IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.1709/2019 C/W.
CRL.P. NO.1708/2019 IN CRIMINAL PETITION NO.1709/2019 BETWEEN 1. SRI. PEDDAPPAIAH S/O LATE CHINNAPPA AGED ABOUT 72 YEARS R/AT BALUVANAHALLI VILLAGE KYASAMBAHALLI HOBLI K.G.F. - 563 122 2. SMT. LAKSHMAMMA W/O PEDDAPPAIAH AGED 60 YEARS R/AT BALUVANAHALLI VILLAGE KYASAMBAHALLI HOBLI K.G.F. - 563 122. ... PETITIONERS (BY SMT. M. SHASHIKALA, ADV. FOR SRI. S. BALAKRISHNAN, ADV.) AND STATE OF KARNATAKA BY BETHAMANGALA POLICE STATION, REP. BY SPP HIGH COURT BUILDING BENGALURU - 560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.18/2019 OF BETHAMANGALA POLICE STATION, K.G.F., FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 323, 324, 504, 506, 307 AND 149 OF IPC.
***** IN CRIMINAL PETITION NO.1708/2019 BETWEEN 1. SRI. VENKATESH S/O PEDDAPAIAH AGED ABOUT 35 YEARS 2. SRI. KRISHNA S/O PEDDAPAIAH AGED ABOUT 30 YEARS 3. SMT. PADMAMMA W/O KRISHNA AGED ABOUT 20 YEARS 4. SRI. GANGADHAR S/O PEDDAPAIAH AGED ABOUT 35 YEARS ALL ARE R/AT BALUVANAHALLI VILLAGE, KYASAMBAHALLI HOBLI K.G.F.-563 122 ... PETITIONERS (BY SMT. SHASHIKALA, ADV. FOR SRI. S. BALAKRISHNAN, ADV.) AND STATE OF KARNATAKA BY BETHAMANGALA POLICE STATION REP. BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.18/2019 OF BETHAMANGALA POLICE STATION, K.G.F. FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 323, 324, 504, 506, 149, 307 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners in both the petitions and the learned High Court Government Pleader for the respondent-State. Perused the records.
2. As could be seen from the charge sheet filed by the respondent-Police, a case in CC No.252/2019 came to be registered for the offence punishable under Sections 506, 504, 143, 149, 323, 324, 307 and 326 of IPC arising out of Crime No.18/2019 of Bethamangala Police Station. One Lakshmappa is the complainant, who has lodged the complaint.
3. The Brief factual matrix of the case of the complainant-CW1 is that the accused persons who are arraigned as accused Nos.1 to 6 have got rivalry and there was a civil land dispute pending between the accused persons and the complainant with regard to Survey No.85 measuring 4 acres 8 guntas in OS No.53/2017. It is alleged that in spite of the court directed the accused persons to give up two acres of land in favour of CW-1 Lakshmappa, the accused persons did not do the same. In this back ground, it is alleged that on 06.02.2019 in the morning hours at about 11.30 a.m., all the accused persons while cutting the neem tree situated in the said disputed land, at that time, CW-1 went there and questioned the accused persons as to why they were cutting the neem tree. The accused persons being enraged with that question, caught hold CW-1 and assaulted CW-1 with chopper and hands as well as clubs on various parts of his body. It is further alleged that accused No.2 has assaulted with chopper on the hands and accused No.1 caught hold CW-1 and accused No.3 also with chopper assaulted on the left hand and Accused Nos.4 to 6 have assaulted on the head and other parts of the body with clubs. In this connection, accused No.1 and accused No.2, who are the petitioners in Criminal Petition No.1709/2019 were arrested and they have been in Judicial Custody. The petitioners herein who are arraigned as Accused Nos.3 to 6 have filed petition for grant of anticipatory bail. During the course of arguments, the learned counsel for the petitioners submitted that accused Nos.4 to 6 were granted with bail by the committal court itself. Therefore, the petition is not pressed so far as those petitioners are concerned.
4. As could be seen from the allegations made in the charge sheet, Accused No.2 is the person who actually assaulted the complainant with chopper on the hand. The wound certificate which is furnished along with the charge sheet papers by the learned counsel, shows that except injury No.4 which was on the left leg, all other injuries were found to be simple in nature. There is no material to show that who actually caused those injuries on the neck because, an omnibus allegation is made against accused Nos.3 to 6 who said to have been assaulted the injured on the hands and legs with clubs. But, there is no life threat to the injured who had already been discharged from the Hospital. During the course of full dressed trial, the prosecution has to prove the case beyond reasonable doubt so as to attract Section 307 of IPC. All the injuries found on the injured are not on the vital part of the body. Accused Nos.1 & 2 are already on jail, and accused Nos.4 & 6 have already been released on bail. Therefore, accused Nos.3 & 5, who stand on the same footing are also entitled to be enlarged on anticipatory bail. Hence, the Criminal Petition No.1709/2019 is allowed and Criminal Petition No.1708/2019 is partly allowed.
5. Under the above said circumstances, I proceed to pass the following:
ORDER (1) Criminal Petition No.1709/2019 is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.18/2019 of Bethamangala Police Station for the offences punishable under Sections 143, 323, 324, 504, 506 read with Section 149 of IPC subject to the following conditions:
(a) The petitioners shall execute their personal bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the Trial Court.
(b) The petitioners shall not indulge in tampering the prosecution witnesses.
(c) The petitioners shall appear before the court on all future hearing dates unless exempted for any genuine cause.
(d) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission till the case registered against them is disposed of.
(2) Criminal Petition No.1708/2019 is partly allowed dismissing the Petition so far as accused Nos.4 & 6 are concerned. Consequently, the petitioners/accused Nos.3 & 5 shall be released on bail in connection with Crime No.18/2019 of Bethamangala Police Station for the offences punishable under Sections 143, 323, 324, 504, 506 read with Section 149 of IPC, subject to the following conditions:
(a) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and they shall execute a personal bond for a sum of Rs.50,000/- each [Rupees Fifty thousand] only, with one surety for the likesum to the satisfaction of the Trial Court.
(b) The petitioners shall not indulge in tampering the prosecution witnesses.
(c) The petitioners shall appear before the Investigating Officer as and when required for any further investigation or interrogation.
(d) The petitioners shall appear before the court on all future hearing dates unless exempted for any genuine cause.
(e) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission till the case registered against them is disposed of.
PL* Sd/- JUDGE