IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2384/2019 BETWEEN:
1. Sri. Mallesh, S/o Gangappa, Aged about 38 years, 2. Sri.Chandrashekar, W/o Gangappa, Aged about 26 years, Both are residing at Avalaiahana Palya Village, Holavanahalli Hobli, Koratagere Taluk, Tumakuru District – 572 129. (By Sri.Srinivas N, Advocate) AND:
State of Karnataka by Koratagere Police Station, Koratagere – 572 129.
Rep. by SPP, High Court of Karnataka, Bengaluru – 560 001.
(By Sri. K.P.Yoganna, HCGP) ... Petitioners ... Respondent This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure praying to enlarge the petitioners on bail in the Cr.No.209/2018 of Koratagere Police Station, Tumakuru for the offences punishable under Sections 143, 504, 114 and 302 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Petitioners – Accused Nos.1 and 3 have filed the present petition seeking to be enlarged on bail with respect to their detention in proceedings in C.C.No.136/2019 for the offences punishable under Sections 114, 143, 302, 149 and 504 read with Section 34 of IPC.
2. It is the case of the prosecution that the complainant and his wife were in the agricultural land, when the accused1-5 came by forming themselves into an un-awful assembly. At that time, the accused persons came by forming themselves into unlawful assembly and picked up quarrel with the complainant and his wife. It was stated that the daughter of the accused no.1 have left their home on 26.11.2018 after falling in love with some boy and had not returned back. It is further stated that the accused believed that Bhagyamma knew the telephone number of the said boy and hence the accused forced the deceased Bhagyamma to disclose the telephone number of the said boy with whom the daughter of the deceased used to call. It is stated that the deceased Bhagyamma did not co- operate. The accused persons assaulted Bhagyamma on the stomach and private parts and as a result of the injuries sustained, Bhagyamma died.
3. It is noticed that charge sheet has been filed and investigation is completed. It is the contention of the petitioners that the complaint as well as the charge sheet refers to the role of accused No.2 as been directly responsible for the fatal wound leading to the death of the deceased. It is only alleged that the petitioners have instigated the commission of the offence. The said fact is not controverted by the prosecution. It is stated that accused No.2 has been enlarged on bail. As regards other accused Nos.4 and 5 have also been released on bail as per the order in Criminal Petition No.27/2019 dated 26.02.2019. In fact, the Court in Criminal Petition No.27/2019 after observing that accused No.1 has been released on bail has stated that on the ground of parity, the accused Nos.4 and 5 were entitled to be released on bail while also observing that no specific overt acts are made out as regards the accused Nos.4 and 5. Similarly, it is the case of the accused Nos.1 and 3 who are the petitioners in the present matter that they are entitled for bail on the principle of parity.
4. It is to be noticed that material on record reveals that accused No.2 is the person who has committed the overt acts and the other accused have merely instigated the commission of the offence. The question as to the role attributed to the other accused is the matter to be proved during trial. Taking note of the fact, accused No.1 has been enlarged on bail as well as accused Nos.4 and 5 have been enlarged on bail on the principle of parity noticing that accused Nos.1 and 3 are similarly situated as accused Nos.4 and 5 petitioners are entitled to be enlarged on bail.
5. Accordingly, the petition is allowed and petitioners are ordered to be released on bail in Crime No.209/2018 of Koratagere Police Station, Tumakuru for the offence punishable under Section 302 read with Section 149 of IPC, subject to the following conditions:
(i) Each of the petitioners/accused Nos.1 and 3 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the concerned Court.
(ii) They shall not tamper with the prosecution evidence directly or indirectly.
(iii) They shall not indulge in similar type of criminal activities till the completion of the trial.
(iv) They shall be regular in attending the trial as and when required.
(v) They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE NBM