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.7985/2018 BETWEEN:
Poluru Jayarama S/o Chape Durugappa Aged about 39 years Agriculturist, R/o Pavanapura Village Harapanahalli Taluk Davanagere District-577 601.
(By Sri S.G.Rajendra Reddy, Advocate) AND:
The State by S.H.O.
by Arasikere Police Station Harapanahalli Circle Davanagere District Represented by State Public Prosecutor High Court Building 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.87/2018 of Arasikere Police Station, Davanagere District, for the offences punishable under Sections 143, 147, 148, 323, 325, 324, 326, 307, 341, 302 and 504 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.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.87/2018 of Arasikere Police Station for the offences punishable under Sections 143, 147, 148, 323, 325, 324, 326, 307, 341, 302 and 504 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 gist of the complaint is that there was a family dispute between the petitioner/accused No.1, accused No.2 and CW.13 and they also involved in fake gold business. Many a times father of the complainant also opposed their activities and advised them. Because of that they developed a grudge against the deceased. In that light on 4.3.2018 at about 5.30 p.m. while the deceased and his family members were returning from the temple, near the school all the accused persons came along with lethal weapons and chilli powder and abused them with filthy language and they poured chilli powder. At that time, it is accused No.1 assaulted the deceased with long on his right shoulder and on head and when the other persons came there to rescue the deceased, at that time, the remaining accused persons also assaulted them and caused the injuries. Immediately the injured was shifted to hospital, there the doctor declared him as dead. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already charge sheet has been filed and out of 18 accused persons 17 accused persons have been released on bail. The petitioner/accused No.1 is languishing in the jail since from 5.3.2018. He is not required for the purpose of further investigation or interrogation. He further submitted that the death of the deceased is due to profused bleeding and not because of the assault. The petitioner/accused was not having any intention to cause the death of the deceased. 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 the petitioner/accused is the prime accused who has carried the long and assaulted on the shoulder and head of the deceased. There are specific overt acts alleged against the petitioner/accused and even the said statement of the eyewitnesses corroborates with the opinion given in the post mortem report. The petitioner/accused is involved in the serious offence which is punishable with death or imprisonment for life. Hence, he is not entitled to be released on bail. 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. On close reading of the contents of the complaint and other materials including the statement of the witnesses, it clearly goes to show that it is the petitioner/accused No.1 who has assaulted with long on the shoulder and on the head of the deceased and as a result of the said assault he had profused bleeding and even the doctor who conducted the post mortem has opined that the deceased died due to hemorrhage as a result of injury sustained to the right shoulder and head. There is corroboration with the statement of the eyewitnesses, the complaint and the post mortem report. Under the said facts and circumstances, I feel that it is not a case to release the petitioner/accused on bail.
Only on the ground that he is languishing in the jail since from 5.3.2018, though it is submitted that the other accused persons have already been released on bail, but depending upon the overt acts of those accused persons they have been released on bail. The parity ground is not available as against the petitioner/accused No.1.
Accordingly, the petition is dismissed. The Court below is directed to expedite the trial.
Sd/- JUDGE *AP/-