IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.2307/2019 BETWEEN:
Sri Parashuram Gowdappa, Dindinavar (A-3), Age: 23 years, occ: Business, R/o Managutti, Taluk: Hukkeri, District: Belgaum – 591 309. ... Petitioner (By Sri Suresh M. Latur, Advocate) AND:
State of Karnataka, By Sira Town Police, Sira, Tumkur District, Represented by SPP, High Court of Karnataka, Bangalore – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail in Crime No.459/2018 (C.C. No.82/2019) registered by Sira Police Station, Tumakuru for the offences p/u/s 143, 147, 342, 323, 324, 302 and 504 r/w 149 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner, learned HCGP for the respondent-State and perused the records.
2. The respondent police have laid a charge sheet against the petitioner and other four accused persons for the offences punishable under Sections 143, 147, 323, 324, 342, 302, 504 r/w 149 of IPC.
3. The case of the prosecution is that accused no.1 was the owner of Lorry (Container) bearing registration No.KA-22/C-5788, for which CW.1 was the driver and deceased Basappa Bevin was the second driver of the said vehicle. On 10.12.2018, the said Lorry was sent to Poona for the purpose of transporting some goods.
On the same day, at 5.30 p.m., the said Lorry left Poona and on N.H.48, the said Lorry met with an accident between Tumakuru-Hiriyuru road, Sira Byepass road by dashing against another lorry bearing registration No.TN-54/E 4455. Having come to know about this particular accident, accused nos.1, 2, 4 and 5 on 12.12.2018 came to the spot and they had assaulted the Lorry drivers i.e., CW.1 as well as deceased Basappa Bevin with clubs and hands and therefore, they sustained severe injuries and thereafter accused nos.1, 2, 4 and 5 have put them in the container. It is alleged that again on the next day, accused nos.1, 2, 4 and 5 came to the particular spot and at that time accused no.3 also came there. Again they assaulted the deceased and CW.1 and kicked them with legs and assaulted them with their hands. Thereafter, the accused themselves shifted the injured persons to the hospital. However, the deceased Basappa Bevin succumbed to the injuries in the hospital.
4. Looking to the above said circumstances, it is noticed that on 12.12.2018, accused no.3 was not present at the spot. It is alleged that accused nos.1, 2, 4 and 5 have assaulted the deceased with their hands and legs etc., and they have confined them in the container. On the next day, they again came to the spot and assaulted the deceased. But, as rightly contended by the learned counsel, there is no specific allegation so far as attribution of overt acts against accused no.3. The complaint lodged clearly shows overt acts against accused nos.1, 2, 4 and 5 except accused no.3. All other accused persons have confined CW.1 and deceased in a container and thereafter they came to the spot on the next day. CW.1 and the deceased were not in a position to stand also. Thereafter, accused nos.1, 2, 4 and 5 shifted them to the hospital. In the complaint, there is no such allegation about exact participation of accused no.3, but subsequently at the time of filing of the charge sheet, his name has been specifically included.
5. In the circumstances, it is doubtful with regard to participation of accused no.3 as there is no specific overt act or role against accused no.3. In the above said circumstances, when accused no.5 who also stand on the same footing as that of this petitioner has already been released by this court in Crl.P. No. 301/2019 by order dated 08.03.2019, on the ground of parity also, the petitioner is entitled to be enlarged on bail subject to certain conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in Crime No.459/2018 of Sira Police Station (C.C.No.82/2019) now pending on the file of Principal Civil Judge (Sr.Dn.) & JMFC., Sira, Tumakuru District, for the offences punishable under Sections 143, 147, 323, 324, 342, 302, 504 r/w 149 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
Np/-
Sd/- JUDGE