IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.301/2019 BETWEEN :
1. Shri. Santhosh Navakodi S/o Shivappa Aged about 28 years Occ: Agriculturist R/o. Yamakanamaradi R.C. Hukkeri Taluk, Belagavi District-591 246.
2. Shri. Parashuram Gorali S/o Lagamappa Aged about 25 years Occ: Agriculturist R/o. Chikkaladini, Hukkeri Taluk Belagavi District-590 005.
3. Shri. Adiveppa Gujanal S/o Basappa Aged about 25 years Occ: Agriculturist R/o. Islampur, Hukkeri Taluk Belagavi District-591 243.
(By Sri Srinand A. Pacchapure & Sri A.B. Koni, Advocates) … Petitioners AND :
The State of Karnataka through Sira Police Station Tumakuru District-572 137 Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Sri M. Divakar Maddur, HCGP) … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.459/2018 of Sira Police Station, Tumakuru, for the offences punishable under Sections 143, 342, 323, 324, 302, 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 is filed by the accused Nos.2, 4, and 5 under Section 439 of Cr.P.C. praying to release them on bail in Crime No.459/2018 of Sira Police Station for the offences punishable under Sections 143, 342, 323, 324, 302, 504 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 2.12.2018 the complainant and the deceased joined as drivers. When they were travelling in a tanker lorry bearing Regn.No.KA-22-C-5788 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 the 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 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 the learned counsel for the petitioners that it is accused No.1 who has assaulted with club and there is no specific overt act alleged against the petitioners-accused Nos.2, 4 and 5. He further submitted that the present petitioners have only accompanied accused No.1 and they were not having any intention to cause the death of the deceased. He further submitted that the accused persons have only assaulted with hands and have not caused any injuries to the victims. By relying upon the post-mortem report, he further submitted that the death is due to asphyxia, as a result of respiratory arrest as a result of haemorrhage shock due to the injuries sustained and there is no nexus between the death of the deceased and the assault committed by the accused persons. On these grounds he prayed to allow the petition and to release the petitioners.
5. Per contra, the learned HCGP vehemently argued and contended that the petitioners along with accused No.1 came and abused the deceased in filthy language and caused the injuries by assaulting them. The deceased has succumbed to the injuries. There is a nexus material to show that the deceased died due to assault committed by the petitioners. Accused persons altogether have assaulted and caused the injuries. There is material to show that the petitioners are involved in a heinous offence which is punishable with death or imprisonment for life. 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 and the charge sheet material which is made available before this Court.
7. On close reading of the contents of the charge sheet material, it clearly indicates that it is accused Nos.2 and 4 who have also assaulted the deceased along with accused No.1 and even they have kicked on the stomach and chest of the deceased. In so far as accused No.5 is concerned, he has only assaulted the victim that too only the complainant. Taking into consideration the facts and circumstances of the case, I feel that there is no material to connect accused No.5-petitioner No.3 herein in respect of the death of the deceased. As against accused Nos.2 and 4 there is material. In that light, I pass the following order:-
Petition filed by accused Nos.2 and 4, i.e., petitioner Nos.1 and 2 herein is dismissed and petition filed by accused No.5-petitioner No.3 allowed. Accused No.5-petitioner No.3 herein is ordered to be released on bail in Crime No.459/2018 of Sira Police Station for the offences punishable under Sections 143, 342, 323, 324, 302, 504 r/w. Section 149 of IPC., subject to the following conditions:-
i) Accused No.5 - Adiveppa Gujanal, Petitioner No.3 herein 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 trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall be regular in appearing before the trial Court till the trial is completed.
Accordingly, petition is partly allowed.
Liberty is given to accused Nos.2 and 4 – petitioner Nos.1 and 2 herein to move for bail after examination of the material witnesses.
Sd/- JUDGE *ck/-