IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2nd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.1599/2019 BETWEEN :
1. Smt. Durugamma W/o Devendrappa Aged about 55 years Coolie Worker, R/o. Kondajji Village Harihara Taluk Davanagere District-577 601.
2. Smt. Bhavani D/o Devendrappa Aged about 23 years Student, R/o Kondajji Village Harihara Taluk Davanagere District-577 601.
(By Sri S.G.Rajendra Reddy, Advocate) AND :
The State by S.H.O.
by Rural Police Station, Harihara, Davanagere District Represented by State Public Prosecutor High Court Building, Bengaluru-560 001.
(By Sri Nasrulla Khan, HCGP) … Petitioners … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.18/2019 of Harihara Rural Police Station, Davanagere District, for the offences punishable under Sections 341, 323, 324, 504 and 302 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused Nos.2 and 3 under Section 439 of Cr.P.C. praying to release them on bail in Crime No.18/2019 of Harihara Rural Police Station for the offences punishable under Sections 341, 323, 324, 504, 302 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.
daughter of Durgamma about two years prior to the incident. Brother of the said Bharathi was against the said marriage. On 23.1.2019 at about 10.00 a.m., while the complainant was going to see her old house, all the accused persons restrained her and abused her in filthy language. Accused No.2 assaulted on the cheek of the complainant with brick. After seeing the said incident, son of the complainant came there in order to rescue the complainant. At that time accused No.3 caught hold of collar of his shirt and pulled him. Accused Nos.2 and 3 thrashed him with their hands and legs. When the complainant went to pacify the quarrel, accused No.1 pushed her and due to previous enmity with an intention to eliminate the deceased, he assaulted him with knife and caused the stab injuries and as a result of the same the deceased sustained grievous injuries and when he was taken to the hospital he was declared dead. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent and have not committed any offence. He further submitted that the petitioners have been falsely implicated in this case. Even the complaint itself discloses the fact that it is accused No.2-petitioner No.1 herein, who assaulted on the cheek of the complainant and accused Nos.2 and 3- petitioners assaulted the deceased with hands and legs and no serious overt acts have been alleged as against the petitioners. It is alleged that accused No.1 assaulted the deceased with knife and caused grievous injuries. As a result of the same, deceased succumbed to the injuries. He further submitted that the petitioners are ladies and even under Section 439 of Cr.P.C., they are entitled to be released on bail. He further submitted that the petitioners are ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioners along with accused No.1 have transpired with each other and thereafter they have assaulted the deceased with brick and hands and legs. Accused No.1 with an intention to eliminate the deceased, assaulted the deceased and caused his death. Petitioners have been charge sheeted under Section 34 of IPC and therefore they are equally liable to be punished. There are six eye witnesses to the alleged incident, including the daughter of petitioner No.1. If the petitioners are enlarged on bail, they may tamper with the prosecution evidence and 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 for the parties and perused the records.
7. On going through the factual matrix of the case, the only allegations made as against the petitioners are that accused No.2 has assaulted with brick on the cheek of the complainant and accused No.3 caught hold of the collar of the shirt of the deceased and pulled him. Thereafter, she assaulted him with hands and legs and at that time, because of previous enmity, it is accused No.1 who pulled the deceased and by taking out a knife stabbed on his right shoulder and ribs and caused the grievous injuries and thereby he committed the alleged offence. By taking into consideration the overt acts of the petitioners and as they are ladies, I feel that by imposing some stringent conditions, if the petitioners-accused Nos.2 and 3 are ordered to be released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused Nos.2 and 3-petitioners herein are enlarged on bail in Crime No.18/2019 of Harihara Rural Police Station for the offences punishable under Sections 341, 323, 324, 504, 302 r/w. Section 34 of IPC, subject to the following conditions:-
i) Each of the petitioners shall execute personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) They shall not tamper with the prosecution evidence in any manner.
iii) They shall not leave jurisdiction of the trial Court without prior permission.
iv) They shall be regular in attending the trial.
Sd/- JUDGE *ck/-