Karnataka High Court
Shri Kumar S/O Maruti Hanamakki vs State Of Karnataka on 7 September, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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CRL.P No. 102313 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 7TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR
AMARANNAVAR
CRIMINAL PETITION NO. 102313 OF 2022
BETWEEN:
SHRI KUMAR S/O MARUTI HANAMAKKI,
AGED ABOUT 25 YEARS,
OCC. AGRICULTURE,
R/O. KANCHAKARWADI,
TQ. RAIBAG,
DIST. BELAGAVI-591317.
...PETITIONER
(BY SRI. K.ANANDKUMAR, ADVOCATE)
AND:
STATE OF KARNATAKA
THROUGH RAIBAG POLICE STATION,
BY STATE PUBLIC PROSECUTOR SPP,
HIGH COURT BUILDING,
DHARWAD BENCH,
AT DHARWAD-580051.
...RESPONDENT
(BY SRI. PRASHANTH V.MOGALI, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL
PETITION AND ORDER FOR RELEASE THE
PETITIONER/ACCUSED NO.1 ON BAIL IN CRIME
NO.131/2020 RAIBAG POLICE STATION PUNISHABLE
UNDER SECTIONS 143, 147, 148, 324, 307, 302, 201,
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CRL.P No. 102313 of 2022
176, 120(B), 212 READ WITH SECTION 149 OF IPC,
PENDING BEFORE THE LEARNED PRINCIPAL CIVIL JUDGE
AND JMFC COURT RAIBAG, AS PETITIONER IS
CONCERNED.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The successive petition is filed by accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.131/2020 of Raibag Police Station, registered for the offences punishable under Sections of 143, 147, 148, 324, 307, 302, 201, 176, 120(B), 212 read with Section 149 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Raghavendra Suresh Metri has filed complaint stating that he is the resident of Bendiwad village and currently staying in his -3- CRL.P No. 102313 of 2022 building along with his family members and it is situated at Gerinayaknawadi. It is further submitted that on 03.06.2020 he slept at 11 p.m. along with his brother Manjunath and his cousin brother Kalmeshwar Gopala Mane. At about 3 a.m. they heard some noise and came out of the house and saw about six persons on two motor cycles. He realized that they had come to steal the buffalo, the complainant and his uncle deceased Mukunda chased them on bike. After chasing them for some time, the accused persons stopped their vehicles near Mavinhonda village and started pelting stones on them and assaulted them with deadly weapons, complainant fell unconsciousness and was thrown in the nearby well situated besides the road. As soon as he regained consciousness, he came out with the help of rope with great difficulty due to grievous -4- CRL.P No. 102313 of 2022 injuries he has sustained. However, he could not find the whereabouts of his uncle as it was dark and ran to a nearby house and woke them up and informed them about the incident that had taken place and brought them to the place where the incident had taken place and after search, his uncle Mukunda (deceased) was found dead inside the well and it was at 3.45 a.m. Thereafter, on 04.06.2020 after taking treatment at Gokak Hospital the complainant has filed the complaint against six unknown persons before the Raibag Police and it is registered in Crime No.131/2020 of Raibag Police Station. Raibag Police undertook investigation and later found this petitioner/accused No.1. The petitioner came to be arrested on 25.06.2020 and he has been remanded to judicial custody. The petitioner filed Crl. Misc.No.5322/2021 seeking bail and -5- CRL.P No. 102313 of 2022 the same came to be rejected by the learned VII Additional District and Sessions Judge, Belagavi sitting at Chikkodi by order dated 21.06.2021. Earlier, this petitioner had filed Criminal Petition No.102138/2021 and the same came to be rejected by order dated 24.11.2021. Thereafter, the petitioner has filed Criminal Misc. No.5475/2022 seeking bail and the same came to be rejected by the learned VII Additional Sessions Judge, Belagavi, sitting at Chikkodi by order dated 02.08.2022. Therefore, the petitioner is before this Court seeking bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned High Court Government Pleader for the respondent-State.
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4. The learned counsel for the petitioner would contend that the accused Nos.2 to 10 have been granted bail. It is his further submission that accused No.2 who is similarly placed to that of this petitioner/accused No.1 has been granted bail by this Court in Criminal Petition No.101682/2022 and therefore, this petitioner is entitled for grant of bail on the ground of parity. He submits that the petitioner is ready to furnish surety and abide by any terms and conditions imposed by this Court. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the petitioner has not made out any grounds for considering his successive petition. The petitioner is involved in Crime No.142/2019 of Raibag Police Station registered for the offence punishable under Section 302 of IPC and -7- CRL.P No. 102313 of 2022 therefore, he is not entitled for grant of bail on the ground of parity. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records and order passed by Sessions Court.
7. The accusation leveled against this petitioner/accused No.1 is that, he assaulted the pillion rider with axe on his head and assaulted the rider on his chest. The accusation leveled against the accused No.2 is that, he assaulted the pillion rider with axe on his head and rider on his back. The accusation leveled against both the accused Nos.1 and 2 are similar therefore, the petitioner/accused No.1 is entitled for granted of bail on the ground of -8- CRL.P No. 102313 of 2022 parity. Merely because a case is registered against the petitioner in Crime No.142/2019 and he is having criminal background is not a ground for rejecting his bail petition in view of the decision of the Hon'ble Apex Court in the case of PRABHAKAR TEWARI vs. STATE OF UTTAR PRADESH AND ANOTH ER reported in (2020) 11 SCC 648 . The main apprehension of the prosecution is that, if the petitioner is granted bail, he will threaten the complainant and other prosecution witnesses and commit similar offence, can be met with by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Accordingly, I proceed to pass the following:
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ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.131/2020 of Raibag Police Station subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall attend the Court on all the dates of hearing unless exempted and co-operate in speedy disposal of the case.
iv) The petitioner shall not involve himself in commission of any offence.
If he is found involved in any offence,
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CRL.P No. 102313 of 2022 the prosecution is at liberty to seek cancellation of bail.
Sd/-
JUDGE RH