IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2179/2019 Between:
Muddarangaiah, S/o Chikkamagadaiah, Aged 34 years, R/o Kulumepalya, Kasaba Hobli, Kunigal Taluk – 572 130. … Petitioner (By Sri Venkatesh R. Bhagat, Advocate) And:
State by Kunigal Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.23/2019 of Kunigal Police Station, Tumkuru District, for the offence p/u/s 323, 324, 307 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest in connection with the proceedings in Crime No.23/2019 for the offences punishable under Sections 323, 324, 307 read with Section 34 of IPC.
2. The case of the prosecution is that the complaint was filed by Smt.Savithramma on 02.02.2019 asserting that they were in possession of Sy.No.27 of Hithalahalli Village and were residing by constructing the house. It is stated that the land came to be granted in the name of mother-in-law of the complainant.
3. It is further stated that on 02.02.2019 M.Rangaiah (petitioner accused No.1), Smt. Doddagangamma and Smt.Sudha had brought a JCB and tried to level the land. It is stated that at that point of time, in light of rival claims between both the parties there was an altercation and it is alleged that accused No.1 had assaulted Rangaswamy by using the weapons. In light of the said incident and altercation, the complaint was filed. Pursuant to the complaint, FIR is registered and investigation is in progress.
4. The learned counsel for the petitioner states that there was a dispute relating to title of the land bearing Sy.No.27, as petitioner’s family and complainant’s family had made rival claims. It is further submitted that there is a civil dispute pending regarding the said land as on the date of the alleged incident. It is alleged that the complainant was the aggressor. Further, it is stated that there were complaints and counter complaints lodged and the complaint by the petitioner’s sister as against the complainant’s husband has been registered as Crime No.24/2019. It is further stated that as the injured has been discharged from hospital, the proof of the offence as to whether the petitioner was aggressor or the accused were aggressors, is a matter to be proved during trial.
5. Taking note of the fact that there was a civil dispute pending between the accused and the complainant’s family and that there is a complaint and counter complaint and that further, the question as to who were the aggressors, is a matter to be proved during trial, the petitioner is entitled to be enlarged on bail in the event of his arrest.
6. The plea of learned High Court Government Pleader that for the purpose of recovery and custodial interrogation the petitioner is required could be taken note of by imposing appropriate conditions while granting the relief.
7. It is further noted that no case is made out for custodial interrogation for the present. However, for the purpose of recovery and only insofar as recovery is concerned, in terms of Section 27 of the Evidence Act, the Police Authorities would be entitled to take petitioner into custody.
8. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.23/2019 for the offences punishable under Sections 323, 324, 307 read with Section 34 of IPC, subject to the following conditions:-
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.23/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) The petitioner can be taken into custody if circumstances so warrant only for the purposes of discovery in terms of Section 27 of the Indian Evidence Act.
(vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VGR