IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3563/2019 BETWEEN:
1. Sri Narendra, S/o Gangadharappa, Aged about 27 years.
2. Sri Narasimha Murthy, S/o G. Ramaiah, Aged about 35 years, Petitioner Nos.1 and 2 are residents of: Halle Upparahalli Village, Hosuru Hobli, Gowribidanuru Taluk, Chikkaballapura District – 561 208.
3. Sri Manjunatha B.A., S/o Ashwathappa, Aged about 32 years, R/at Bandarahalli Village, Hosuru Hobli, Gowribidanuru (T), Chikkaballapura District – 561 208.
... Petitioners (By Sri Rajendra K.R., Advocate) AND:
State by Gowribidanur Rural Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Criminal Procedure Code, praying to enlarge the petitioners on bail in the event of their arrest in Crime No.119/2018 (C.C. No.130/2019) of Gowribidanur Rural P.S., Chikkaballapura for the offences p/u/s 324, 504, 307, r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on bail in the event of their arrest pursuant to the proceedings in Crime No.119/2018 for the offences under Sections 324, 504, 506, 307 r/w 34 of IPC.
2. The case of the prosecution is that on 27.04.2018, a complaint came to be filed stating that when the complainant was coming to his village to participate in the Lakshmi Narasimha Swamy Jathre, at about 9.00 p.m., he and other villagers had gone to the Bar and after consuming alcohol, there was an altercation with the accused and it is stated that the accused attacked the complainant and the complainant has sustained injuries. On the basis of complaint, FIR has been registered, investigation is complete and charge sheet has been filed.
3. The learned counsel for petitioners submit that in fact, the complainant has been arrayed as accused no.3 in proceedings pending in connection with Crime No.118/2018 filed with respect to offences punishable under Sections 143, 147, 148, 324, 506, 307, 302 and 149 of IPC.
4. It is stated that the deceased Rama Reddy was a friend of the present petitioners who was from the same village and he was done to death by the complainant and his friends and the present complaint has been filed only as a counterblast. It is further stated that complaint in Crime No.118/2018 was filed at the early hours of 27.04.2018, while the complaint in Crime No.119/2018 has been filed at 7.45 a.m., which is a belated complaint.
5. Taking note of the above said facts, noticing that a compliant had already been lodged arraying the complainant in the present case as accused no.3, there is some substance in the submission of the learned counsel for petitioner that the present complaint has been filed only as a counterblast to the complaint filed against the complainant in Crime No.118/2018. However, it would not be appropriate to express any opinion conclusively at this stage. It is to be noticed that the injury as is revealed from the medical records is only a lacerated injury, which is simple in nature. Accordingly, Prima facie no case that is made out for custodial interrogation. Proof of offence is however a matter for trial and it could be ensured that petitioners would cooperate with the trial by imposing necessary conditions.
6. It is noticed that investigation is complete and charge sheet has been filed. Accordingly, the petitioners are entitled to be enlarged on bail in the event of their arrest subject to stringent conditions.
7. In the result, the bail petition filed by the petitioners under Sec. 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.119/2018 for the offences under Sections 324, 504, 506, 307 r/w 34 of IPC subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.119/2018 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum before the concerned court.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall co-operate with further investigation by appearing before the Investigating Officer as and when he is called upon.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/-
JUDGE Np/-