IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7728/2019 BETWEEN BANGARA NAIKA S/O LAKSHMAN NIAKA AGED 37 YEARS R/AT KANNEGALA VILLAGE CHAMARAJNAGAR TALUK AND DISTRICT – 571 111 (BY SRI. SHIVA PRASAD Y.S., ADVOCATE) AND STATE OF KARNATAKA BY SANTHEMARAHALLI POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING ... PETITIONER BENGALURU – 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.23/2019 OF SANTEMARALLI POLICE STATION, CHAMARAJANAGAR FOR THE OFFENCE P/U/S.302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is the sole accused in Crime No.23/2019 of Santhemaralli Police Station, Chamarajanagara District, for the offence punishable under Section 302 of IPC, now pending on the file of Addl. District and Sessions Judge, Chamarajanagar District.
3. The brief facts of the case are that, the petitioner and the deceased-Sri. Mahadevanayak are the residents of Kannegala Village, Chamarajanagar District. It appears that there was some dispute with regard to the land properties between the deceased and the petitioner/accused. In that context, it is alleged that on 06.10.2018 at about 4.00 p.m., the deceased- Mahadevanayaka was sitting in front of his house along with his wife (complainant) and others. At that time, the petitioner/accused went there and started quarrelling with the deceased and in the course of quarrel, the petitioner/accused kicked the deceased on his face, chest and stomach, due to which the deceased sustained some internal injuries and he became ill. He was admitted to the Government Hospital at Santhemaralli and after preliminary treatment, he was discharged and came back to his village on 14.10.2018. But, on the next day ie., on 15.10.2018 the deceased complained stomach pain, therefore, again he was admitted to the hospital, but he was not survived and died in the hospital on 15.10.2019. However, the respondent-police had registered a complaint under UDR No.6/2018 and obtained post-mortem report, which revealed that, the death of the deceased was due to “Blunt Trauma to Abdomen”.
4. It is seen from the records that, though the said opinion was expressed by the Doctor on 16.10.2018, the alleged complaint was not lodged immediately and it was lodged on 27.04.2019, after a long lapse of six months.
5. The above facts and circumstances disclose that, during the quarrel between the deceased and the petitioner/accused, the petitioner assaulted the deceased. Therefore, at present there is no material to show, whether the petitioner has assaulted the deceased with an intention to cause his death. Because, after the incident of assault on the victim/deceased by the accused, the victim/deceased survived for more than nine days. But, even after the death of the deceased, the complaint was not filed within a reasonable time and it was filed after lapse of six months. Therefore, considering the above said facts and circumstances and the nature of injuries suffered by the deceased, in my opinion, that the petitioner/accused is entitled to be enlarged on bail on certain conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner/accused – Bangara Naika shall be released on bail in connection with Crime No.23/2019 of respondent-Santhemaralli Police Station, Chamarajanagar District, for the alleged offence, now pending before the Court of Additional District and Sessions Judge, Chamarajanagar District, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE