IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6262/2019 BETWEEN JAYARAMU @ JAYA S/O RAMAKRISHNAIAH AGED ABOUT 37 YEAWRS RESIDENT OF BEERANAKALLU VILLAGE KASABA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT 572101.
(BY SRI CHETHAN B, ADVOCATE) AND 1. STATE OF KARNATAKA TUMKURU RURAL POLICE TUMKURU - 572101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 560001.
2. SMT. LAKSHMAMMA W/O LATE KANTHARAJU AGED ABOUT 35 YEARS R/AT BHEERANAKALLU VILLAGE TUMKUR TALUK, TUMKUR DISTRICT 572101. (BY SRI ROHITH B J, HCGP FOR R1) ...PETITIONER …RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION OF 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.262/2016 (SPL.C.NO.44/2017) OF TUMKUR RURAL POLICE STATION, TUMAKURU PENDING ON THE FILE OF III ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU FOR THE OFFENCE P/U/S 427,431,143,147,148,149,302 AND 120-B OF IPC AND SECTION 3(2)(V) AND (Va) OF SC/ST (POA) AMENDMENT BILL, 2014.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Notice issued to second respondent as per the submission of the learned HCGP is served and she has remained absent.
2. The petitioner is arraigned as accused No.2 in (Crime No.262/2016) Special Case No.44/2017 on the file of the III Addl. Sessions Judge at Tumakuru. Earlier he has applied for bail before this Court and the said petition was withdrawn in Crl.P.No.5903/2017.
3. The brief factual matrix that emanate from the chargesheet papers are that the accused Nos.1 to 15 had hatched a conspiracy in order to do away with the life of the deceased by name Lakshmikantha @ Kantharaju, with reference to their previous antecedent grudge. It is alleged that the deceased has, in fact, made certain complaints to the CCB Police against accused Nos.2, 5 and 14. In that context, the said accused persons were grinding axe against the deceased. In the above said backdrop, it is alleged that on 19.10.2016 in the garden land of accused No.1, accused Nos.1, 2, 5, 9, 14, 15 and 16 have gathered together and conspired to plan as to how the deceased has to be eliminated. In furtherance of their conspiracy, on 21.10.2016 at about 10.00 a.m. when the deceased was coming towards home after purchasing flowers and vegetables, at that time, accused No.16 was driving vehicle Tata Sumo bearing registration No.KA-32-M-8306, in which accused Nos.1, 5, 14 and 15 came to that particular spot and intercepted the vehicle in which the said Lakshmikantha, the deceased was proceeding in a Bolero vehicle bearing registration No.KA-06-M-9438. The accused Nos.1, 5, 14 and 15 were having deadly weapons like longs, a crowbar and club and also chilli powder with them. It is alleged that accused Nos.2, 10, 11, 12 and 13 also joined hands with accused Nos.1, 5, 14 and 15 and they have assaulted the deceased.
It is specifically averred that accused No.5 has splashed the chilli powder on the eyes of the deceased. Accused No.2-the present petitioner assaulted with a chopper on the deceased. Accused No.5 assaulted with a crowbar on the chest of the deceased. Accused No.14 assaulted with a spade and accused Nos.12 and 15 assaulted the deceased with clubs. Accused Nos.1, 10, 11 and 13 were watching the said place avoiding the public to come there. Due to the injuries sustained, the deceased succumbed to the injuries on the spot itself.
4. The above said allegations disclose that accused No.1 came there with a long and assaulted the deceased and other accused persons particularly accused Nos.5, 14 and 12 and 15 have also assaulted with crowbar on the chest and other parts of the body of the deceased.
5. On the above said allegations, the other accused persons specifically who stand on the same footing have already been released on bail. Accused Nos.6 and 8 were released on bail in Crl.P.No.3296/2017 dated 14.09.2017. Accused No.12 was released on bail in Crl.P.No.7485/2017 on 09.11.2017. Accused Nos.9, 10 and 11 were released on bail in Crl.P.No.3297 and 7970/2017 on 14.02.2017. Accused No.4 was released on bail in Crl.P.No.464/2018 on 07.06.2018. Accused No.5 was released on bail by the Trial Court in Crl.Mis.No.1524/2016 on 31.12.2016 Further, accused No.1 was released on bail in Crl.P.No.790/2019 by order dated 05.08.2019. The accused No.1 almost stands on the same footing as that of accused No.2-the present petitioner. The chargesheet papers disclose that accused No.5 is the actual person who assaulted on the chest of the deceased. The said person has been released on bail, considering the discrepancies in the statement of witnesses. Though it is contended by the learned HCGP that there are eye witnesses to the incident, but all of them have stated about the overtact of this petitioner that he assaulted the deceased with a chopper but they have not stated, on which part of the body he assaulted. On the other hand, the other accused persons who have also assaulted the deceased have already been released on bail. Therefore, under the above said circumstances on the ground of parity, the petitioner is also entitled to be enlarged on bail. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with (Crime No.262/2016) in Spl.Case No.44/2017 on the file of III Addl. Sessions Judge, Tumkur, registered for the offences punishable under Sections 143, 147, 148, 302, 341, 427 and 120-B read with Section 149 of the Indian Penal Code and under Section 3 Cl 2 (V) and (Va) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities), Amendment Bill, 2014, 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 sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the 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 of the court till the case registered against him is disposed of.
Sd/- JUDGE JT/-