IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.9650/2018 c/w.
CRIMINAL PETITION No.9651/2018 IN CRL.P. NO.9650/2018:
BETWEEN:
Santhosh S/o Nageshappa Aged about 24 years Residing at Madhanabhavi Village Nyamathi Taluk Davanagere District-577 223. (By Sri C.N.Raju, Advocate) AND:
State by Nyamathi Police Devanagari.
Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001.
(By Sri K.P. Yoganna, 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.192/2018 of Nyamathi Police Station, Davanagere for the offences punishable under Sections 143, 147, 323, 324, 307 and 506 r/w Section 149 Indian Penal Code.
IN CRL.P. NO.9651/2018: BETWEEN:
1. Nageshappa S/o Siddappa Aged about 62 years Residing at Madhanabhavi Village Nyamathi Taluk Davanagere District-577 223.
2. Smt. Girijamma W/o Nageshappa Aged about 55 years Residing at Madhanabhavi Village Nyamathi Taluk Davanagere District-577 223.
3. Smt. Deviramma W/o Halappa Aged about 60 years Residing at Madhanabhavi Village Nyamathi Taluk Davanagere District-577 223.
4. Smt. Kamakshi W/o Maheshwarappa Aged about 60 years Residing at Madhanabhavi Village Nyamathi Taluk Davanagere District-577 223.
5. Maheshwarappa S/o Erappa Aged about 48 years Residing at Kotemalluru Village Honnali Taluk Davanagere District-577 233. (By Sri C.N. Raju, Advocate) AND:
State by Nyamathi Police Devanagari.
Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001.
… Petitioners … Respondent (By Sri K.P. Yoganna, 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.192/2018 of Nyamathi Police Station, Davanagere for the offences punishable under Sections 143, 147, 323, 324, 307 and 506 r/w Section 149 Indian Penal Code.
These Criminal Petitions coming on for Orders, this day the Court made the following:-
O R D E R Criminal Petition No.9650/2018 has been filed by petitioner/accused No.1 under Section 439 of Cr.P.C. Criminal Petition No.9651/2018 has been filed by petitioners/accused Nos.2 to 6 under Section 438 of Cr.P.C. to release them on bail in Crime No.192/2018 of Nyamathi Police Station, Davanagere for the offences punishable under Sections 143, 147, 323, 324, 506, 307 r/w 149 of IPC.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that, on 1.11.2018 at about 3.00 p.m. when the complainant was cutting down the broom sticks which were grown by the side of the ridge, by that time by seeing the cutting down of the broom sticks, the adjacent land owner i.e. accused No.2, his wife and son who were doing the work in their land came near the land of the injured complainant and questioned about as to why they were cutting down the broom sticks and in that way altercation took place between the complainant and the accused persons and at that time they threatened him with dire consequences to his life. Thereafter, the said fact was informed to the son of the complainant, while the son of the complainant came near the house of the accused to question about the incident, by that time all the accused persons by constituting unlawful assembly assaulted with hands and the complainant along with his wife rushed to rescue their son, at that time accused No.2 pushed the complainant, complainant fell down in the sewage. At that time, by hearing the hue and cry, some village persons came there and while they were pacifying the quarrel, accused No.3 went inside the house and brought a knife and handed over the same to accused No.1 and accused No.1 stabbed the son of the complainant, as a result of the same he sustained grievous injuries, then the injured was shifted to the Government hospital at Honnali and the statement of the injured was recorded and a case has been registered.
4. It is the submission of the learned counsel for the petitioners that the injured and the accused persons are the relatives and there were civil disputes pending in between the parties. He further submitted that only with an intention to falsely implicate, a false case has been registered. He further submitted that the incident occurred in a spur of moment and there is no intention. It is the injured and his son came to the house of the accused and started quarreling and in that event the alleged incident has taken place. He further submitted that the injured has been got admitted on 2.11.2018 and discharged on 20.11.2018. The injuries suffered are simple in nature and he is out of danger. They are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petitions and to release them on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the injured has sustained grievous injuries. There are eyewitnesses to the alleged incident and if the petitioners/accused are enlarged on bail, they may tamper with the prosecution evidence and they may threatened the injured and the eyewitnesses. He further submitted that there is again alteration between the parties. On these grounds, he prayed to dismiss the petitions.
6. I have carefully and cautiously gone through the submissions made by the learned counsels appearing for the parties and I have perused the records.
7. On going through the records it indicates that the injured and the accused No.1 are the brothers and a civil disputes are also pending between the parties. Even as could be seen from the contents of the complaint it is the son of the complainant went and quarreled and there the alleged incident has taken place. Even as could be seen from the medical certificate of Kasturba Hospital, Manipal, injuries No.1 and 2 are lacerated would and injury No.4 is also simple injury and the another injury is grievous in nature. It is also revealed that injured has already been discharged on 20.11.2018 and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. Under the above facts and circumstances, I feel, if by imposing some stringent conditions, if the accused petitioners are enlarged on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, both the petitions are allowed. Petitioner/accused No.1 in Criminal Petition No.9650/2018 is ordered to be released on bail in Crime No.192/2018 of Nyamathi police station for the offences punishable under Sections 143, 147, 323, 324, 307 and 506 r/w 149 of IPC, subject to the following conditions:
i) Petitioner/accused No.1 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 in any manner till the disposal of the case.
iii) He shall attend the trial Court on all dates of hearing.
iv) He shall not leave the jurisdiction of the trial Court without prior permission of the Court.
v) He shall not indulged in similar type of criminal activities.
Petitioners/accused Nos.2 to 6 in Criminal Petition No.9651/2018 are granted anticipatory bail, in the event of their arrest in Crime No.192/2018, subject to the following conditions:-
i) Each of the petitioners shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Agency.
ii) They shall surrender before the Investigating Agency within fifteen days from today.
iii) They shall co-operate with the Investigating Agency as and when required.
- 10 -
iv) They shall not tamper with the prosecution evidence in any manner.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
vi) They shall not indulged in similar type of criminal activities.
Sd/- JUDGE *AP/-