YOGESH. G, ADVOCATE FOR SRI. KRISHNE GOWDA.M, ADVOCATE) AND STATE OF KARNATAKA BY ANUGONDANAHALLI POLICE STATION REPTD BY HIGH COURT GOVT. PLEADER HIGH COURT OF KARNATAKA BANGALORE – 560 001 … RESPONDENT (BY SRI. ROHITH .B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.13/2019 REGISTERED BY ANUGONDANAHALLI POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCE P/U/Ss. 302, 201, 427 AND 506(II) OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. Charge sheet has been laid against the petitioner (A1) and others for the offence punishable under Sections 302, 120(B), 506 r/w. 34 of IPC in Crime No.13/2019, which subsequently culminated in SC 167/2019 on the file of the Principal Sessions Judge, Bengaluru Rural District, Bengaluru.
3. The brief facts of the case are that on 04.02.2019, the accused persons, the complainant and others have gathered at the alleged spot, because a panchayath was convened for the purpose of compromise with reference to Sy. No. 18 to the extent of 01 acre and in spite of that the matter was not compromised.
4. It is alleged that, on the date of incident, the accused persons have gathered themselves and assaulted the deceased by name Lingareddy, the husband and one Narayanareddy, the father-in-law of the complainant and this petitioner Babu, who went to the spot along with an iron chopper, has assaulted the deceased Lingareddy on various parts of his body and assaulted Narayanareddy on the neck portion with the chopper, as a result of which both of them succumbed to the injuries sustained by them at the spot.
5. It is also alleged that, this petitioner along with other accused persons has also threatened to kill one Gowramma, the mother-in-law of the complainant tried to assault her also. The charge sheet papers disclose that there are eyewitnesses to the incident and they have categorically stated about the overt-acts of this petitioner who assaulted both Lingareddy and Narayanareddy with a chopper. Therefore, in the above facts and circumstances, I do not find any strong reason to release the petitioner on bail. Hence, the petition is devoid of merit and the same is liable to be dismissed.
Accordingly, the petition is dismissed. However, the petitioner is at liberty to file a fresh bail petition before the trial Court under any changed circumstances in future, if so advised.
Sd/-
JUDGE KGR*