IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7605/2019 BETWEEN 1. LOKESH @ LOKI S/O LATE KRISHNA AGED 18 YEARS R/AT 23/104, UPPARA BEEDHI CHAMARAJNAGAR TOWN – 571 111 2. GURU @ CHAPATI S/O LATE SIDDASHETTI AGED 19 YEARS, MASON R/AT 18/170, 1ST CROSS NEAR BY GARADIMANE KELAGADE UPPARABEEDHI CHAMARAJNAGAR TOWN – 571 111 3. KIRAN @ CAKE S/O LATE SOMU AGED 20 YEARS, MASON R/AT 164, MAHADESHWARA EXTN., 19TH WARD CHAMARAJNAGAR TOWN – 571 111 ... PETITIONERS (BY SRI. Y.S. SHIVA PRASAD, ADVOCATE) AND STATE OF KARNATAKA BY CHAMARAJANAGAR RURAL P.S REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAI IN CR.NO.102/2019 OF CHAMARAJANAGAR RURAL POLICE STATION, CHAMARAJANAGAR DISTRICT FOR THE OFFENCE P/U/Ss. 448, 504, 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos. 2 to 4 in Crime No.102/2019 of the respondent- Police Station registered against them for the offence punishable under Sections 448, 504, 302 r/w. 34 of IPC, which is now pending on the file of Principal Civil Judge (Jr.Dn.) and JMFC at Chamarajanagar.
3. The brief facts of the case are that, a lady by name Smt. Nagamma, lodged a complaint stating that, she has been residing along with her husband and son Mahesh @ Madhu at Uppar Hosbadavane, Santhe Marali Main Road, Chamarajanagar Town. On 24.09.2019, the deceased Mahesh came to the house at 7.30 p.m. and he went to the house of one Sharadamma for the purpose of watching TV. On the same day at about 8.00 p.m., the accused persons came in two motor cycles and parked their vehicles in front of her house claiming that the deceased has insulted them by hitting them with coconut at temple while performing pooja and therefore, they want to teach him a lesson. On receiving the information that the deceased had been to the house of Sharadamma, the accused persons went there and caught hold the shirt collar of the deceased and dragged him out side the house of Sharadamma and it is alleged that the accused persons have assaulted him with hands and kicked him with legs. It is specifically stated that, Accused No.1-Mahesh has squeezed the neck of the deceased and while shifting to the hospital, he died.
4. The above said allegation does not clearly show the intention of the accused persons and that has to be ascertained during the course of full- dressed trial. Particularly the allegations are that, Accused No.1 has actually squeezed the neck of the deceased. These petitioners (A2, A3 & A4) were alleged to have assaulted with their hands and legs on various parts of the body of the deceased. Perhaps the overt-acts attributed against these petitioners are not sufficient to cause death of a person. The Post-Mortem report divulge that the death was due to asphyxia as a result of manual throttling. As could be seen from the complaint averments, the entire allegations are made mainly against Accused No.1. Therefore, it has to be ascertained as to Accused Nos. 2 to 4 were really intended to do away with the life of the deceased and whether in furtherance of their common intention Accused No.1 has squeezed the neck of the deceased, has to be thrashed-out during the course of full- dressed trial.
5. In the above said circumstances, I am of the opinion that the petitioners have made-out a ground for grant of bail. Hence, following,-
ORDER The Petition is allowed. Consequently, the petitioners (A2, A3 & A4) shall be released on bail in connection with Crime No. 102/2019 of respondent-Police Station for the offence punishable under Sections 448, 504, 302 r/w. 34 of IPC, which is now pending before the Court of Principal Civil Judge (Jr.Dn.) and JMFC at Chamarajanagar, subject to the following conditions:
(i) Each of the petitioners shall execute their personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
Sd/- JUDGE KGR*