IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 6875/2019 BETWEEN 1. SRI. VYSHAKA S/O. VENKATESH AGED 23 YEARS R/O. RAGHAVENDRA NAGARA KOPPA TALUK CHIKKAMAGALUR DISTRICT – 577 550 2. SRI. SHARATH S/O. LATE KRISHNACHAR AGED 39 YEARS R/AT. MARKET ROAD BANAKAL, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT – 577 550 ... PETITIONERS (BY SRI. SATYANARAYANA S. CHALKE, ADVOCATE) AND STATE OF KARNATAKA BY THE STATION HOUSE OFFICER KOPPA POLICE STATION – 560 001 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.44/2019 OF KOPPA POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/Ss. 307, 323, 504, 506 R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners (A2 & A3) and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioners are arraigned as accused Nos.2 and 3 in Crime No.44/2019 of Koppa Police Station for the offence punishable under Sections 307, 323, 504, 506 read with Section 34 of IPC, now pending before the Court of Addl. Civil Judge (Sr.Dn.) and JMFC at Koppa, Chikkamagaluru District.
3. Brief facts of the case are that, on 03.07.2019 the complainant by name Shivaraj. N and his uncle Venkatesh had been to Koppa and at about 9.30 PM, when they were proceeding near Shakti Agency, at that time petitioners (A2 & A3) and Accused No.1 came in a car and started quarrelling with the complainant and Venkatesh, and questioned Venkatesh as to why he did not send his daughter-Archana (wife of the 1st accused) to his house. In this context, it is alleged that the petitioners have abused the said Venkatesh in filthy language, and Accused No.2 brought sickle from the car and tried to assault the said Venkatesh, but he escaped from the blow. Thereafter, petitioners and the 1st accused assaulted the complainant with their hands and threatened him with dire consequences of killing him and went away along with the 1st accused from the spot in the car. On the basis of these allegations, a case has been registered by the respondent-police.
4. Looking to the above said facts and circumstances of the case, it appears there was a family dispute between the Accused No.1 and his wife and his father-in-law. In this context, though some allegations of assault are made, but no injuries appears to have been caused to the complainant. Therefore, alleged offence under Section 307 of IPC has to be established during the course of full-fledged trial.
5. It is submitted that, Accused No.1 has already approached this Court for grant of bail in Criminal Petition No.6155/2019 and this Court has enlarged him on bail vide order dated 13.09.2019. Therefore, in my opinion, considering the nature of allegations and also the relationship between the parties and in the facts and circumstances of the case and even on the ground of parity also, the petitioners (A2 & A3) are entitled to be enlarged on bail with certain conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioners (A2 & A3) shall be released on bail in connection with Crime No.44/2019 of Koppa Police Station, Chikkamagaluru District, registered against them for the offence punishable under Sections 307, 323, 504 and 506 read with Section 34 of IPC, now pending before the Court of Addl. Civil Judge (Sr.Dn.) and JMFC at Koppa, Chikkamagaluru District, subject to the following conditions:
(i) Each of the petitioners shall execute their personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
Sd/-
JUDGE KGR*