IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.439 OF 2019 BETWEEN:
1. Sri Guruswamy, Aged about 44 years, S/o. late Doddahide Gowda.
2. Mogappa, Aged about 33 years, S/o. Kariyappa.
3. Kariyappa, Aged about 65 years, S/o. late Moganna, 4. Krishnakumar, Aged about 38 years, S/o. Kariyappa.
Petitioners No.1 to 4 are R/o. Thayappana Doddi Village, Bidadi Hobli, Ramanagara Taluk, Ramanagara District – 562 109.
...Petitioners (By Sri. H.C. Hanumaiah, Advocate) AND:
State of Karnataka By Bidadi Police Station Ramanagara District, Represented by its SPP High Court of Karnataka Bengalluru – 01.
...Respondent (By Sri. M. Divakar Maddur – HCGP) This Criminal Petition is filed under Section 438 of the Cr.PC praying to enlarge the petitioners on bail in the event of their arrest in Cr. No.381/2018 registered by Bidadi Police Station, Ramanagara for the offence P/U/S 120(B), 143, 147, 148, 307, 324 and 3223 R/w 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners-accused Nos.1 to 4 under Section 438 of Cr.P.C. to release them on anticipatory bail in Crime No.381/2018 of Bidadi police station, Ramanagara District, for the offence punishable under Sections 143, 147, 148, 323, 324, 307 and 120(B) R/w Section 149 of IPC.
2. I have heard learned counsel for the petitioners-accused and learned HCGP for the respondent-State.
3. The case of the complainant is that on 16.12.2018 at about 8.30 a.m., accused Nos.1 to 4 because of some enmity, have conspired and have waylaid the auto-rickshaw of Suri Nanjappa and abused him in filthy language and accused No.1 assaulted on his right arm with a long. The complainant along with others have tried to rescue the said Suri Nanjappa, at that time accused Nos.1 to 4 attacked him. When the injured ran towards his house, accused Nos. 5 to 8 have held him and poured chilly powder to his eyes. Hearing the screaming sound, when Sathyanarayana, Munilakshmamma and Lakshmidevamma came to rescue him, accused No.2 cut his left ear by long and accused No.3 and 4 have assaulted Munilakshmamma and Lakshmidevamma by Machete and accused Nos. 5 to 8 have also assaulted them by hands and legs. When Harish came to pacify them, accused No.1 assaulted on his leg by long. At that time, villagers have came and pacified the quarrel.
4. It is the submission of learned counsel for the petitioners that there are civil disputes pending between the complainant and the accused persons. Before the alleged date of incident i.e. on 16.12.2018, earlier the complainant have attacked the accused persons. As a counter blast, the accused persons also assaulted and as a result of the same, a case and counter case has been registered in Crime Nos.381/2018 and 382/2018. He further submitted that already accused Nos.5 to 8 have been released on anticipatory bail by learned District Judge and the injured have suffered simple injuries and they have been already discharged from the hospital and they are out of danger. The accused petitioners are ready to abide by any of the terms and conditions that may be imposed by this Court and ready to offer sureties, if they are released on bail.. On these grounds, he prays to allow the petition and to release them on bail.
5. Per contra, learned HCGP vehemently argued and submitted that there are serious overtacts as against the accused petitioners. Accused No.2 has cut the left ear of the injured with long. They have used deadly weapons. He further submitted that the accused petitioners have bad antecedents. Accused Nos.1 and 2 have involved in many cases and further submitted that accused No.1 has been convicted in one case and an appeal is pending before this Court, accused No.2 has also involved in another case, if the accused petitioners are released on bail, they may again involve in similar type of activities. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of learned counsel appearing for the parties and also perused records.
7. As could be seen from the contents of the complaint it clearly goes to show that there was a case and counter case registered in Crime Nos.381/2018 and 382/2018 and even as could be seen from the contents of the complaint, when the complainant and others were presented, at that time the accused Nos.1 to 4 have attacked him and when the injured Suri Nanjappa ran towards his house, at that time, it is accused No.2 Mogappa has cut his left ear by long and other accused petitioners also assaulted. As could be seen from the records, it indicates that some serious allegations have been made against the accused petitioner No.2. In so far as other accused petitioners are concerned, no serious allegation has been made. Though it is contended by learned HCGP that there are bad antecedents as against accused Nos.1 and 2, that it is the fact which has to be considered at the time of trial. When already the injured has been discharged and he is out of danger, under such circumstances, I feel by imposing some stringent conditions, if the accused petitioners are enlarged on bail, then, it is going to meet the ends of justice.
In the light of the discussions held above, the petition is allowed. The accused petitioners No.1 to 4 are ordered to be released on anticipatory bail in Crime No.381/2018 of Bidadi Police Station, Ramanagara District for the offence punishable under Sections 143, 147, 148, 323, 324, 307 and 120(B) R/w Section 149 of IPC, subject to following conditions;
1. Each of the petitioner-accused 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 Investigating Officer.
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall appear before the Investigating Officer as and when they are required for the purpose of investigation or interrogation.
4. They shall not tamper with the prosecution evidence directly or indirectly and they shall not threaten the prosecution witnesses.
5. They shall not indulge in similar type of criminal activities.
6. They shall not leave the jurisdiction without prior permission of the Court.
Sd/- JUDGE PN/-