IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 291/2019 BETWEEN 1. SWAMY S/O SHAMBEGOWDA AGED ABOUT 32 YEARS RESIDING AT CHAMBALAKKIDODDI VILLAGE UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT – 562 126 2. SHIVANNA @ KARIYA S/O DODDEEREGOWDA @ KULLEGOWDA AGED ABOUT 27 YEARS RESIDING AT KONTAKERE DODDI VILLAGE UYYAMGALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT – 562 126 ... PETITIONERS (BY SRI. S.G. LOKESH, ADVOCATE) AND STATE BY KODIHALLI POLICE STATION REPRESENTED BY STATE P.P.
HIGH COURT OF KARNATAKA BANGALORE – 560 001 …. RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.97/2018 (S.C.NO.5031/2018) OF KODIHALLI P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/Ss. 120B, 143, 147, 148, 506B, 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP appearing for the respondent-State. Perused the records.
2. The respondent-police have laid the charge sheet against as many as eight accused persons for the offence punishable under Sections 120(B), 143, 147, 148, 506-B, 302 r/w. 149 of IPC on the allegations that, the petitioners (A1 & A2), on 09.05.2018, in order to do away with the life of the deceased Nanjaiah on the ground that, the deceased had illicit intimacy with various women in the village and also he has ravished one Shashilekha and some other girls. Therefore, in order to teach him a lesson, the accused persons have decided to remove him from the universe. In this background it is alleged that, on the date of incident in question, at about 5.10 p.m., all the accused persons went inside the house of the said Nanjaiah and in the presence of his family members, they dragged him out of his house and started assaulting him. Particularly, it is alleged that, Accused Nos. 3 to 8 have instigated Accused Nos. 1 & 2 for dragging the said Nanjaiah out of his house and Accused No.1 has assaulted the deceased and caused grievous injuries to the deceased with a rod, due to which the deceased suffered as many as eleven injuries, which includes multiple abrasions and contusions on different parts of his body. Apart from that, both elbows of the deceased were broken and bones of legs were dislocated.
3. On over all consideration of the injuries sustained by the deceased and taking into the doctor’s opinion that the death was due to shock and hemorrhage, as a result of multiple abrasions and contusions and dislocation of bones sustained by the deceased, I am of the opinion that petitioner No.1(A2) does not deserve for grant of bail. Though it is submitted that Accused persons 3 to 8 were already released on bail, but looking to the facts and circumstances of the case, there are serious allegations against this petitioner (A1) and he actually assaulted the deceased knowing fully well that his acts would take away the life of the deceased. It is alleged that Accused No.2 (petitioner No.2 herein) was also selected the legs of the deceased and assaulted. But, it has to be established during the course of trial that, Accused No.2 with a common intention of committing murder of the deceased, along with Accused No.1, had participated in the said incident. There are eyewitnesses viz., CWs. 3 to 5 to the incident, who have categorically stated as to how the incident had happened. Therefore, there are serious allegations made against Accused No.1 (petitioner No.1 herein), who has caused injuries all over the body of the deceased including breaking of legs and hands of the deceased. Therefore, in the facts and circumstances of the case, Accused No.1 i.e., the petitioner No.1 herein is not entitled to be enlarged on bail. However, Petitioner No.2 (A2), though has also caused injuries to the deceased, it is not so severe in nature, therefore, he is entitled to be enlarged on bail under Section 439 of Cr.PC. Hence, the following:-
ORDER i) Petition is partly allowed.
ii) Petition in so far as petitioner No.1 (A1) is concerned, is dismissed.
iii) Petition in so far as petitioner No.2 (A2)- Shivanna @ Kariya is allowed. Consequently, the petitioner No.2 (A2) shall be released on bail in connection with SC No.5031/2018 (Crime No. 97/2018 of Kodihalli PS, Ramanagara District) for the aforesaid offences, now pending on the file II Addl. District and Sessions Judge, Ramanagara Sitting at Kanakapura, subject to the following conditions:-
iv) The petitioner No.2(A2) shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
v) The petitioner No.2 (A2) shall not tamper the prosecution witnesses.
vi) The petitioner No.2 (A2) shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioner No.2 (A2) shall not leave the jurisdiction of the concerned trial Court without prior permission of the Court, till the case registered against him is disposed of.
Sd/- JUDGE KGR*