IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.1125/2019 BETWEEN:
Sri Murthy @ Murthy Nayka S/o Lambani Naik Aged about 26 years R/at Tippegatta Village Banavara Hobli Arsikere Taluk Hassan District – 34 … Petitioner [By Sri. Pratheep K.C., Advocate] AND:
The State of Karnataka Rep. by Nuggehalli Police Station Hassan District Rep. by its State Public Prosecutor High Court Of Karnataka Bangaluru – 560 001. … Respondent [By Smt. Namitha Mahesh B.G., HCGP] This Criminal Petition is filed under Section 439 OF CR.PC., praying to enlarge the petitioner on bail in CR.No.236/2018 of Nuggehalli Police Station, Hassan District for the offence punishable under Sections 302 and 201 read with 34 OF IPC.
This Criminal Petition is coming on for Orders, this day the court made the following:
ORDER The present petition has been filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.236/2018 of Nuggehalli Police Station, Hassan District, for the offences punishable under Sections 302, 201 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner/accused No.2 and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 23.09.2018 at about 10.00 p.m., when the accused persons and deceased were present, CW.3-Devaraju gave coolie amount to the deceased for the purpose of disbursement of the said amount, in the meanwhile there a was quarrel between accused Nos.1 to 4 and the deceased. It is further alleged that while fighting, accused No.4 fell down and at that time accused No.1-Ranganatha Nayaka picked up a spade and assaulted the deceased and as a result of the same, he sustained grievous injuries and at that time, accused Nos. 2 to 4 also assaulted with hands and hence, he fell down. Accused No.4 informed the wife of deceased. The complainant went and noticed that the deceased had already succumbed to the injuries. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner/accused No.2 that the chargesheet has been filed and the alleged incident has taken place only when the deceased has not disbursed the wages so which has been handed over to him. The alleged incident has taken place due to the sudden provocation. He further submitted that accused No.1 assaulted the deceased with spade and even the post mortem report clearly goes to show that the death is due to blunt injuries sustained to the chest. He further submitted that there are no serious overt acts alleged as against accused No.2. The only allegation made against accused No.2 is while he was holding the deceased, accused No.1 assaulted and even accused No.2 and other accused persons assaulted him with hands and stamped the deceased, but the death is not because assault by accused No.2. He further submitted that petitioner/accused No.2 is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer sureties, if he is released on bail. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.2 was present at the spot and there are serious overt acts made against accused No.2 to show that he has assaulted the deceased and stamped him. She further submitted that the petitioner/accused No.2 is involved in serious offences is punishable with death or imprisonment for life. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and submissions made by the learned counsel appearing for the parties and perused the records.
7. On close scrutiny of the chargesheet material, it discloses the fact that one Gangadhara is an eye witness to the alleged incident and his statement has also been recorded on 27.09.2018. In his statement, he has stated that the petitioner/accused No.2 was holding the deceased and at that time, accused No.1 took spade and assaulted the deceased. Even the post mortem report goes to show that the death is due to blunt injuries sustained to the chest of the deceased, as the petitioner/accused No.2 assaulted with hands and stamped when he fell down. No specific overt acts have been made against accused No.2 for having assaulted with any weapon. Under the said facts and circumstances, this Court is of the opinion that by imposing stringent conditions if the petitioner/accused No.2 is enlarged on bail, it would meet the ends of justice.
8. Accordingly, Criminal Petition is allowed and petitioner-accused No.2 is ordered to be released on bail in Crime No.236/2018 of Nuggehalli Police Station for the offences punishable under sections 302, 201, 34 of IPC subject to the following conditions:-
1. The petitioner-accused No.2 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 trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the concerned Court without prior permission.
4. He shall be regular in attending the trial on all the dates of hearing.
5. He shall mark his attendance on the first date of every month between 10:00 a.m to 5:00 p.m till the trial is concluded.
6. He shall not indulge in similar type of criminal activities during pendency of the trial.
Sd/- JUDGE NR/-