IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5280 OF 2017 Between:
1. Ramesha, S/o Shivannegouda, Aged about 47 years, Nagapatna, Gundlupet Taluk, Chamrajanagar District – 571 111.
2. Suresha, S/o Shivannegouda, Aged about 47 years, Nagapatna, Gundlupet Taluk, Chamrajanagar District – 571 111. (By Smt. Manjula P.V, Advocate) And:
State of Karnataka, State by Gundlupete Police Station. (By Sri. Chetan Desai, HCGP) ... Petitioners ... Respondent This petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of their arrest in Crime No.146/2017 of Gundlupete Police Station, Chamarajanagar, which is registered for the offence punishable under Sections 143, 144, 148, 341, 323, 324, 307, 504, 506 read with Section 149 of IPC.
This petition coming on for Orders, this day, the court made the following:
ORDER This petition is filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. seeking anticipatory bail and to direct the respondent-police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 143, 144, 148, 341, 323, 324, 307, 504, 506 read with Section 149 of IPC registered in respondent police station in Crime No.146/2017.
2. Brief facts of the prosecution case as per the allegations made in the complaint are that on 28.03.2017, at about 4.30 p.m., complainant by name Gopamma, her husband - Thimmachari and her son – Kempachari had been to their land. Petitioners Ramesha and Suresha came by holding chopper, club etc., and enquired the complainant, her husband and her as to why they had come to their land and abused them in filthy language and assaulted the husband of the complainant with chopper on his head and other accused persons caught hold of the hands of the complainant and assaulted the complainant, her husband and her son and threatened to take away their life.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused Nos.1 and 2 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and also other materials placed on record.
5. As per the prosecution material, there is no doubt of the allegation that accused persons assaulted husband of the complainant, herself and her son. But during the course of hearing of this petition, both sides made the submission that injured Thimmachari has already been discharged from hospital and injuries sustained are simple in nature. But a perusal of the Injury Certificate, goes to show that injury sustained by Thimmachari is grievous in nature. However, it is submitted that as the injured has already been discharged from the hospital, the life of the injured is safe and out of danger at this stage.
6. Petitioners have contended that they are innocent and ready to abide by the conditions to be imposed by this Court. The alleged offence under Section 307 of IPC, though non-bailable in nature, it is not exclusively punishable with death or life imprisonment.
7. Hence, petition is allowed. The respondent- Police is directed to enlarge the present petitioners/accused Nos.1 and 2 on bail in the event of their arrest for the alleged offence punishable under Sections 143, 144, 148, 341, 323, 324, 307, 504, 506 read with Section 149 of IPC registered in respondent police station in Crime No.146/2017, subject to the following conditions:
i. Petitioners shall execute a personal bond for Rs.50,000/- each and shall furnish one surety each for the likesum to the satisfaction of the arresting authority.
ii. Petitioners shall not tamper the prosecution witnesses directly or indirectly.
iii. Petitioners shall appear before the Investigating Officer for interrogation as and when called for and cooperate with the further investigation.
iv. The petitioners shall appear before the concerned Court within 30 days from the date of this order and execute a personal bond and surety bond.
Sd/- JUDGE Mds