IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.7739/2017 BETWEEN:
Sri. Shivu @ Shivaraju, S/o Ramanjinappa, Aged about 23 years, Working as Cashier, Sri. Raghavendra Wine Stores, R/at Pallavalli, Nagalamadike Hobli, Pavagada tAluk, Tumakur District – 577 535.
…Petitioner (By Sri.Gopalakrishna Murthy C., Adv.) AND:
The State of Karnataka, By Gubbi Police Station, Represented by SPP, High Court Building, Bengaluru – 570 001.
….Respondent (By Sri.Chetan Desai, HCGP) This criminal petition is filed under section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.120/2017 of Gubbi Police Station, Tumakuru and C.C.No.393/2017 pending on the file of Senior Civil Judge and J.M.F.C., Gubbi, Tumakuru District for the offence P/U/S 302, 114 and 323 R/W 34 of IPC.
This criminal petition coming on for Orders this day, the court made the following:-
O R D E R This is the petition filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 323, 302, 114 read with Section 34 of IPC, registered in respondent – police station, Crime No.120/2017.
2. The prosecution material goes to show regarding the case of the prosecution in brief that the father-in-law of the deceased is the complainant wherein it is stated that on 16.04.2017 as there was a quarrel in between deceased, accused Nos.1 and 2 in the Raghavendra Wine shop in connection with the purchase of the wine, there was a death of Narayana, the deceased. On the basis of the said complaint, the case came to be registered for the said offences.
Heard the arguments of learned counsel for the petitioner/accused No.1 and also the learned High Court Government Pleader for the respondent – State.
Perused the grounds urged in the bail petition, FIR, complaint and also the order passed by the learned Sessions Judge rejecting the bail application. So also perused the other materials produced by the learned counsel for the petitioner.
Even if the prosecution material is considered, there is allegation that present petitioner assaulted the deceased with upper and lower limbs and no weapons were used. Even according to the prosecution case and the materials goes to show that the quarrel was in connection of purchase of the liquor in the Raghavendra Wine shop. Therefore, the alleged incident is also not premeditated. The learned counsel for the petitioner produced the Histopathology Report dated 27.06.2017 and in the last paragraph under the head “IMPRESSION”, it is mentioned as “Histopathological features suggest possibility of death due to Acute Myocardial Infarction secondary to Coronary Artery Disease”.
Even perusing the PM report, the doctor who conducted the post mortem over the dead body of the deceased gave report for the cause of death. The doctor kept the opinion pending for Histopathological Report.
I have already made reference to the Histopathological Report. Looking about the external injuries are concerned, one injury is contusion and another one is abrasion. This also goes to show that no deadly weapons were used in the alleged incident. The petitioner/accused No.1 contended that he is innocent and not committed the alleged offences and he has been falsely indicated in the said case and he is ready to abide by any conditions to be imposed by this Court. Now the investigation is complete and charge sheet is also filed.
10. Accordingly, petition is allowed.
Petitioner/accused No.1 is ordered to be released on bail for the offences punishable under Sections 323, 302, 114 read with Section 34 of IPC, registered in respondent – police station, Crime No.120/2017 subject to the following conditions:
a. Petitioner shall execute a personal bond for Rs.1,00,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
b. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
c. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE MH/-