IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7954/2019 BETWEEN 1. SRI. RANGASWAMY S/O KENCHAPPA AGED ABOUT 28 YEARS AGRICULTURIST 2. SRI. NAGARAJA S/O KENCHAPPA AGED ABOUT 25 YEARS AGRICULTURIST BOTH ARE RESIDING AT HODIGERE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT (BY SRI. H.J. ANANDA, ADVOCATE) AND STATE BY CHANNAGIRI POLICE ... PETITIONERS REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.231/2019 OF CHANNAGIRI POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/Ss. 506, 504, 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos. 1 & 2 in Crime No.231/2019 of Chennagiri Police Station, initially for the offence punishable under Sections 323, 326, 504, 506 of IPC. But subsequently, when the injured died during the course of investigation, the police have incorporated Section 302 of IPC and thereafter, the charge sheet was filed for the offences punishable under Sections 302, 504 and 506 r/w. 34 of IPC.
3. The brief facts of the case are that, the petitioners, deceased-Lakshmappa and the complainant are the residents of Hodigere Village, Chennagiri Taluk, Davangere District. They are neighbourers and they were often quarrelling with each other. It is alleged that on 07.07.2019 at about 6.30 p.m., the deceased Lakshmappa was scolding some coolie workers as they have not done the coolie work properly. It is alleged that the accused persons misunderstanding that the deceased was scolding them, they assaulted the deceased Lakshmappa. It is alleged that Accused No.1 assaulted the deceased with a club on the back side of the head. His brother Nagaraja kicked the deceased with his legs and Nagamma assaulted him on cheeks and pushed him to the grounds, as a result of which, the deceased fell unconscious. Due to the injuries sustained by the deceased, he died in the hospital on 25.07.2019 after 18 days of the incident. The materials collected by the police disclose that, though the incident was occurred on 07.07.2019, the injured did not go to the hospital immediately and after three days he went to the Government Hospital at Chennagiri on 10.07.2019 and taken treatment as an out patient stating that he was suffering from some body ache.
Subsequently, he went to Max Super Specialty Hospital at Shivamogga with a history that, 07.07.2019 he suffered injury due to assault by a wooden piece. Thereafter, he was admitted to NIMHANS on 19.07.2019 and then to CJ Hospital at Davanagere on 20.07.2019 for treatment and ultimately he died on 25.07.2019.
4. Looking to the above said facts and circumstances, though the incident had happened on 07.07.2019, no complaint was lodged. Further, upto 20.07.2019, he has taken treatment in few different hospitals as noted above, on different history.
5. At present, it is not forthcoming from the records that, whether the incident has happened in a spur moment and further whether the injuries caused by Accused No.1 to the deceased is sufficient to cause death of the a person in the ordinary course, if he is not treated preliminarily within time. It is also not forthcoming, whether there was any previous ill-will between the deceased and accused or there was any motive on the part of the accused for commission of the said offences. Therefore, all these aspects have to be established during the course of full dressed trial. However, it is stated that there are no serious allegations against Accused No.2 is concerned.
6. Looking to the above said facts and circumstances of the case and also considering the nature of allegations and the injuries sustained by the deceased, and since the accused have already been arrested and they are in judicial custody, I am of the opinion that the petitioners are entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioners (A1 & A2) shall be released on bail in connection with Crime No.231/2019 of Respondent- Chennagiri Police Station, Davangere District, for the aforesaid offences, now pending before the Court of Civil Judge and JMFC at Chennagiri, Davangere District. subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
Sd/-
JUDGE KGR*