IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.646/2019 BETWEEN :
1. Prakash S/o Nandibasappa Aged about 38 years 2. Hanumanthappa S/o Bhimappa Aged about 52 years 3. Nandigouda S/o Hanumanthappa Aged about 28 years 4. Ravi S/o Nandibasappa Aged about 40 years 5. Smt. Nandemma W/o Nandibasappa Aged about 75 years All are Agriculturist R/o. Kamathahalli Village Harapanahalli Taluk Bellary District-583 125.
(By Sri K.N. Jayaprakash, Advocate) … Petitioners AND :
The State of Karnataka by Arasikere Police Station Harapanahalli Taluk Represented by its State Public Prosecutor High Court Building Bengaluru-560 001 … Respondent (By Sri S.T.Naik, 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 Crime No.1/2019 of Arasikere Police Station, Davanagere District, for the offences punishable under Sections 143, 147, 148, 323, 324, 504, 307, 354-A, 506 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 is field by accused Nos.1 to 5 under Section 438 of Cr.P.C. to grant them anticipatory bail in Crime No.1/2019 of Arasikere Police Station for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 354A, 504, 506 r/w. Section 149 of IPC.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 30.12.2018 at about 6.00 p.m. complainant asked accused No.1 near Anjaneya Temple about the incident which was taken place about 8 to 10 days back that his wife had been to Cattle shed in order to put water at that time accused No.1 tried to hold her, at that time, accused No.1 abused the complainant in filthy language, assaulted him by means of machete and other accused persons with an intention to commit the murder of the complainant assaulted him with cart pegs and caused grievous injuries. Then one Halesh came there in order to rescue the complainant and he was also assaulted with cart peg causing injuries. Even accused No.3 tried to wrap a towel to the neck of Halesh and tried to kill him and other accused persons also assaulted him with stone, bricks and caused the injuries. Immediately thereafter the injured were taken to Government Hospital at Arasikere and a case has been registered in this behalf.
4. It is the submission of the learned counsel for the petitioners that there are case and counter case registered against the petitioners and the complainant. In respect of the counter case a case has been registered in Crime No.2/2019 and as counter blast, the present complaint has been filed. He further submitted that injured Manjunath, the complainant who got admitted on 30.12.2018 has been discharged from the hospital on 9.1.2019 and he is out of danger. He further submitted that injuries suffered by him are not grievous and are simple in nature. The other injured who has sustained simple injuries has taken treatment in the hospital and on the same day he has been discharged. The alleged offences are not punishable with death or imprisonment for life and the petitioners are ready to abide by conditions to be imposed by this Court and to offer sureties. He further submitted that marriage of the son of the second petitioner has been fixed on 4th March, 2019 and if the petitioners are not released, inconvenience will be caused to them. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioners-accused because of their previous animosity due to holding of the wife of the complainant by accused No.1, and when the complainant questioned accused No.1 about the incident, accused No.1 being enraged assaulted the complainant with an intention to cause grievous injuries and to take away his life and at that time other accused persons have also assaulted him with deadly weapons and caused grievous injuries. If the petitioners are granted bail they may commit similar type of criminal acts. He further submitted that the petitioners and the complainant are residing adjacently and if the petitioners they are released, there may be again clash between the parties. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records. It is an admitted fact that a case and a counter case have been registered against the petitioners and the complainant, that is a matter which has to be considered and appreciated at the time of trial as to who was the aggressor at the time of the alleged incident. As could be seen from the records, in the alleged incident, the complainant received injuries and was got admitted in the hospital. The injuries suffered by him are simple in nature and he has been discharged from the hospital on 9.1.2019 that itself would indicate the fact that he is out of danger and there is no threat to his life. Even the other injured has been treated and sent back on 30.12.2018. the remaining offences are not serious in nature. Under the facts and circumstances, I feel it just and proper that by imposing some stringent conditions, if the petitioners are released on granted anticipatory, it would meet the ends of justice.
Accordingly, petition is allowed. Petitioners- accused Nos.1 to 5 are released on anticipatory bail in the event of their arrest in Crime No.1/2019 of Arasikere Police Station for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 354A, 504, 506 r/w.
Section 149 of IPC, subject to the following conditions:-
i) Each of the petitioners shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) They shall surrender before the Investigating Officer within fifteen days from today.
iii) They shall co-operate with the Investigating Officer as and when required.
iv) They shall not tamper with the prosecution evidence directly or indirectly.
v) They shall mark their attendance before the jurisdictional police once in fifteen days till the charge sheet is filed.
vi) They shall not indulge in similar type of criminal activities.
Sd/- JUDGE *ck/-