IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2313/2019 BETWEEN:
1. Lokesh S.S.
S/o Sri. Shivaramaiah, Aged about 28 years, 2. Sri. Shivaramaiah S/o Sri. Lenkappa, Aged about 58 years, 3. Sri. Jayaramu S/o Sri. Lenkappa, Aged about 60 years, 4. Sri. Hanumantharaju S/o Sri. Jayaramaiah, Aged about 29 years, All are R/at Siddapura, Thippasandra Hobli, Magadi Taluk, Ramanagara District-562159. …Petitioners (By Sri.H.Rajanna, Advocate for Sri.G.Jairaj Advocate) AND:
The State of Karnataka, By Kuduru Police Station, Ramanagara District-562159. Represented by Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri.Honnappa., 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.44/2019 of Kuduru police station, Ramanagara for the offence punishable under Sections 143, 147, 148, 324 and 307 read with Section 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R 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.1 to 4 in Cr.No. 44/2019 of Kudur police station, Ramanagara for the offence punishable under Sections 143, 147, 148, 324 and 307 read with Section 149 of IPC.
3. The allegations against the petitioners and other accused persons are that on 17.02.2019 at about 8.00 am, when the complainant by name Sri.Hombegowda was performing pooja for the purpose of construction of house at Siddapura Village, Magadi Taluk, all the accused persons went there by forming unlawful assembly and assaulted the complainant and others with deadly weapons like chopper and wooden clubs etc., for which the complainant sustained injuries to his left shoulder. On the same day another complaint was filed by the 1st petitioner herein in Cr.No. 43/2019 of Kudur police station, Ramanagara for the offence punishable under Sections 143, 147, 148, 324 and 307 read with Section 149 of IPC. In the said case, charge sheet has been filed showing that the petitioners i.e., Lokesh, Shivaramaiah, Jayaramu and Hanumantharaju are the injured persons. But in this particular case, one Gangaswamaiah, Hombegowda, Shivamma and Rangegowda are the injured persons.
4. The learned counsel for the petitioners has produced the wound certificate of Gangaswamaiah who sustained only simple injuries. The above said factual aspect discloses that there is a case and counter case lodged by both the parties in Cr.Nos.43/2019 and 44/2019 respectively. In Cr.No.43/2019, the complainant- Hombegowda and other accused persons namely Gangaswamaiah, Shivamma and Rangegowda have approached the District and Sessions Court for grant of anticipatory bail and they are enlarged on bail by the I Addl. District and Sessions Judge, Ramanagara in Crl.Misc. No.107/2019 dated 22.03.2019. The present petitioners and other accused persons have also approached the III Addl. District and Sessions Judge, Ramanagara in Crl.Misc. No.95/2019 dated 08.03.2019 for grant of anticipatory bail but the Sessions Court granted bail in respect of accused Nos. 5 to 7 and rejected the bail petition so far as the petitioners-accused Nos.1 to 4 are concerned.
5. Looking to the above said facts and circumstances of the case, the common allegations are made against the accused persons and there is no distinct and separate allegations made with regard to the independent overtact of the accused persons in the First Information Report. Therefore, considering the rivalry between the two groups and also existence of the disputes between the parties with regard to the property, the Sessions Court ought to have enlarged these petitioners on bail. As such, under the aforesaid facts and circumstances, in my opinion, these petitioners are also entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners (accused Nos.1 to 4) shall be released on bail in the event of their arrest in connection with Cr.No. 44/2019 of Kuduru police station, Ramanagara for the alleged offences subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute their personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction without prior permission of the I.O., till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in fifteen days i.e.,on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE JS/-