IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5209/2017 BETWEEN:
1. Shri Raju S/o Ganesha Aged 21 years R/o Beside Pattaladamma Temple Halahalli Slum Board Mandya City-571 401.
2. Shri Guru S/o Ganesha Aged 21 years R/o Near Pattaladamma Temple 2nd Cross, Halahalli Slum Board Mandya City-571 401. ... PETITIONERS (By Ms. Maitreyi, Adv. for Sri Clifton D’ Rozario, Adv.) AND:
State of Karnataka Represented by Mandya East Police Station Mandya, Represented by the State Public Prosecutor High Court Building Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.159/2015 (C.C.No.2034/2015) (S.C.No.1/2016) of Mandya East P.S., Mandya District for the offences P/U/Ss 143, 147, 148, 323, 324, 341, 114, 504, 506, 307, 302 read with Section 149 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioners/accused Nos.4 and 5 under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 114, 504, 506 r/w Section 149 of IPC registered in respondent – police station Crime No.159/2015. The respondent-police after completing investigation filed charge sheet for the offences punishable under Sections 506, 341, 504, 143, 147, 148, 323, 324, 114, 306, 307 r/w Section 149 of IPC, but after the death of the injured-complainant, the offence under Section 302 of IPC was also inserted in the case.
2. Brief facts of the prosecution case as per the complaint averments are that on 30.8.2015 at about 8.00 p.m. when the complainant was standing near Bili Hendathi shop accused Nos.1 to 7 went there and started quarreling with him saying that his wife refused to give scooter. As per the allegations, accused No.1 assaulted the complainant by knife behind the ear; accused No.2 kicked him by legs on his waist; accused No.4 held the complainant; accused No.5 kicked the complainant’s mother-in-law; accused No.6 held the complainant and accused No.7 held the complainant and instigated other accused to assault the complainant. On the basis of the said complaint case was registered for the above said offences and after the demise of the complainant the offence under Section 302 of IPC was included.
3. Heard the arguments of the learned counsel appearing for the petitioners-accused Nos.4 and 5 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and entire charge sheet material, so also, the order of the learned Sessions Judge, Mandya rejecting the bail application of the petitioners.
5. Perusing the complaint averments it is seen that accused No.4 caught hold the complainant and accused No.5 kicked the mother-in-law of the complainant and not the deceased. Apart from that, the factual matrix of case shows that the incident took place on 30.8.2015 and on 2.10.2015 injured has been discharged from the hospital and on 24.11.2015 injured passed away. Further the post mortem report and the opinion of the Doctor regarding cause of death is not consistent with the case of the prosecution that these petitioners are responsible for causing the death of the deceased. Petitioners have contended that they are innocent and are not involved in committing the alleged offences. They are ready to abide by any reasonable conditions to be imposed by the Court. Hence, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioners.
6. Accordingly, petition is allowed.
Petitioners/accused Nos.4 and 5 are ordered to be released on bail for the offences punishable under Sections 506, 341, 504, 143, 147, 148, 323, 324, 114, 306, 307, 302 r/w Section 149 of IPC registered in Crime No.159/2015, subject to the following conditions:
i. Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each and furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners shall appear before the concerned Court regularly.
Sd/- JUDGE bkp