IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.5979/2019 BETWEEN:
Parashuram Gorali, S/o. Logamappa, Aged about 25 years, R/at Chikkaladini, Hukkeri Taluk, Belagavi District -89. …Petitioner (By Sri. Pratheep K.C., Advocate) AND The State of Karnataka, Rep.by Sira Police Station, Tumkur District. …Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.459/2018 of Sira Police Station, Tumakuru for the offences punishable under Sections 143, 147, 342, 323, 324, 302, 504, 149 of IPC.
This Criminal Petition is coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner/Accused No.4 under Section 439 of Code of Criminal Procedure praying to enlarge him on bail in Crime No. Cr.No.459/2018 of Sira Police Station, Tumakuru for the offences punishable under Sections 143, 147, 342, 323, 324, 302, 504, 149 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 02.12.2018 the complainant and the deceased joined as drivers. When they were traveling in a tanker lorry bearing Reg.No.KA- 22-C5788 on 10.12.2018, the said lorry was loaded with the motorcycle rims to unload them at Chennai and when they left Pune the said lorry came near Sira at 1.00 a.m. on 11.12.2018, it met with an accident. The same was informed to the owner of the lorry. On 12.12.2018 at about 6.00 a.m. the owner of the lorry along with his friends, i.e., accused Nos. 1 to 5 came to the spot and abused the complainant and the deceased in filthy language and accused No.1 assaulted the complainant and the deceased with a club and caused injuries. It is further alleged that other accused persons have also assaulted the complainant and the deceased. It is further alleged that they went to the Police Station and lodged the complaint and thereafter again the said persons took both the complainant and the deceased to the spot and they abused them in filthy language and assaulted them and they kept them in tanker. On 13.12.2018 all the four persons came to the spot and assaulted the complainant and the deceased. At about 1.00 p.m. they came and opened the door of the tanker. They felt that the complainant and the deceased were tired and immediately they were taken to the Government Hospital, Sira for treatment. Due to failure of the treatment the deceased died at 2.15 p.m. On the basis of the complaint, a case has been registered.
4. It is the submission of learned counsel for the petitioner that already this Court has released accused Nos. 2 and 3. On similar facts and circumstances of the case and on the ground of parity petitioner/accused No.4 is liable to be released on bail. It is the submission of the learned counsel for the petitioner that already charge sheet has been filed and the petitioner was not having any intention of causing death of the deceased. The death is due to asphyxia as a result of respiratory arrest, as a result of hemorrhage shock and due to the injuries sustained. It is his further submission that petitioner/accused No.4 is ready to abide by any condition that may be imposed by this Court and ready to offer sureties. On these grounds he prayed to allow the petition.
5. Per contra, learned HCGP vehemently argued and submitted that earlier, accused No.4 has approached this Court and this Court after considering the materials placed on record has dismissed the application with liberty to move for bail after examination of the material witnesses. He further submitted that there are no changed circumstances to release the petitioner/accused No.4 on bail. Further submitted that there is nexus material to show that the petitioner/accused No.4 caused injuries to the victim and subsequently he succumbed to the injuries. Postmortem report also corroborate with the contention of the complainant. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the arguments of learned counsel for petitioner and learned HCGP in this behalf and perused the records.
7. On close reading of the contents of the charge sheet material, it indicates that accused persons after intimation about the accident came to the spot on 12.12.2018 at about 6.00 a.m. The deceased and the complainant were sleeping and they woke them up and assaulted by taking the club which was lying by the side and pulled up by holding their hair and have also assaulted with hands over the chest, stomach and other parts of the body of complainant as well as the deceased and thereafter they slept at about 3.45 a.m. They have taken the deceased and the complainant to Sira Police Station and there the deceased filed the complaint. The next incident has taken place on the morning of 13.12.2018 at about 6.00 a.m. At that time, accused Nos. 3 and 4 assaulted the deceased and stamped the victim.
8. Without expressing anything on the merits of the case, as could be seen from the records, already the co-ordinate Bench of this Court has released accused No.3 in Crl.P.No.2307/2019 dated 13.08.2019 and accused No.2 also released in Crl.P.No.2557/2019 dated 06.09.2019. On the ground of parity petitioner/accused No.4 is also entitled to be released on bail in Cr.No.459/2018 of Sira Police Station, Tumakuru for the offences punishable under Sections 143, 147, 342, 323, 324, 302, 504, 149 of IPC subject to the following conditions:
i) The petitioner/accused No.4 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 be regular in appearing before the Court below till the trial is concluded.
Sd/- JUDGE BVK