IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE N. K. SUDHINDRARAO CRIMINAL PETITION No.3041/2019 C/W CRIMINAL PETITION No.3097/2019 IN CRIMINAL PETITION No.3041/2019: BETWEEN:
1. SRI K J GURUMURTHY SON OF JAYARAMAPPA AGED ABOUT 33 YEARS, AGRICULTURIST RESIDING AT LAKKAMPURA VILGE JAGALURU TALUK DAVANADRE DITRICT PIN CODE-577528 2. SRI K J ANANDAPPA SON OF JAYARAMAPPA AGED ABOUT 45 YEARS, AGRICULTURIST RESIDINGA T LAKKAMPURA VILLGE, JAGALUR TALUK DAVANAGERE DITRICT PIN CODE-577 528 3. SRI K J LOKESH SON OF JAYARAMAPPA AGED ABOUT 30 YEARS, AGRICULTURIST RESIDING AT LAKKAMPURA VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577 528 4. SRI THOTADHARA SHYAMANNA SON OF THIMMARAYAPPA AGED ABOUT 40 YEARS, AGRICULTURIST RESIDING AT LAKKKAMPURA VILLAGE JAGALURU TALUK DAVANAGERE DISTRICT PIN CODE -577 528 5. SRI VENKATESH SON OF JAYARAMAPPA AGED ABOUT 48 YEARS, OCC: TEACHER, GOURIPURA R/O RAMALAYA ROAD JAGALUR (TOWN) PIN CODE-577 528 6. SRI ARJUN T S SON OF SHYAMANNA AGED ABOUT 21 YEARS, OCC: AGRICULTURE TRACTOR DRIVER LAKKAMPURA VILLAGE, JAGALUR TALUK PIN CODE-577 528 7. SRI RAVIKUMAR SON OF ANJINAPPA AGED ABOUT 23 YEARS, AGRICULTURIST RESIDING AT LAKKAMPRUA VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577 528 8. SRI PONE GURUMURTHY SON OF HANUMANTHAPPA AGED ABOUT 27 YEARS, AGRICULTURIST RESIDING AT LAKKAMPURA VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577 528 9. SRI PUJARA SIDDAPPA SON OF VEERABHADRAPA AGED ABOUT 33 YEARS, OCCUPATION: DRIVER RESIDING AT LAKKAMPURA VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577 528 10. SRI BASAVARAJA SON OF VEERABHADRAPPA AGED ABOUT 30 YEARS, AGRICULTURIST RESIDING AT LAKKAMAPURA VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577 528 11. SRI MAHESHA SON OF JAYAPPA AGED ABOUT 24 YEARS, OCCUPATION DRIVER RESIDING AT LAKKAMPURA VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577 528 12. SRI BHARFATHA @ BHARATESHA K A SON OF ANANDAPPA AGED ABOUT 19 YEARS, STUDENT RESIDING AT LAKKAMPURA VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577 528 ... PETITIONERS (BY SRI SIDDAMALLAPPA P M, ADVOCATE) AND:
STATE OF KARNATAKA BY JAGALUR POLICE JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577 528 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUIDLING BANGALORE-560 001 ... RESPONDENT (BY SRI NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.48/2019 OF JAGALUR POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S.143, 147, 148, 323, 324, 341, 307, 504, 506 R/W SEC.149 OF IPC.
IN CRIMINAL PETITON No.3097/2019:
BETWEEN:
1. SRI HEMANNA SON OF JAYARAMAPPA AGED ABOUT 55 YEARS, AGRICULTURIST RESIDING AT LAKKAMPURA VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577528 2. SRI VEERANNA @ T K VEERESH SON OF JAYARAMAPPA AGED ABOUT 42 YEARS, AGRICULTURIST RESIDING AT LAKKAMPURA VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577528 3. SRI T S BHARATH SON OF SHAMANNA AGED ABOUT 19 YEARS, STUDENT RESIDING AT LAKKAMPURA VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577528 4. SRI SANTHOSH D SON OF DURUGAPPA AGED ABOUT 25 YEARS, AGRICULTURIST RESIDING AT LAKKAMPURA VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577528 ... PETITIONERS (BY SRI SIDDAMALLAPPA P M, ADVOCATE) AND:
STATE OF KARNATAKA BY JAGALUR POLICE JAGALUR TALUK DAVANAGERE DISTRICT PIN CODE-577528 REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001 ... RESPONDENT (BY SRI NASRULLA KHAN, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.48/2019 OF JAGALUR POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S.143, 147, 148, 323, 324, 341, 307, 504, 506 R/W SEC.149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These are two criminal petitions connecting a common Crime No.48/2019 registered by Jagalur Police Station, Davanagere for the offence punishable under Sections 143, 147, 148, 323, 324, 341, 307, 504, 506 read with Section 149 of IPC. Since both the petitions are interconnected, they are taken up for common disposal.
2. Criminal Petition No.3041/2019 is filed under Section 438 of Cr.P.C., wherein the petitioners apprehend arrest and claim innocence and seek anticipatory bail.
Insofar as Criminal Petition No.3097/2019 is concerned, it is filed under Section 439 of Cr.P.C. and the petitioners therein seek regular bail.
3. The petitioners in Criminal Petition No.3041/2019 are accused Nos.1, 2, 3, 6, 7, 9, 10, 11, 13, 14, 15 and 16 respectively. At the same time, the petitioners in Criminal Petition No.3097/2019 are accused Nos.4, 5, 8 and 12 respectively.
4. The substance of the complaint as could be seen from the certified copy of the order passed by the learned Sessions Judge, Davanagere dated 24.4.2019 is that on 7.4.2019 at 6.30 p.m. the complainant was returning from his land. At that time, near the bus stand of Lakkampura Village, the accused persons formed unlawful assembly and objected and confined the complainant, abused him in filthy language, attacked with deadly weapons and accused No.1. – K. J. Gurumurthy instigated the mob to kill the complainant by throwing the sickle, as a result of which the complainant sustained injuries over his head. He was also assaulted by the stone which was lying on the road. Accused K.G. Lokesh assaulted the complainant with club and all other accused persons attempted to commit murder of the complainant. The brother of the complaint is also stated to have been injured due to the attack of the accused as per the wound certificate.
5. The learned counsel for the petitioners Sri Siddamalappa P.M. would submit that vague and bald complaint is filed only in order to cause loss to the petitioners and their families.
6. The learned High Court Government Pleader appearing for the respondent produced the case diary for perusal and submits that the complainant apprehends further danger from the accused.
7. I have perused the injury certificate, a copy of which was provided by the learned High Court Government Pleader. Injuries in respect of the complainant Sri Shanedeva as per the injury certificate is as under:
‘Deep lacerated wound over frontal region scalp 12 x 2 x 2. Wound is of simple in nature.’ Injuries in respect of Sri Madakari, brother of the complainant as per the injury certificate is as under:
‘Multiple abrasion over chest region. I am of the opinion that wound is of simple in nature.’ 8. I have considered the submission regarding the total number of persons against whom the criminal case is registered. The investigation is pending. Both the accused and the complainant are villagers. The brother of the complainant is also stated to have been injured due to the attack of the accused as per the wound certificate 9. The learned counsel for the petitioners submit that the dispute is said to have taken place because of election rivalry. He submits that they do not have antecedents regarding criminal background.
10. The learned High Court Government Pleader submits that the enemity is because of illegal smuggling of sand. He would further submit that there are eye witnesses and their statement is recorded and the petitioners are not entitled for either anticipatory bail or regular bail.
11. Considering the above, both the petitions are allowed subject to conditions. Hence the following:
ORDER Criminal Petition No.3041/2019 filed under Section 438 of Cr.P.C. for grant of anticipatory bail is allowed and the respondent policies is directed to release the petitioners on bail in the event of their arrest in Crime No.48/2019 registered by the Jagalur Police Station, Davanagere, subject to each of the petitioners executing a personal bond for Rs.50,000/- and a surety for the likesum.
Criminal Petition No.3097/2019 seeking bail under Section 439 of Cr.P.C. is allowed. The petitioners are ordered to be released on bail in Crime No.48/2019 registered by the Jagalur Police Station, Davanagere, subject to each of them executing a personal bond for Rs.50,000/- and a surety of the likesum.
Common conditions:
i) The petitioners shall not terrorize the witnesses or tamper with the prosecution evidence.
ii) The petitioners shall not leave the State of Karnataka till the completion of investigation without the permission of the Committal Court.
iii) The petitioners shall intimate the Investigating Officer till the completion of the investigation whenever they want to go beyond Davanagere District.
Sd/- JUDGE MD