IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5602 OF 2019 BETWEEN 1. SRI DEEKSHITH S/O M.T.BALU AGED ABOUT 23 YEARS 2. MANJULA W/O M.T.BALU AGED ABOUT 47 YEARS BOTH ARE R/AT MARATIKOPPALU VILLAGE H.HARANAHALLI HOBLI PERIYAPATNA TALUK MYSORE DISTRICT – 78 …PETITIONERS (BY SRI PRATHEEP K.C., ADVOCATE) AND THE STATE OF KARNATAKA REP.BY BETTADAPURA POLICE STATION MYSORE DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 01 …RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.73/2019 OF BETTADAPURA POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE P/U/S 504, 324, 307 R/W SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.2 and 3 in Crime No.73/2019 registered for the offence under Sections 504, 307, 324 read with Section 34 of IPC.
3. It appears the accused persons as well as the complainant are residents of the same village i.e., Maratikoppalu in Periyapatna Taluk. The complainant by name B.N.Manjunatha has stated that about 17 years ago, he married a lady by name Tara and since then, they were residing together at Maratikoppalu village. The accused persons are no other than the close relatives of the complainant’s wife. In this context, it is alleged that on 28.05.2019 at about 9.00 a.m., with reference to some dispute with regard to landed property, when the accused persons viz., Sudhakara and Deekshith were actually putting fence to the said land across the road, the complainant has questioned the act of the accused persons. In this context, there was some quarrel between the two groups consisting of the complainant, his wife and his mother on one side and accused persons on the other side. There was exchange of some abusive words. It is alleged that accused No.2 i.e., petitioner No.1 has assaulted the complainant with club and accused No.3 i.e., petitioner No.2 assaulted Tara with a sickle. It appears, the dispute arose between the two families in the above said context. After taking treatment, the injured persons were already discharged from the hospital.
4. Learned HCGP brought to the notice of this Court that the complainant and his wife have only suffered simple injuries and no much damage has been caused to them.
5. Looking to the nature of allegations and the casual quarrel between the two groups, I am of the opinion that petitioners are entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.73/2019 of Bettadapura Police Station, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- each with one surety for the like-
sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in 15 days i.e., on Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE KNM/-