IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. NATARAJAN CRIMINAL PETITION NO.1147/2019 BETWEEN:
1. Smt. Kanumakka W/o Kenchappa, Aged about 29 years, Agriculturist, 2. Smt. Jayamma W/o Kallappa, Aged about 50 years, Agriculturist, 3. Kallappa S/o Honnurappa, Aged about 60 years, Agriculturist, 4. Basavaraja S/o Kallappa, Aged about 26 years, Petitioners Nos.1, 4 are residents of Kyadigere Village, Chitradurga Taluk, Chitradurga District – 577 501. (By Sri. Manjunath N.D., Advocate) ...Petitioners AND:
The State of Karnataka, Through Chitradurga Police Station, Chitradurga District, Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) ...Respondent This Criminal Petition is filed under Sectsion 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.410/2018 of Chitradurga Rural Police Station, Chitradurga for the offences punishable under Sections 323, 324, 504 and 307 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition is filed by the petitioners/accused Nos.1 to 4 under Section 438 of Cr.P.C. seeking direction to the respondent-police to release them on anticipatory bail in the Chitradurga Rural Police Station, Chitradurga District for the offences punishable under Sections 323, 324, 504, 307 read with 34 of IPC.
2. Heard the arguments of the learned counsel for the petitioners/accused Nos.1 to 4 and also the learned High Court Government Pleader for the respondent-State.
3. It is alleged by the complainant that when he was grazing sheep in the land of Garemane Gowdru on 17.12.2018, the 1st petitioner being wife of the complainant and petitioners 2 and 3 are the parents of the 1st petitioner and petitioner No.4 is the brother of the 1st petitioner came and picked up quarrel with the complainant, assaulted with hands, legs, abused him in a filthy language. Petitioner No.4 assaulted on the back of the complainant with stick and caused injuries. Thereafter, Petitioner Nos. 2 and 3 made him to drink poison forcibly. At that time, one Rudrappa S/o Ramappa came to the spot and pacified the quarrel and admitted the complainant to District Hospital, Chitradurga. On the basis of the complaint, a case has been registered for the said offences.
4. Learned counsel for petitioner submits that petitioner No.1 and complainant were residing separately more than 15 years. There was no quarrel between them. They are falsely implicated to this case. It is further submitted that the alleged offences are not punishable either with death or imprisonment for life and further submits that they are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, learned counsel for the petitioners prayed to allow the petition and to release the petitioners/accused Nos.1 to 4 on bail.
5. Per contra, learned HCGP objected for bail and submitted that investigation is not yet completed. Accused persons made the complainant to drink the poison forcibly and assaulted him and caused injuries. Poison bottle was sent to the FSL and awaited for report. Hence, prayed for dismissal of the petition.
6. Upon hearing the arguments, it is clear that victim has already been discharged from the hospital and poisonous bottle was sent to the FSL and report is awaited. The offences are not punishable with death or imprisonment for life. Therefore, considering the facts and circumstances of the case, the petition deserves to be allowed.
Accordingly, the criminal petition is allowed.
The respondent–Police are directed to release the petitioners/accused Nos.1 to 4 on bail in the event of their arrest for the offences punishable under Sections 323, 324, 504, 307 read with Section 34 of the I.P.C., registered by the respondent–Police Station in Crime No.410 of 2018, subject to the following conditions:
(i) Petitioners/Accused Nos.1 to 4 shall execute a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) each with a solvent surety for the likesum to the satisfaction of the Investigating Officer or the Magistrate;
(ii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioners shall make themselves available to the Investigating Officer for interrogation between 10.am to 5.00 pm, on every Monday, for three months or till filing of charge sheet whichever is earlier;
(iv) Petitioners are deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act,1872;
(v) Petitioners shall appear before the concerned Court within fifteen days from the date of their arrest by the Investigating Officer and to move for regular bail.
JS/-
SD/- JUDGE