IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2695/2019 Between:
Sri. Byregowda S/o. Chikkabasavegowda, Aged about 76 years, R/at Kanive Madapura Village, Maralawadi Hobli, Kanakapura Taluk, Ramanagara District 562 159. … Petitioner (By Sri. S. A. Ahmed, Advocate) And:
The State of Karnataka Harohalli Police Station, Kanakapura Taluk, Pin – 571 111. Rep. by Public Prosecutor High Court Building, Bengaluru 560 001. … Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to direct the respondent police to release the petitioner on bail in the event of his arrest in Crime No.209/2018 of Harohalli Police Station, Ramanagar, for an offence punishable under Sections 143, 323, 341, 306 r/w Section 149 of IPC.
This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER The petitioner-accused No.1 is seeking to be enlarged on bail in the event of his arrest in Crime No.209/2018 for the offences punishable under Sections 143, 323, 341, 306 read with Section 149 of IPC.
2. The case of the prosecution is that the complaint was lodged by one Kempegowda S/o Chikkabasavegowda alleging that the petitioner and her family were harassing the complainant as regards a land dispute, which led to the suicide of the wife of complainant. It is further stated that there was animosity between the family of complainant and the accused and about three years prior to the present incident, the son of the complainant had also died, for which it is alleged that the petitioner’s family was responsible. It is stated that on an earlier occasion, a complaint was filed and in this regard there used to be frequent altercations between the family of complainant and the petitioner. It is stated that on 05.07.2018 at around 5.30 p.m., when the complainant’s wife had gone to the garden land, the petitioner and the family members abused her and alleged to have assaulted her. It is stated that the wife of the complainant on the same day committed suicide by writing a letter implicating the petitioner and her family members as being responsible for her death.
3. The Sessions Court on an earlier occasion had dismissed the application filed by the petitioner and the other accused observing that there was a prima facie case made out and that enlarging the accused on anticipatory bail would hamper the investigation.
4. The learned counsel for the petitioner points out that Siddamma (accused No.2), Shivamma (accused No.4) and Jayasheela (accused No.6) have been enlarged on anticipatory bail as per the order dated 05.12.2018 passed in Crl.P.No.6073/2018. It is submitted that as the allegation against the present petitioner and the other accused are similar and all the accused stand on the same footing, on the ground of parity, the petitioner is also entitled to be enlarged on bail.
5. Taking note of the of the fact that the allegations made against the accused are similar in nature and other accused, i.e. accused Nos.2, 4 and 6 are enlarged on bail as per the order dated 5.12.2018, the present petitioner is also entitled to be enlarged on bail on the ground of parity. It is also to be noted that the petitioner is aged about 76 years and is suffering from ailments that go with his advanced age.
6. Taking note of the abovesaid facts, the petitioner is entitled to be enlarged on anticipatory bail, in the event of his arrest in Crime No. 209/2018 for the offences punishable under Sections 143, 323, 341, 306 read with Section 149 of IPC.
7. Accordingly, the petition is allowed. The petitioner to be enlarged on bail in the event of his arrest in Crime No.209/2018 for the offences punishable under Sections 143, 323, 341, 306 read with Section 149 of IPC, subject to the following conditions:-
(a) The petitioner shall appear before the Investigating Officer within 15 days from the date of release of this order and shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with surety for the likesum to the satisfaction of the Investigating Officer;
(b) The petitioner shall appear before the Investigating Officer as and when required;
(c) The petitioner shall co-operate in the investigation;
(d) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(e) The petitioner shall not threaten or allure the prosecution witnesses.
(f) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(g) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR