IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.9042/2018 BETWEEN:
Kariyappa S/o late Dodda Shambegowda Aged about 50 years Residing at Chambalakkidoddi Village Uyyamblli Hobli, Kanakapura Taluk Ramanagara District-562 126.
(By Sri S.G.Lokesh, Advocate) AND:
State by Kodihalli Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.97/2018 of Kodihalli Police Station, Ramanagara, for the offences punishable under Sections 120(B), 143, 147, 148, 506(B), 302 r/w. Section 149 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 has been filed by the petitioner/ accused No.4 under Section 439 of Cr.P.C. to release him on bail in Crime No.97/2018 of Kodihalli Police Station for the offences punishable under Sections 120(B), 143, 147, 148, 506(B), 302 r/w 149 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The brief facts of the prosecution case are that the deceased and wife of accused No.1 eloped from the house and after one week they came back. As the reputation of the family of accused No.1 was disreputed, accused Nos.1 to 8 conspired together and decided to take away the life of the deceased Nanjaiah. On 09/06/2018 at about 7.00 p.m., accused persons dragged the deceased from his house. Accused Nos.1 to 4 lifted the deceased and took him to nearby Kabbalamma temple. Accused No.1 assaulted on his back and made him to fall on the ground, accused Nos.5 and 6 provoked to break his legs, accused Nos.7 and 8 abused him in filthy language. At that time, accused No.1 held the hands and legs of the deceased and squeezed his hands and legs, accused Nos.2 and 3 held him without giving him an opportunity to escape, accused No.2 assaulted the deceased with an iron rod on his leg severely. Accused Nos.7 and 8 have also beaten the deceased and went away from that place. Thereafter, the injured/victim was taken to Kanakapura Government Hospital for First Aid and thereafter to Victoria Hospital on 11/06/2018, where he succumbed to the injuries. On the basis of the complaint, a case has been registered against accused persons for the offence punishable under Sections.120(B), 143, 147, 148, 506(B), 302 read with 149 of Indian Penal Code.
4. It is the submission of the learned counsel for the petitioner that investigation has been completed and charge sheet has been filed. No specific overt acts have been attributed against petitioner/accused No.4. There is delay in filing the complaint. Though there are eyewitnesses they have not filed any complaint. He further submitted that all the witnesses are related witnesses and in no way the petitioner/accused No.4 is connected to any of the family members who have suffered with the injuries. He further submitted that the only allegation made in the charge sheet is that he was present at the place of incident No specific overt act or assault have been committed by the petitioner/accused and he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there are six eyewitnesses to the alleged incident and they have categorically stated the presence of petitioner/accused at the place of incident. The petitioner/accused has grappled the deceased, to see that he should not escape from the place. She further submitted that the iron rod has been seized by the police at the instance of the petitioner/accused. She further submitted that the petitioner/accused has conspired with the other accused persons and committed murder of the deceased. On these grounds she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. The records reveals that it is accused Nos.1 to 3 who have assaulted the deceased and caused injury to his leg and on other parts of the body. As could be seen from the statement of the eyewitnesses and the other material, the presence of the petitioner/accused is disclosed, but no other overt acts have been stated. Even the only allegation which has been made is that the petitioner/accused had grappled the deceased, to see that the deceased should not escape from the said place. Even already accused Nos.6 and 7 have been released on bail by this Court in Criminal Petition No.5/2019. On the ground of parity, the petitioner/accused is also entitled to be released on bail.
8. Taking into consideration the above said facts and circumstances, the petition is allowed and the petitioner/accused No.4 is ordered to be released on bail in Crime No.97/2018 of Kodihalli Police Station, for the offences punishable under Sections 120(B), 143, 147, 148, 506(B), 302 r/w 149 of IPC, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall mark his attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
iv) He shall not leave the jurisdiction of the Court without prior permission.
v) He shall attend the Court regularly.
Sd/- JUDGE *AP/-