IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7232 OF 2017 BETWEEN:
SRI UMESHA H.S. S/O.SAVANDAIAH AGED ABOUT 42 YEARS RESIDING AT HALASABELE VILLAGE KASABA HOBLI, MAGADI TALUK RAMANAGARA DISTRICT – 562 120.
(BY SRI KEMPE GOWDA C.M., ADV.) AND:
STATE OF KARNATAKA BY MAGADI POLICE MAGADI TALUK RAMANAGARA DISTRICT BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING COMPLEX HIGH COURT OF KARNATAKA BANGALORE – 560 001.
(BY SRI K.NAGESHWARAPPA, H.C.G.P.) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.1/2017 OF MAGADI P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S.143, 147, 148, 307, 302, 323, 324, 448, 504 R/W. 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 143, 147, 148, 448, 307, 323, 324, 504 r/w. 149 of IPC and subsequently after demise of the deceased, offence under Section 302 of IPC was also added in the case.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
3. Wife of the deceased is the complainant.
She has stated that because of Sherigappa’s property dispute and alleging that Savandaiah has not partitioned the properties, accused No.1 along with other accused persons all of a sudden came forming themselves into an unlawful assembly and trespassed into the house of the complainant; the petitioner – accused No.1 was holding machu and accused No.3 – conductor Mahesh was holding the piece of wooden club and they entered into the house, picked up quarrel; accused No.1 assaulted the complainant with machu on her head and other portion of the body. The Conductor Mahesh assaulted the deceased with wooden club. The other persons have also assaulted the deceased. On the basis of the said complaint, firstly, a case came to be registered for the major offence under Section 307 of IPC along with other offences. But as the injured- husband of the complainant has expired in the hospital, offence under Section 302 of IPC was also included in the case.
4. I have perused the contents of the complaint, further statement of the complainant so also the statement of one Mahesh, S/o.Chandrashekaraiah and Kum.Bhavya, D/o. late Shivakumar i.e. the deceased, who are stated to be the eyewitnesses to the incident. Even looking to the statement of these eyewitnesses also, it goes to show that the present petitioner assaulted the complainant – Asha with machu and caused bleeding injuries. In the statement of eyewitnesses so also in the complaint and further statement of the complainant, there is no mention that accused No.1 also assaulted the deceased Shivakumar with machu. Looking to the statement of the eyewitnesses that it is accused No.3 – conductor Mahesh assaulted the deceased Shivakumar with a wooden club on the lower limb and other parts of the body, so also other persons have also assaulted the deceased. Insofar as the injuries sustained by the complainant is concerned, perusing the injury certificate of Asha, injuries are simple in nature. It is contended by the petitioner herein that he is innocent and not involved in committing the alleged offences and he is ready to abide any conditions imposed by this Court. Now the investigation is completed and charge sheet is also filed. Hence, it is a fit case to exercise discretion in favour of the petitioner/accused No.1.
5. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail of the alleged offences punishable under Sections 143, 147, 148, 448, 307, 323, 324, 504 r/w. 149 and 302 of IPC registered in Crime No.1/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE SA