IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 2142/2019 BETWEEN BHAVARLAL AGED ABOUT 60 YEARS S/O LATE BALLARAMJI R/AT KADAKOLA VILLAGE JAYAPURA HOBLI MYSURU TALUK AND DISTRICT – 570 019 ... PETITIONER (BY SRI. P. NATARAJU., ADVOCATE ) AND STATE OF KARNATAKA BY MYSURU SOUTH POLICE STATION MYSURU DISTRICT REP. 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 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO. 333/2018 OF MYSURU SOUTH POLICE STATION, MYSURU FOR THE OFFENCES PUNISHABLE UNDER SECTION 302 AND 114 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. Perused the entire charge sheet papers.
2. The factual aspects as disclosed from the charge sheet are that:
There was a dispute between the accused persons including the petitioner herein who is arraigned as accused No.1, in respect of property bearing katha No.789 measuring 84 x 35 feet situated at Kadkola village in Mysuru Taluk. In the above said context, it is alleged that on 05.10.2018 at about 8.30 a.m., in the morning, the accused persons were doing mud work with the help of JCB and at that time, the deceased Kanchana came across the accused persons and tried to prevent them from doing that work. In this context, it is said that accused No.1 i.e., the petitioner herein assaulted her on her left hand and legs with club and accused No.2 by name Jamuna, who was present there instigated the accused persons to do away the life of the deceased. At that time, A3-Sunil came to that particular spot with iron spade and assaulted on the back, head and all other parts of the body of the deceased Kanchana 5 to 6 times. Due to which, she suffered injuries to her head and other parts of the body. Thereafter, she was admitted to the Hospital, where she succumbed to the injuries at about 9.20 a.m., On the above said allegation, the police have completed the investigation and laid charge sheet against the accused for the offence punishable under Section 302, 114 read with 34 of IPC. The entire charge sheet papers reveal the above said factual aspects. Apart from that, the statement of son and daughter of the deceased were also recorded u/s.164(5) of Cr.PC. Even on perusal of the version of the eye- witnesses, the above said act has been disclosed by all of them. Therefore, looking to the above said facts, at this stage, it cannot be inferred that accused No.1 had any common intention along with accused No.3 and whether they knew that Accused No.2 would come with spade and assault in such a manner. Such common intention has to be established during the course of full dressed trial. Considering the specific overt act of the accused, he only assaulted on the leg of the deceased with club. According to the Post Mortem examination report the fatal injury was head injury alleged to have been caused by accused No.3. Therefore, under the above said circumstances, the petitioner may be enlarged on bail as he has been in Judicial Custody since 05.10.2018. Hence, the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.333/2018 of Mysuru South Police Station registered against him for the offence punishable under Sections 302 and 114 r/w 34 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.2 Lakhs with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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 PL*