IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.275 OF 2019 BETWEEN:
1. Sri.H.R.Kumar, S/o. Late. Rudra Shetty, Aged about 53 years, R/at Halebelur Village, Coffee planter, Sakaleshpura Taluk, Hassan District-572 301.
2. Sudeesh Kumar @ Sudeer, S/o. Chandre Gowda, Aged about 45 years, R/at Kirehalli Village, Sakaleshpura Taluk, Hassan District-34. ...Petitioners (By Sri. Pratheep.K.C, Adv.,) AND:
The State of Karnataka, Rep. by Sakaleshpura Town Police, Hassan District, Rep. by its, State Public Prosecutor, High Court of Karnataka, Bengaluru-01. ... 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.275/2018 of Sakaleshpura Town Police Station, Hassan for the offence p/u/ss 323, 307, 341, 504 r/w 34 of IPC and Section 30 of Indian Arms Act.
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 and 2 under Section 438 of Cr.P.C., praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.275/2018 of Sakaleshpura Police Station for the offences punishable under Sections 307, 323, 341 and 504 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the complainant being the mother of Deeresh, has alleged in the complaint that the said Deeresh has laid the air pipe for the purpose of irrigation to his land and the accused No.1 had ridden the vehicle on the air pipe in that regard there was grudge between complainant’s son and accused persons. It is further alleged that on 24.12.2018, when the complainant’s son had gone along with his vehicle to carry the bricks at about 5.30 in the morning, accused No.1 came in a pickup vehicle and dashed against the Deeresh Pickup vehicle and all the accused persons came and one Sudeer showed him the country made gun and accused No.2 fired towards Deeresh. He somehow escaped from the place and all the accused persons came and threatened him. When the complainant questioned them, accused No.1 assaulted her with his hands and also assaulted to her husband and threatened them with dire consequences.
On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for petitioners that there was a civil dispute between the parties and a case and counter case has been registered in Crime Nos.275/2018 and 278/2018. It is further submitted that when the said Deeresh came to go infront of accused Nos.1 and 2, they have a licenced gun and mistakenly it was misfired towards Deeresh. As such, no injury has been caused to the said Deeresh, the petitioners have not tried to commit murder him. It is further submitted that the alleged offences are not punishable with death or imprisonment for life and it is further submitted that though the alleged incident has taken place at about 5.30 a.m., but the complaint was registered at 8.30 p.m., in that event, there is a delay in lodging the complaint. It is further submitted that the petitioners are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 & 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused petitioners have used unlicensed gun and he triggered towards complainant and the said action has taken place with an intention to cause the death of the said Deeresh. It is further submitted that there is ample material to show that he has used the country made gun and the accused petitioners are absconding and were not available for investigation and the said gun is seized and verified, whether the said gun has been used or not? It is further submitted that if the accused petitioners released on bail, they may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by both the learned counsel and perused the records.
7. As could be seen from the records, it appears that the case and counter case has been registered in respect of civil disputes and whether the said gun has fired or not? Whether the alleged incident has taken place as contended in the complaint or not? These matters which has to be considered and appreciated only at the time of trial. It is an admitted fact that the said Deeresh has not suffered with any injuries and even he has not taken to the hospital. Even the complainant and his husband though said to have been assaulted, they have not suffered with any grievous injuries. Under the circumstance, I feel that by imposing some stringent conditions, if the accused petitioners are enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioners/accused Nos.1 and 2 are enlarged on bail in the event of their arrest in Crime No.275/2018 of Sakaleshpura Police Station for the offences punishable under Sections 307, 323, 341 and 504 read with Section 34 of IPC subject to the following conditions:
1. Each of the petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence in any manner.
4. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station till the trial is concluded.
5. They shall not leave the jurisdiction of the Court without prior permission.
6. They shall not indulge in similar type of criminal activities, till the trial is concluded.
Sd/- JUDGE VBS