IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8099 OF 2018 BETWEEN:
1. SRI VEERAPPA S/O LATE CHIKKAVEERAPPA AGED ABOUT 72 YEARS R/AT GOVINDANAHALLI VILLAGE KIKKERI HOBLI, K.R.PET TALUK, MANDYA DISTRICT – 571 426 2. SRI HARISHA S/O VEERAPPA AGED ABOUT 38 YEARS R/AT GOVINDANAHALLI VILLAGE KIKKERI HOBLI, K.R.PET TALUK MANDYA DISTRICT – 571 426 ...PETITIONERS (BY SRI B.J.KRISHNA, ADV.) AND STATE OF KARNATAKA KIKKERI POLICE STATION K.R.PET TALUK MANDYA DISTRICT – 571 426 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001 ...RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.219/2018 OF KIKKERI POLICE STATION, MANDYA DISTRICT FOR THE OFFENCE P/U/S 114, 324, 504, 307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Kikkeri Police of K.R.Pet have registered Crime No.219/2018 against the petitioners for the offences punishable under Sections 504, 114, 307, 324 read with Section 34 of Indian Penal Code on the basis of the complaint/statement of Chikkaveerappa.
2. First petitioner is the father of the second petitioner. Complianant Chikkaveerappa is the younger brother of the first petitioner.
3. It is alleged that on 17.09.2018 at 4.30 p.m. in the land of the complainant, petitioners picked up quarrel with the complainant regarding property and assaulted him with stones and pick-axe. It is further alleged that in the incident, the complainant lost his seven teeth and suffered fracture of hand.
4. The case is still at investigation stage. The discharge certificate produced before this Court shows that complainant was treated in the hospital from 17.09.2018 till 23.10.2018. As per the wound certificate he has suffered facial bone fracture left zygoma, open fracture right ulna and other lacerated wounds. The injured in his statement attributes facial injury to the first petitioner and head injury and other injuries to the second petitioner.
5. The site of the petitioners and the victim situate abutting each other. They hail from the same village. The investigation is not yet completed. Under these circumstances, this is not a fit case to grant bail at this stage. Therefore, petition is dismissed Sd/- JUDGE HR