Karnataka High Court
Shri Yallappa Nayak vs The State Of Karnataka on 18 February, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
DATED THIS THE 18TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE Mr. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION No.102482/2021
BETWEEN :
Shri Yallappa Nayak
S/o Yallappa Nayak
Occ : Employee in Cylinder Factory
Aged about 27 years
Residing at Muttyanatti Village
Kamanna Galli
Taluk and District Belagavi. ... PETITIONER
(By Sri Suraj Mutnal S, Advocate)
AND :
The State of Karnataka
Through Kakati Police
Represented by State Public
Prosecutor, High Court of Karnataka
Dharwad Bench - 580 001. ... RESPONDENT
(By Smt. Girija S Hiremath, HCGP)
---
This Criminal Petition is filed under Section 439 of
Cr.P.C., with a prayer to enlarge the petitioner/accused No.2 on
bail in SC No.387/2019 (Kakati P.S. Crime No.134/2019)
implicating him for offences punishable under Sections 302,
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323, 504, 506, R/W Section 34 of IPC pending on the file of XI
Additional District and Sessions Judge, at Belagavi.
This Criminal Petition coming on for Orders through
personal hearing/video conference this day, the Court passed
the following;
ORDER
This successive bail petition is filed by accused No. 2 under Section 439 of Cr.P.C. in Kakati Police Station Crime No. 134/2019 (S.C. No. 387/2019) pending on the file of XI Additional District and Sessions Judge, Belagavi for the offence punishable under Section 302, 323, 504, 506 read with Section 34 of IPC.
2. Case of the prosecution is that one Sri. Parashuram Kannappa Nayak resident of Mutyanatti village, Taluk and District Belagavi filed a complaint with Kakati Police Station alleging that on 27.06.2019 himself and his younger brother - deceased Sidrai were returning from their field. It is further stated that himself and one Halappa stopped for urination and at that time his younger 3 brother Sidrai was going to his house and at that time accused No. 1 - Yallappa Nayak who is petitioner herein and accused No. 2 and accused Nos. 3 and 4 came there with sickle and caught hold of Sidrai abused him in filthy language and said 'what will happen if cattle graze in mango plantation.' Accused No. 1 assaulted with the sickle on Sidrai's neck and he fell down in drainage, then accused No. 2 also assaulted with sickle on his back and hand. Accused Nos. 3 and 4 also assaulted Sidrai. After hearing the sound, other people came and pacified them and all the accused threatened them. At that time it was 10.00 pm. Sidrai died on the spot. Accused No. 3 used to take her cattle for grazing in the mango garden belonging to them and Sidrai was upset with this and had quarreled in this regard. Due to this reason they all assaulted and murdered him. On the complaint, case has been registered un Kakati Police Station in Crime No. 134/2019. Petitioner was arrested on 01.07.2019. The Police, after completing the investigation, have filed charge sheet for the offence 4 punishable under Sections 302, 323, 504, 506 read with Section 34 of IPC. The case is now pending for trail in S.C. No. 387/2019 on the file of XI Additional District and Sessions Judge, Belagavi. The petitioner had earlier approached this Court in Crl.P. No. 101001/2020 seeking bail and the same came to be rejected by order dated 08.09.2020. Thereafter, the petitioner filed Crl.Misc. No. 579/2021 seeking bail and the same came to be rejected by XI Additional Sessions Judge, Belagavi by order dated 14.06.2021.
3. Thereafter petitioner had filed Crl.P. No. 101666/2021 along with accused No. 1 and the same came to be rejected by order dated 21.09.2021. Thereafter, the petitioner has filed Crl.Misc. No. 1209/2021 seeking bail and the same came to be rejected by the XI Additional Sessions Judge, Belagavi dated 18.11.2021. Therefore, the petitioner is before this Court seeking bail. 5
4. Heard the learned counsel for the petitioner - accused No. 2 and the learned High Court Government Pleader for the respondent - State.
5. Learned counsel for the petitioner submitted that this is second successive bail petition filed by the petitioner on the ground that his mother is suffering from Paranoid Schizophrenia and there is no other male member in the family to look after her and to provide her treatment. It is his further submission that his mother has to be taken to NIMHANS, Bengaluru, for treatment. With this he prayed to allow the petition.
6. Per contra learned High Court Government Pleader would contend that the offence alleged against the petitioner is heinous offence. On earlier occasion this Court considering the heinousness of the offence and the overt acts alleged against the petitioner has rejected his petition and first successive petition.
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7. Having regard to the submissions made by the learned counsel for the petitioner and the learned High Court Government Pleader this Court has gone through the records.
8. The learned counsel for the petitioner has produced the out patient record of the Belagavi Institute of medical Science, Belagavi dated 08.11.2021 pertaining to his mother Smt. Sattevva Y. Nayak aged 60 years wherein she was diagnosed with Paranoid Schizophrenia. The mother of the petitioner was taken to the said hospital with symptoms that she has suspiciousness, talking to self, less sleep, irritability, abusive, hearing of voices. The husband of the said Smt. Sattevva Y. Nayak died 20 years ago and her two sons including the petitioner herein are in judicial custody. There is no male member in the family to provide medical treatment to the mother of the petitioner. Therefore, considering the said aspect the petitioner is 7 entitled for grant of bail for a temporary period of four months with conditions. In the result, the following;
ORDER Petition filed under Section 439 of Cr.P.C. is partly allowed. Consequently, the petitioner accused No. 2 shall be released on bail in Crime No.134/2019 (S.C. No. 387/2019) of Kakati Police Station for a period of four months subject to following conditions:
i. The petitioner - accused No. 2 shall execute a personal bond for a sum of Rs.1.00 lakh (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii. The petitioner - accused No. 2 shall not indulge in tampering the prosecution witness. iii. The petitioner - accused No. 2 shall not seek any further extension.8
iv. The petitioner - accused No. 2 shall mark his presence in the jurisdictional Police Station once in 15 days.
v. The petitioners-accused No.2 shall attend the Court on all dates of hearing unless exempted. vi. The petitioner - accused No. 2 shall voluntarily surrender after four months from the date of his release to the jurisdictional Court.
Sd/-
JUDGE LRS.
Ct.sm