IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.7535/2019 BETWEEN:
1. SRI RAVIKUMAR S/O. CHIKKAMUNIYAPPA AGED ABOUT 36 YEARS OCC: WORKING IN FACTORY R/AT. M. SATYAVARA SULIBELE HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114 2. SRI NANJEGOWDA S/O. KEMPANNA AGED ABOUT 45 YEARS OCC: WORKING IN FACTORY R/AT. M. SATYAVARA SULIBELE HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT – 562 114 ...PETITIONERS (BY SRI C. H. JADHAV, SR. ADV. FOR SRI C.R.RAGHAVENDRA REDDY, ADV.) AND:
STATE OF KARNATAKA BY SULIBELE POLICE REP. BY SPP HIGH COURT BENGALURU – 560 001 (BY SRI M.DIVAKAR MADDUR, HCGP.) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.17/2018 OF SULIBELE P.S., BANGALORE FOR THE OFFENCE P/U/S 120B, 323, 354B, 506, 504, 143, 147, 148, 149, 307, 324 AND 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed under Section 439 of Cr.P.C. by the petitioners – accused Nos.3 and 5 seeking to enlarge them on bail in crime No.17/2018 registered by Sulibele Police Station, Bengaluru, for the offences punishable under Sections 120B, 323, 354B, 506, 504, 143, 147, 148, 149, 307, 324 and 302 of IPC.
2. I have heard the learned counsel for the petitioners – accused and the learned High Court Government Pleader for respondent - State.
3. The gist of the complaint is that, complainant is an agriculturist and residing in M. Sathyavara Village and his parents have got four sons and two daughters. Both daughters got married and sons are unmarried. It is further alleged that the eldest among them is Byregowda, the second was deceased Venkataswamy, the complainant is the third son and fourth son is Amaranarayana Swamy. Byregowda and the complainant were staying with their father assisting him in agriculture. The deceased Venkataswamy was an Advocate and Amaranarayana Swamy was studying MSW. On 29.01.2018, mould work was going on in the new house, which was under construction and all the members of the family were near the house. As there was some land dispute between the family of the complainant and the family of accused No.1, at about 4.30 p.m., when the complainant and his family members were near their house, the accused persons holding deadly weapons came there, constituted unlawful assembly and started abusing the complainant and others with filthy language and threatened the complainant that they are going to commit their murder. Accused persons have assaulted Byregowda, deceased Venkataswamy, Venkateshappa, Eramma and the complainant with clubs, choppers and stones. The father of the complainant had suffered injury on the head and upper arm. Amaranarayana Swamy suffered injury on his left hand, head and on the forehead and started bleeding due to the injuries. Byregowda suffered injuries on his both hands, head and right elbow. Deceased Venkataswamy suffered injury on his head and hands. The complainant also suffered injuries on his head and left elbow. After assaulting the complainant and others, the accused went away. Immediately, the injured were shifted to MVJ Hospital, Hosakote. Subsequently, Venkataswamy, Byregowda and Amaranarayana Swamy were shifted to NIMHANS Hospital. Thereafter, Venkataswamy was succumbed to the injuries in the Hospital. On the basis of the complaint, a case was registered against the accused persons.
4. Learned counsel for the petitioner – accused submitted that admittedly, there were some civil disputes pending between the accused and the complainant. Earlier the petitioners - accused approached this Court and this Court dismissed the petition. Subsequently after investigation, charge sheet has been filed. He further submitted that some accused persons approached this Court seeking bail. It is his further submission that after the dismissal of the bail application filed by the petitioners herein, accused Nos.1 and other accused persons approached this Court seeking bail and the Co-Ordinate Bench of this Court in Crl.P.No.8617/2018 dated 19.06.2019 has allowed the petition and released accused No.1 on bail. It is his further submission that the learned District Judge has also released accused Nos.6 to 10 on bail. On the ground of parity, the petitioners herein are also entitled to be released on bail. He submits that the allegations made in the complaint and other charge sheet material are omnibus in nature. The statement of the eyewitnesses has been recorded after two days of the incident. Earlier the complaint was filed as against 28 accused and it has been confined to 10 persons and as against them, the charge sheet has been filed. It is his further submission that there are no serious allegations as against the petitioners – accused Nos.3 and 5. Even the charge sheet material shows that they have assaulted with club. Under similar facts and circumstances, other accused persons are enlarged on bail. Since 1 year 10 months, the petitioners - accused persons are languishing in jail. However they are not required for further investigation and interrogation in this case. By imposing stringent conditions, petitioners may be granted bail and they are ready to abide the condition imposed by this Court. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that earlier the petitioner - accused has approached this Court and the petition came to be rejected. There is no changed circumstances to revive the application. He further submitted that there were civil disputes pending between the parties and the crime is alleged to have been committed by a strong motive. The eyewitnesses to the incident has categorically deposed against the accused and that accused No.3 has assaulted on the vital part of the body of the deceased. The deceased has sustained several injuries including four head injuries and because of that he died. It is further submission that the evidence of the doctor corroborates with the evidence of eyewitnesses. All these material if looked into there is prime facie material to show that accused – petitioners have involved in a heinous offence, which is punishable with death or imprisonment for life. It is his further submission that if the petitioners – accused are enlarged on bail, they may tamper with the prosecution witnesses. On these grounds, he pray to dismiss the petition.
6. I have carefully and cautiously considered the submissions of the learned counsel for the petitioners and learned Government Pleader and perused the records.
7. A close reading of the materials produced, it indicates that earlier the petitioners – accused Nos.3 and 5 have approached this Court and this Court by order dated 22.10.2018 dismissed the petition. But at that time, charge sheet was not yet filed and subsequently, accused No.1 has approached this Court and under similar facts and circumstances, accused No.1 has been granted bail by order dated 19.06.2019. Even it is submitted that accused Nos.4, 6 to 10 have been released on bail. When omnibus allegations are made against the accused persons and under similar facts and circumstances, the accused No.1 and other accused persons are released on bail, without discussing on the merits of the case, I am of the considered opinion that on the ground of parity, the petitioners – accused Nos.3 and 5 are also entitled to be released on bail on stringent conditions.
8. In that light, petition is allowed subject to the following conditions:-
i) Petitioners each shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) They shall not tamper with the prosecution evidence in any manner till the disposal of the case.
iii) They shall mark their attendance once in a month on first of every month before Sulibele Police Station between the office hours of 10.00 a.m. and 5.00 p.m. till the trial is concluded.
iv) They shall not indulge in similar kind of criminal activities, failing which, the trial Court is at liberty to take the petitioners into custody.
Sd/- JUDGE nvj