IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.10075/2017 BETWEEN:
SHIVARAJ, S/O. GANGAPPA KODLIWAD AGE: 26 YEARS OCC: AGRICULTURE R/O. SAUNSHI, TALUK: KUNDGOL DIST: DHARWAD – 580 027 (BY SRI R.M. JAVEED, ADVOCATE) AND:
THE STATE OF KARNATAKA KUNDGOL P.S. REPRESENTED BY S.P.P, HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SRI CHETHAN DESAI, HCGP) …PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.64/2017 (S.C.NO.169/2017) OF KUNDAGOL POLICE STATION, DHARWAD DISTRICT FOR THE OFFENCES P/U/Ss.302 AND 201 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The complaint pertains to Crime No.64/2017 which is filed on 27.04.2017 for the offences punishable under Sections 379, 337, 338, 304-A, 302 and 201 of IPC in respect of the accident said to have occurred on 27.04.2017 at 5.00 a.m., at Saunshi-Chakalabbi road, Kundagol Taluk, Dharwad District.
2. It is stated that the case came to be registered in the first place for the above said offences excluding Section 302 of IPC, but later the Sub-Inspector of Kundgol Police Station submitted an Memorandum requisition before the jurisdictional Court intimating that thereafter, Section 302 of IPC is invoked against the present petitioner with malafide intention. It is also stated that the accident occurred when both Manjunath, uncle of the deceased and Nagaraj, who is the brother of the complainant, were proceeding on a motor-cycle at the time of the incident. As a result of the accident, Nagaraj suffered head injury and succumbed to injuries and Manjunath survived. It is alleged that the deceased was insured for a sum of Rs.1 crore and the hands of the petitioner is suspected in the offence.
3. Learned High Court Govt. Pleader would oppose grant of bail.
4. It is seen that even as per the complaint, Nagaraj expired and Manjunath who survived, was available to the police at the time of registration of the case for the offences under Sections 379, 337, 338, 304-A, 302 and 201 of IPC.
5. In the circumstances of the case, ingredients of Section 302 of IPC can be ascertained during the full- fledged trial and at this stage, it is just and proper to grant the relief by allowing the application.
6. Under the above circumstances, the following order is passed:
The petition is allowed. The petitioner shall be released on bail in connection with Crime No.64/2017 on the file of respondent-Police for the offences punishable under Sections 379, 337, 338, 304-A, 302 and 201 of Indian Penal Code, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) with one surety for the like sum to the satisfaction of the jurisdictional Magistrate.
ii) The petitioner shall appear before the trial court on all the future hearing dates unless exempted by any genuine cause.
iii) The petitioner shall mark his attendance on every second and third Friday of each month between 10.00 a.m., and 5.00 p.m., till the completion of investigation.
bnv* Sd/- JUDGE