IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8126 OF 2019 Between:
1. Sri O. Manjunatha S/o Obanna Aged about 43 years 2. Sri O Venkatesh S/o G.K. Obanna Aged about 33 years 3. Smt. T. Thippamma W/o O Venkatesh Aged about 32 years 4. Sri Obanna S/o Kardappa Aged about 55 years 5. Sri Ravi S/o Boranna Aged about 36 years 6. Smt. Bhagyamma W/o Ravi Aged about 29 years 7. Smt. Kyathamma W/o Manjunatha Aged about 36 years Petitioner Nos.1 to 4 and 7 are Residing at Behind School Bommasamudra, Dodderi Challakere Taluk Chitradurga District – 577 522 Petitioner Nos.5 and 6 are Residing at Gollarahatti Bommasamudra, Dodderi Challakere Taluk Chitradurga District – 577 522 (By Shri N. Srinivas, Advocate) And:
State of Karnataka by Challakere Police Station Chitradurga District 577 522 Through SPP, High Court of Karnataka Bangalore – 560 001 (By Shri Rohith B.J., HCGP) …Petitioners …Respondent 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.312 of 2019 registered by Challekere Police Station, Chitradurga District for the offence punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 read with Section 149 of the Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners, the learned HCGP for the respondent - State and perused the records.
2. The brief factual matrix of the case are that on 13th October, 2019 the police have recorded the statement of the injured person-Kariyanna in the Challakere Hospital, who has disclosed that there was some dispute between himself and the accused persons with respect to the property situated in between the lands of the complainant of accused persons. In this background, it is alleged that on 13th October, 2019 at about 6.30 pm the accused persons had been near the house of the complainant and abused him in filthy language and, particularly, accused No.1 was holding a deadly weapon like chopper in his hand and assaulted on the head, left leg and right leg and right thumb of the complainant and caused injuries and accused No.1 also assaulted the another victim Ramanna on the head and caused severe injuries. The other accused persons said to have assaulted one Manjula and Prema with their hands. Looking to the above said factual circumstances, the police have registered a case in Crime No.312 of 2019 for the offences under Sections 504, 323, 324, 506 read with Section 34 of the Indian Penal Code.
3. The learned High Court Government Pleader submitted that subsequently the police have also incorporated Section 307 of the Indian Penal Code. The injury certificate is still awaited.
4. Further, it is seen that, there is a serious allegation made against accused No.1 who has used a deadly weapon like chopper and assaulted the complainant and others. However, no such allegations are there insofar as other accused are concerned. Under the above said circumstances, the petitioners, sofar as it relates to petitioner No.1 is liable to be dismissed and the petition in respect of petitioner Nos. 2 to 7 be allowed, particularly, under Section 438 of the Code of Criminal Procedure. Hence, the following:
O R D E R The petition is partly allowed. The Petition is dismissed against petitioner No.1; and allowed insofar as the petitioner Nos.2 to 7 are concerned. Consequently, the petitioner Nos.2 to 7 shall be released on bail in the event of their arrest in connection with Crime No.312 of 2019 of Challakere Police Station, Challakere Circle, Chitradurga, subject to the following conditions:-
i) The petitioner Nos. 2 to 7 shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bonds for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner Nos. 2 to 7 shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner Nos. 2 to 7 shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioner Nos. 2 to 7 shall not leave the jurisdiction of Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner Nos.2, 4 and 5 shall mark their attendance once in fifteen days i.e. on every Sunday between 10.00 am and 5.00 pm before the Investigating Officer for a period of two months.
lnn Sd/- JUDGE