IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2053/2019 BETWEEN:
Sri Roopesh @ Rupla Nayaka S/o Hariya Naik Aged about 30 years R/at Kanakanakere Village Handinakere Hobli Chikkanayakanahally Tumkuru District-34. ...Petitioner (By Sri Pratheep K.C, Advocate) AND:
The State of Karnataka Rep. by Nuggehalli Police Station Hassan District Rep. by its State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri K. Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.236/2018 of Nuggehalli P.S., Hassan for the offence p/u/s 302, 201 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner- accused No.3 under Section 439 of Cr.P.C seeking his release on bail in Crime No.236/2018 of Nuggehalli Police Station for the offences punishable under Sections 302 and 201 read with 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 23.09.2018 at about 10.00 p.m., when the accused persons and deceased were present, CW.3-Devaraju gave coolie amount to the deceased for the purpose of disbursement of the said amount, in the meanwhile there was quarrel between accused Nos.1 to 4 and the deceased. It is further alleged that while fighting, accused No.4 fell down and at that time accused No.1- Ranganatha Nayaka picked up a spade and assaulted the deceased and as a result of the same, he sustained grievous injuries and at that time, accused Nos. 2 to 4 also assaulted with hands and hence, he fell down. Accused No.4 informed the wife of the deceased. The complainant went and noticed that the deceased had already succumbed to the injuries. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner/accused No.3 that already charge sheet has been filed and the charge sheet material discloses the fact that it is accused Nos.2 to 4 caught hold of the deceased and assaulted with the hands and kicked at that time, accused No.1 Ranganatha @ Ranga Nayaka took a spade and assaulted on the head. It is his further submission that accused persons have assaulted with hands and kicked the deceased. It is his further submission that doctor who conducted autopsy over the body of the deceased has given his opinion that the death is due to blunt injury sustained to the deceased on chest. It is his further submission that the present petitioner along with other persons have assaulted with hands. The said injury found caused from not fatal injury suffered by the deceased. He is ready to abide by the conditions and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner/accused No.3 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that it is accused Nos.2 to 4 have caught hold of the deceased and they have assaulted with hands and stamped him and already accused No.3 is involved in a serious offence which is punishable with death or imprisonment for life. If he released on bail, he may abscond and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and perused the records.
7. On close seeing of the complaint and charge sheet material, it disclose the fact that one Gangadhara is an eyewitness to the alleged incident and in his statement recorded on 27.09.2018 he has stated that petitioner/accused No.3 and accused Nos.2 and 4 were holding the deceased and at that time, accused No.1 took a spade and assaulted the deceased. The said evidence corroborates with the report of the doctor who conduct autopsy over the body of the deceased. No serious overt acts are found as alleged against petitioner herein. Under similar facts and circumstances, this Court has already released accused Nos.2 and 4 on bail. On the ground of parity, petitioner/accused No.3 is also entitled to be released on bail. Serious allegation is made as against accused No1. Keeping in view of the said facts, petition is allowed.
8. Petitioner/accused No.3 is enlarged on bail in Crime No.236/2018 of Nuggehalli Police Station for the offences punishable under Sections 302 and 201 read with 34 of IPC subject to the following conditions:
1. Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month on every 1st till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of activities.
Sd/- JUDGE nms