IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7721/2019 BETWEEN:
Prasad, S/o Nanjundaswamy, Aged 25 years, Contracto, Govt. Hospital, R/at Nagarathnamma Extn., Gundlupet Town, Chamarajanagar District – 571 111. ... Petitioner (By Sri.Shivaprasad Y.S., Advocate) AND:
1. State of Karnataka, By Gundlupet P.S., Represented by S.P.P., High Court Building, Bengaluru – 560 001.
2. B.Basaviah, S/o B.Basappa, 2nd Ward, K.S.S.Badavane, Gundlupet – 571 111. ... Respondents (By Sri.Honnappa, HCGP for R1; Sri.H.Mohan Kumar, Advocate for R2) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.01/2019 registered by Gundlupete Police Station, Chamarajanagara For the offence P/U/S 302 read with Section 34 of IPC and Section 3(2)(v)(va) of SC/ST (POA) Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records. Sri.H.Mohan Kumar, learned counsel appearing for the respondent No.2 is permitted to assist the learned HCGP.
2. The respondent-police have laid a charge-sheet against the petitioner who is arraigned as accused No.2 in connection with Crime No.1/2019 of Gundlupete Police Station, Chamarajanagara for the offence punishable under Section 302 read with Section 34 of IPC and Section 3(2)(v)(va) of SC/ST (POA) Act.
3. Brief facts of the case are that the deceased and the accused persons were known to each other. on 01.01.2019 in lieu of New Year, the deceased had come to his village. Accused persons and deceased had been to Anupama Bar and Restaurant and started quarreling on the ground that the deceased has not given party to the accused persons in lieu of New Year. They quarreled with each other and they went out from the said Bar and Restaurant. After some time, again, the accused quarreled with deceased and have assaulted the deceased with their hands and kicked him with legs, due to which, he sustained grievous injuries, and succumbed to the injuries.
4. On perusal of Post Mortem report, it is not clearly stated as to what was the real cause for death. But it is stated that death was due to hemorrhage and shock as a result of blunt injury to abdomen with consequent injury to liver with consequent abdominal hemorrhage.
The nature of allegations and facts of the case discloses that it is a sudden fight took place between the accused persons and deceased. Whether there was any intention to kill the deceased or to teach him a lesson or incident took place to cause bodily injury or such assault is sufficient to cause the death of the person, has to be proved during the course of full dressed trial in order to ascertain whether the offence falls under Section 302 or 304 of IPC.
5. Therefore, considering the nature of allegations and the facts and circumstances of the case and also no previous bad antecedents alleged against the petitioner, in my opinion, the petitioner-accused No.2 is entitled to be enlarged on bail with conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner- accused No.2 shall be released on bail in connection with Crime No.1/2019 of Gundlupete Police Station registered for the offence punishable under Section 302 read with Section 34 of IPC and Section 3(2)(v)(va) of SC/ST (POA) Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
SD/- JUDGE SB