IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF JANUARY 2019 BEFORE THE HON’BLE Mr. JUSTICE B.A.PATIL CRIMINAL PETITION No.9054 OF 2018 BETWEEN:
1. Govinda Shetty, S/o. Late Rachashetty, Aged about 48 years, 2. Shivaiah Shetty, S/o. Late Racha Shetty, Aged about 40 years, 3. Basavanna, S/o. Late Rachashetty, Aged about 37 years, 4. Upendrakumar @ G.Uday Kumar, S/o. Govindashetty, Aged about 19 years, All are Agriculturists & Residents of Chikkamole Village, Chamarajanagara Taluk & District, Pin-571313. …Petitioners (By Sri.S.G.Rajendra Reddy, Advocate) AND:
The State by Chamarajanagara East Police Station, Chamarajanagara District, Rep. By SPP., High Court, Bengaluru-560 001. …Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.280/2018 registered by Chamarajanagar East Police Station, Chamarajanagara for the offence p/u/sections 143, 323 and 302 read with 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:-
ORDER The present petition has been filed by the accused Nos.1, 3, 5 and 8 under Section 438 of Cr.P.C., to release the accused-petitioners on bail in Crime No.280/2018 of Chamarajanagara East Police Station for the offences punishable under Sections 143, 323, 302 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Govt. Pleader.
3. The gist of the complaint is that on 06.07.2018 at about 9.00 a.m., when the deceased Mahadevaswamy and his mother were engaged in the work of digging foundation in the site in dispute, Accused No.1-petitioner and others picked up quarrel with them and trampled Mahadevaswamy and committed his murder. It is also alleged that they also assaulted mother of Mahadevaswamy and caused simple injuries.
4. It is the submission of the learned counsel for the petitioners that under the similar facts and circumstances, Accused Nos.2, 4, 6 and 7 have been released on bail. On the ground of parity, the petitioners are also entitled to be released on bail. He further submitted that there is no specific overt-act stated and even the allegations made are very vague and the statement of the eye-witnesses have been already recorded and there is no question of accused tampering with the prosecution witnesses. On this ground, he prays to allow the petition.
5. Per contra, learned High Court Govt. Pleader vehemently argued that there is a prima facie material against the petitioners and there are eye-witnesses to the alleged incident. On this ground, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the petitioners as well as learned High Court Govt. Pleader.
7. Learned High Court Govt. Pleader has also made available the post mortem report. As could be seen from the said post mortem report and the final opinion of the doctor, death is due to cardiac arrest as a result of coronary artery insufficiency (natural death). Be that as it may. As could be seen from the records also, Accused Nos.2, 4, 6 and 7 have been released on bail. On the ground of parity, the accused Nos.1, 3, 5 and 8 are also entitled to be released on anticipatory bail.
8. Accordingly, the Petition is allowed and in the event of their arrest, the petitioners- accused Nos.1, 3, 5 and 8 in Crime No.280/2018 of Chamarajanagara Police Station, are ordered to be released on anticipatory bail subject to following conditions:
i) Each of the accused-petitioners are directed to execute a personal bond for a sum of Rs.1,00,000/- each with two sureties each for the like sum to the satisfaction of the Investigating Officer;
ii) They shall surrender before the Investigating Officer within 15 days from today;
iii) They shall not tamper prosecution evidence directly or indirectly;
iv) They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE bnv*