IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.1035 OF 2017 BETWEEN YOGESHA @ SHIVARAJU S/O LATE NANJAIAH AGED ABOUT 30 YEARS R/O KURISIDDANAHUNDI STREET YADADORE VILLAGE KASABA HOBLI, T.NARASIPURA TALUK MYSORE DISTRICT – 570 001 (BY SRI. VIKAS.M., ADV., FOR SRI. SACHIN B.S., ADV., ) ... PETITIONER AND STATE OF KARNATAKA BY T. NARASIPURA POLICE STATION BY SPP, HIGH COURT OF KARNATAKA BENGALURU – 560 001 (BY SRI.CHETAN DESAI, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.236/2016 OF T.NARASIPURA POLICE STATION, MYSURU DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 504 AND 302 READ WITH SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS 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.
2. The petitioner (accused No.5) along with seven others is charge sheeted by the respondent-police in respect of the offences punishable under Sections 143, 147, 148, 504 and 302 r/w 149 of IPC in their Crime No.236/2016.
3. The allegation is, the deceased had affair with his own mother-in-law (accused No.4). Disgusted by the said relationship, the family members deprecated the deceased and also accused No.4. On 28.08.2017, on seeing the deceased in the house, accused No.3 who is the son of accused No.4 deplored him and abused him in filthy language. The co-accused surrounded him assaulted with the clubs and Mangaluru Roof Tile. The 4th accused also assaulted the petitioner with Mangaluru roof tile on the deceased. Deceased was shifted to hospital by CW-10 and while on treatment he expired on 01.09.2016. The co- accused Nos.2 to 4 and 7 and 8 are on bail.
4. The specific role attributed to this petitioner is, he assaulted the deceased with Mangaluru roof tile. As per the contents of the spot Mahazar, the Mangaluru roof tile was not blood stained. As per the postmortem report, the deceased had succumbed to septic shock as a complication of head injury. This petitioner is not a member of the family of the 4th accused. The complainant is not the eye witness. The statement of eye witnesses i.e. CWs2 to 6 is yet to be tested during the course of cross-examination. Since investigation is complete, there is no impediment to allow the petition.
5. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.236/2016 registered by the respondent-police, subject to the following conditions:-
i) He shall execute a self bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two local sureties for the like sum to the satisfaction of the concerned Court.
ii) He shall attend the Court regularly and punctually and shall not threaten or prevail upon the prosecution witnesses.
Sd/- JUDGE BS