IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE Mrs. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8264/2018 C/W CRIMINAL PETITION NOs.8457/2018 AND 8174/2018 IN CRL.P.NO.8264/2018 BETWEEN:
MR. MADHUSUDHAN @ MADHU S/O MR.RAMACHANDRA, AGED 45 YEARS, BUSINESSMAN, R/AT BAMBOO BAZAAR, BEHIND JAIL, HASSAN-573 201.
(ACCUSED NO.6, IN CR.NO.375/2018 OF HASSAN TOWN P.S., HASSAN) ... PETITIONER (BY SRI SHIVAKUMAR.N, ADVOCATE) AND:
STATE OF KARNATAKA BY HASSAN TOWN POLICE, HASSAN, THROUGH THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP) IN CRL.P.NO.8457/2018 BETWEEN:
SRI SUSHEELE GOWDA, S/o BORE GOWDA, AGED ABOUT 56 YEARS, R/AT HEMAVATHINAGARA, 2ND MAIN, 6TH CROSS, HASSAN TOWN, HASSAN – 573 201. ... PETITIONER (BY SRI DINESHKUMAR K RAO, ADVOCATE ) AND:
THE STATE OF KARNATAKA, BY HASSAN CITY POLICE STATION, REPRESENTED BY S P P, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. ... RESPONDENT (BY SRI K.P.YOGANNA, HCGP) IN CRL.P.NO.8174/2018 BETWEEN:
1. SRINIVAS @ SRINIVAS MURTHY, AGED ABOUT 54 YEARS, S/o. SIDDAPPA, 2. RAVI, AGED ABOUT 38 YEARS, S/O SRINIVAS MURTHY, BOTH ARE RESIDING AT NO.32119, NAWAITHVADI BIG MASJID ROAD, BAMBU BAZAR, HASSAN – 573 201.
3. NAGARAJ, AGED ABOUT 48 YEARS, S/o SIDDAPPA, R/o BALEGARARA STREET, HASSAN – 573 201. ... PETITIONERS (BY SRI M.T.NANAIAH, SR. COUNSEL FOR SRI MRC. MANOHAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY HASSAN CITY POLICE STATION, HASSAN, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE – 560 001.
2. YOGESHWARI KOM MAHADEV, AGE: 35 YEARS, MEDAR COMMUNITY, HOUSE HOLD WORK, BAMBOO BAZAAR, BEHIND FISHERIES DEPARTMENT, NEAR JAIL, HASSAN – 573 201. ... RESPONDENTS (BY SRI K.P.YOGANNA, HCGP) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.375/2018 OF HASSAN CITY POLICE STATION, HASSAN DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 323, 324, 448, 302 R/W 149 OF IPC AND SECTION 3(2)(V) OF SC/ST (POA) ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners in these petitions are accused nos. 1 to 4 and 6 in Crime No.375/2018 of Hassan Town Police Station. Said case is registered against the petitioners for the offence punishable under Sections 143, 147, 148, 323, 324, 448 and 302 r/w Section 149 of IPC, on the basis of the complaint of one Smt. Yogeshwari wife of Mahadev.
2. It is alleged that on 18.9.2018 at 3.30 p.m., accused being members of an unlawful assembly armed with clubs, trespassed into the house of the complainant to assault her brother-Kiran. It is further alleged that when her mother tried to avert the incident, accused Nos. 1 and 3 assaulted her with clubs. It is alleged that when her husband and her father intervened, accused assaulted them also and then they assaulted Kiran with clubs and bricks and caused his death.
3. Since deceased Kiran and complainant belonged to scheduled caste, later the respondent police have invoked Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. The Sessions Court dismissed the anticipatory bail application filed by accused No.6.
4. Sri. M.T. Nanaiah, Senior counsel for Sri MRC Manohar, learned counsel for petitioners in Crl.P.No.8174/2018, Sri. Dineshkumar Rao, learned counsel appearing for petitioner in Crl.P.No.8457/2018; and Sri. Shivakumar N, learned counsel appearing for the petitioner in Crl.P.No.8264/2018 submit that in the FIR absolutely there are no allegations of caste discrimination.
5. Sofar as accused No.6, learned counsel submits that his identity is in question. The petitioners counsel further submit that the alleged incident has occurred in the spur of a moment without any premeditation and petitioners are ready to co-operate for the trial. They further submit that the deceased Kiran indulged in the altercation which lead to the incident.
6. Learned HCGP submits that the case is based on the evidence of the injured eye witnesses.
7. Petitioners and the complainant belong to same place. In the complaint itself, complainant has named all the petitioners as assailants. The records show that the complainant and her mother had suffered injuries in the incident. Post mortem report shows that the death was homicidal one. The case is still at the investigation stage.
8. Having regard to the material on record and the gravity of the offence and the fact that the case is still at investigation stage, these are not fit cases to grant anticipatory bail. Therefore, the petitions are dismissed.
Sd/- JUDGE psg*