IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.1053/2019 A/w.
CRIMINAL PETITION NO.1054/2019 CRIMINAL PETITION NO.1053/2019 BETWEEN 1. SRI AIYAPPA M..B, S/O BELLIYAPPA M.P., AGED ABOUT 24 YEARS R/AT HEBBATAGERI VILALGE MADIKERI TOWN KODAGU DISTRICT 5721 201.
2. NIKHIL ALVA K.S., S/O SURENDRA ALVA K.M., AGED ABOUT 21 YEARS R/AT GALIBEEDU VILALGE & POST, MADIKERI TOWN KODAGU DISTRICT 571 201.
... PETITIONERS (BY SRI PRATHEEP K.C., ADVOCATE) AND THE STATE OF KARNATAKA REP. BY MADIKERI TOWN POLICE KODAGU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 01.
(BY SRI M. DIVAKAR MADDUR, HCGP) CRIMINAL PETITION NO.1054/2019 BETWEEN SRI ACHAIAH A.S., S/O A.K. SUBRAMANI, AGED ABOUT 24 YEARS, R/AT BHAGAVATHI NAGARA MADIKERI TOWN KODAGU DISTRICT - 572 301.
(BY SRI PRATHEEP K.C., ADVOCATE) AND THE STATE OF KARNATAKA REP. BY MADIKERI TOWN POLICE KODAGU DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 01.
... RESPONDENT ... PETITIONER ... RESPONDENT (BY SRI A DIVAKAR MADDUR, HCGP) THESE CRIMINAL PETITIONS ARE FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.2/2019 OF MADIKERI TOWN POLICE STATION, KODAGU FOR THE OFFENCES P/U/SS.341, 324, 307 R/W 34 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Criminal Petition No.1053/2019 has been filed by accused Nos.2 and 3 and Criminal Petition No.1054/2019 has been filed by accused No.1 under Section 439 of Cr.P.C. to release them on bail in Crime No.2/2019 of Madikeri Town Police Station for the offences punishable under Sections 341, 324, 307 read with Section 34 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 12.01.2019 at about 8.15 p.m., the complainant had gone in a jeep along with one Chandan and when they were returning towards Madikeri Town, in the middle at Ganapathy Prathistapan place the accused persons wrongfully restrained the jeep and assaulted with reaper piece to the nose, forehead and eye of Chandan. It is further alleged that accused Nos.2 and 3 have also assaulted with iron rod to the left hand of the complainant and gave life threat to them. The complainant further discloses that the incident has happened at about 11.15 p.m., and thereafter the accused persons have ran away by taking the reaper pieces and iron rods.
4. It is the submission of the learned counsel for the petitioners that the petitioners are innocent and they have not committed any offence. The injured Chandan and the complainant having discharged from the hospital on 21.01.2019 they are out of danger. The offences are not punishable with death of imprisonment for life. The petitioners are ready to abide by any conditions and to offer sureties. On these grounds, he prayed to allow the petitions and to release the petitioners on bail.
5. Per contra, the learned HCGP submitted that there are eye-witnesses to the alleged incident and the complainant himself is the eye-witness to the incident and he has specifically stated the overt acts alleged by the accused persons. He further submits that there is prima facie materials against the petitioners, if they were released on bail they may tamper with the prosecution witness and they may not be available for the trial. He also submitted that because of the enmity between the accused and the complainant the petitioners/accused have assaulted the complainant and Chandan and caused grievous injuries. On these grounds, he prayed to dismiss the petitions.
6. I have carefully and cautiously gone through the submissions made by the parties and also perused the records, including the contents of the complaint.
7. As could be seen from the contents of the complaint it indicates that when the complainant and Chandan came near Ganapathy Prathistapana Place at that time the accused persons have wrongfully restrained and assaulted them with reaper piece and caused injuries. It discloses that the injuries suffered are simple in nature and the injured were discharged on 21.01.2019. Petitioners are not required for further investigation or interrogation. In the facts and circumstances of the case, I feel that, by imposing some stringent conditions, if the petitioners are ordered to be released on bail, it would meet the ends of justice.
8. Accordingly, the petitions are allowed and accused-petitioners are enlarged on bail in Crime No.2/2019 of Madikeri Town Police Station for the offences punishable under Sections 341, 324 and 307 read with Section 34 of IPC., subject to the following conditions:-
i) Each 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 trial Court.
ii) They shall not indulge themselves in similar type of activities.
iii) They shall not tamper with the prosecution evidence directly or indirectly and they shall not leave the jurisdiction of the trial Court without prior permission.
iv) In the event of tampering of the prosecution evidence by the accused, the prosecution is at liberty to move for cancellation of the bail.
Sd/- JUDGE Sbs*