IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.6618/2017 BETWEEN:
BELAKAREPPA S/O UJJAPPA MALLANNAVAR, AGED ABOUT 32 YEARS OCC:AGRICULTURE, R/O GOGGA VILLAGE, SHIKARIPURA TALUK, SHIVAMOGA DISTRICT-577 427 ... PETITIONER (BY SRI R.B.DESHPANDE, ADV.) AND:
THE STATE OF KARNATAKA BY SHIKARIPURA RURAL POLICE STATION SHIKARIPURA, SHIVAMOGGA DISTRICT-577 301 ...RESPONDENT (BY SRI CHETAN DESAI, HCGP.) THIS CRL.P. FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN SPL.A.NO.9/2017 PENDING ON THE FILE OF I ADDITIONAL SESSIONS JUDGE, SHIVAMOGGA AND CRIME NO.362/2016 OF SHIKARIPURA RURAL POLICE STATION, SHIVAMOGGA, FOR THE OFFENCE P/U/S 3(1)(X) AND 3(2)(V) OF SC/ST (POA) ACT, 1989 AND SECTIONS 506, 341, 504, 143, 144, 147, 148, 149, 302, 307, 323, 324 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 143, 144, 147, 148, 341, 504, 323, 324, 506 r/w 149 of IPC and Section 3(1)(x) of SC/ST (POA) Act, registered in respondent – police station in Crime No.362/2016 and after completing the investigation charge sheet came to be filed against 14 persons for the offences punishable under Sections 506, 341, 504, 143, 144, 148, 302, 307, 323, 324 r/w 149 of IPC and also under Section 3(2)(v) of SC/ST (POA) Act.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
3. Counsel for the petitioner made the submission that looking to the statement of witnesses, there is no consistency regarding the weapon with which accused No.1/petitioner herein, is alleged to have assaulted the deceased. Learned counsel submitted that the witness initially stated that accused No.1 assaulted the deceased with club on his head, subsequently, one of the injured Ashok made a statement that petitioner/Accused No.1 assaulted the deceased with sickle on his head. Hence, he submitted that in view of the discrepancy in the statement of eye witnesses, petitioner may be admitted to bail by imposing reasonable conditions and also submitted that other accused have already been granted bail by this Court.
4. Per contra, the learned High Court Government Pleader, during the course of his arguments submitted that no doubt group of six persons have committed the alleged offence, but so far as the present petitioner is concerned, his name is repeatedly mentioned in the complaint and in the statement of all the eye witnesses. They have stated that Accused No.1 assaulted the deceased on the head. Learned HCGP also submitted that there may be small discrepancy regarding type of weapon i.e. club or sickle, used for committing alleged offence, but the fact remains that present petitioner/Accused No.1 has assaulted the deceased on the head portion. Hence, prima facie case is made out against the petitioner and submitted that petitioner is not entitled for bail.
5. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record.
6. Looking to the complaint averments and also statement of eye witnesses, wherein they have specifically stated that petitioner/Accused No.1 assaulted the deceased with sickle on his head portion.
It is true that in one version, the eye witness has stated that accused used club and in other version, stated that sickle was used by Accused No1 to assault, but the allegation is that he assaulted on the head of the deceased which is supported from the medical opinion, wherein the doctor has opined that deceased died due to head injury. Hence, prosecution has made out a prima facie case. Therefore, considering the materials placed on record, at this stage, I am of the opinion that so far as petitioner/Accused No.1 is concerned, there is prima facie case made out that the accused No.1 is involved in committing the said alleged offence.
Accordingly, the petition is rejected.
Sd/- JUDGE ln.