IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7487/2019 BETWEEN DORESWAMY S/O LATE MADEGOWDA AGED ABOUT 38 YEARS RESIDENTS OF DASANAPURA VILLAGE KASABA HOBLI KOLLEGALA TALUK – 571 440 (BY SRI. P.C. SUNITHA, ADVOCATE) AND STATE BY TOWN POLICE STATION KOLLEGALA REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU – 560 001 ... PETITIONER … 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.120/2019 REGISTERED BY KOLLEGALA TOWN POLICE STATION, CHAMARAJANAGARA FOR THE OFFENCE P/U/Ss. 143, 145, 147, 148, 323, 324, 341, 354, 427, 504, 506 AND 307 R/W 149.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioner is arraigned as Accused No.1 in Crime No.120/2019 of Kollegala Town Police Station, Chamarajanagara District, for the offence punishable under Sections 143, 145, 147, 148, 323, 324, 341, 354, 427, 504, 506 AND 307 r/w 149, now pending on the file of Additional District and Sessions Judge, Chamarajanagar (Sitting at Kollegala). The petitioner was arrested in connection with the said case and he has been in judicial custody.
3. The brief facts of the prosecution case is that, on 24.07.2019 in the afternoon at 1.00 p.m., there was some galata between CWs. 2 to 6 and the accused persons with reference to cutting of Ane Gobbali Tree. It is alleged that Accused Nos.1 to 3 have assaulted CW.2 with hands and also Accused No.3 has assaulted with knife on CW.3 on his hand. Accused Nos.1, 2 & 3 have also assaulted CW.3 pushed him to the ground and dragged him, as a result he sustained abrasion to his knee. Accused No.5 also assaulted CW.5 pushed her on the ground and fisted on her chest and attempted to outrage the modesty of the said lady. In this context, CWs. 2 to 6 had been to hospital and taken treatment. On the same day at about 2.00 p.m. when CW.1 was talking near hospital, the accused persons once again went there with deadly weapons like choppers, clubs and stones and assaulted CW.1 on his head with chopper and Accused No.1 assaulted CW.1 with a chopper on his head; Accused No.2 assaulted CW.1 with club on the back; Accused No.3 assaulted with stone on the head of CW.1; Accused Nos.4, 5, 6 & 6 have caught hold CW.1 at the particular point of assault to enable Accused Nos.1 to 3 to assault CW.1. The records disclose that, Accused Nos. 2 to 7 were released on bail by the trial Court in Crl. Misc, 5272/2019 under Section 439 of Cr.PC.
4. The allegations made against Accused Nos.1 and 2 are almost similar. Accused No.1 has assaulted on the head of the complainant and Accused No.2 on the back with a club. Accused No.3 also assaulted with stone on the head of the injured. Therefore, Accused Nos.1 to 3 are the persons, who are the assailants of CW.1.
5. Learned HCGP submitted that the injured has suffered simple injuries. The police after thorough investigation, have already filed charge sheet.
6. In the above facts and circumstances of the case, the petitioner, who stands on the same footing as that of Accused Nos. 2 & 3, is also entitled to be enlarged on bail on some conditions.
ORDER The Petition is allowed. Consequently, the petitioner (A1) -Doreswamy shall be released on bail in connection with Crime No.120/2019 of Kollegala Police Station, Chamarajanagara District, for the alleged offences, now pending before the Court of Additional District and Sessions Judge, Chamarajanagar (Sitting at Kollegal), subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one Local Surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not directly or indirectly make any inducement, threat, promise or influence the witnesses or any person acquainted with the facts of the instant case so as to dissuade them from disclosing such facts either to the Court or to the IO and shall not hamper the evidence.
(iii) The petitioner shall regularly 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