IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.9636/2018 BETWEEN:
SMT. SUMITHRA BAI W/O. MURTHY NAIK AGED ABOUT 28 YEARS R/AT. THIPPAGATTA VILLAGE BANAVARA HOBLI ARASIKERE TALUK HASSAN DISTRICT – 34 … PETITIONER [BY SRI. PRATHEEP K.C., ADVOCATE] AND:
THE STATE OF KARNATAKA REP. BY NUGGEHALLI POLICE STATION HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 01 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.236/2018 OF NUGGEHALLI P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S. 302, 201 R/W. 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused No.4 under Section 439 of Cr.P.C. seeking her release on bail in Crime No.236/2018 of Nuggehalli Police Station, Hassan District, for the offences punishable under Sections 302, 201 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner/accused No.4 and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 23.09.2018 at about 10 pm, when the accused persons and deceased were present, CW.3-Devaraju came and gave coolie amount in the hands of the deceased and for the purpose of disbursement of the said amount there was quarrel between Accused Nos. 1 to 4 and the deceased. It is further alleged that in the pull and push, the present Accused No.4 fell down and at that time Accused No.1 Ranganatha Nayaka picked up a spade and assaulted the deceased and as a result of the same, he sustained grievous injuries and at that time, the Accused Nos. 2 to 4 also assaulted with hands and hence he fell down. The present Accused No.4 informed wife of the deceased and the complainant came and noticed that already deceased has succumbed to the injuries. On the basis of the complaint, a case has been registered.
4. It is submitted by the learned counsel for the petitioner/accused that there is no overt acts alleged against the Accused No.4. She is innocent and the statement of Gangadhara who is said to be the eye witness, has clearly stated that it is Accused No.1 who has assaulted with spade. He further submitted that as per the post mortem report, the death is due to blunt injuries sustained to the chest and it is Accused No.1 who has assaulted with spade and as a result of which he died. He further submitted that it is Accused No.4 who has informed wife of the deceased and she is innocent in the alleged incident. He further submitted that he is ready to abide by the conditions and offer sureties which are imposed by this Court. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner and other accused persons took up quarrel and in such quarrel they have assaulted the victim by spade due to which he died. There is prima facie material as against the petitioner. He further submitted that opinion of the Doctor also clearly goes to show that the victim died due to the injuries to the chest. On these grounds, he prayed for dismissal of the petition.
6. I have carefully and cautiously gone through the contents of the complaint and submissions made by the learned counsel for the parties and perused the other materials placed on record.
7. On close scrutiny of the records, it indicates that already charge sheet has been filed and charge sheet material was also made available before this Court. By going through the statement of Gangadhara recorded on 27.09.2018, it indicates that some altercation took place between the deceased and accused persons and at that time present petitioner/Accused No.4 fell down and at that time the Accused No.1 took spade and assaulted on the deceased and thereafter it is Accused Nos.2 to 4 assaulted with hands and attacked him and thereafter Accused No.4 informed the wife of the deceased about the injuries caused and thereafter a complaint has been filed. There are no specific overt acts as against accused No.4/petitioner. Be that as it may, the Accused No.4/petitioner is a woman. There is no specific overt acts connected to this accused for the offence. Under the said facts and circumstances, this Court is of the opinion that by imposing stringent conditions if the accused-petitioner is enlarged on bail, it would meet the ends of justice.
8. In the light of the above discussion, petition is allowed.
9. Petitioner/Accused No.4 is enlarged on bail in Crime No.146/2018 of Nuggehalli Police Station for the offences punishable under sections 302, 201, 34 of IPC subject to the following conditions:
1. Petitioner/accused No.4 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. She shall not tamper with the prosecution evidence in any manner directly or indirectly.
3. She shall not leave the jurisdiction of the court without prior permission.
4. She shall be regular in attending the trial on all the dates of hearing.
Sd/- JUDGE AN/-