Karnataka High Court
Sri. Krishnappa S/O. Satappa ... vs The State Of Karnataka on 28 November, 2017
Author: K.Somashekar
Bench: K. Somashekar
1
THE HIGH COURT OF KARNATAKA
DHARWAD BENCH R
DATED THIS THE 28TH DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
Crl.P.No.102515/2017
BETWEEN
SRI.KRISHNAPPA S/O.SATAPPA BEERAGOUDAR
AGE: 53 YEARS, OCC: AGRICULTURE,
R/O. KALLOLI, TAL: GOKAK,
DIST: BELAGAVI.
... PETITIONER
(BY SRI.SANTOSH B.MALAGOUDAR, ADVOCATE)
AND
THE STATE OF KARNATAKA
THROUGH PSI, GHATAPRABHA POLICE STATION,
REPRESENTED BY ITS ADDL SPP,
SPP OFFICE, HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
... RESPONDENT
(BY SRI.ANAND NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., SEEKING TO ALLOW THE CRIMINAL
PETITION AND KINDLY BE PLEASED TO ENLARGE HIM ON
BAIL IN THE EVENT OF HIS ARREST ON SUCH TERMS AND
CONDITIONS AS DEEMED FIT IN GHATAPRABHA POLICE
STATION IN ITS CRIME NO. 242 OF 2017 FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 326, 307,
302, 201, 354, 504 READ WITH 149 OF IPC.
2
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This criminal petition is filed under Section 438 of Cr.P.C., by the petitioner who has been arraigned as accused No.7 in Crime No.242/2017 of Ghataprabha P.S., registered for the offences punishable under Sections 143, 147, 148, 323, 326, 307, 302, 201, 354 and 504 read with Section 149 of the Indian Penal Code, 1860, seeking to enlarge him on bail, in the event of his arrest in the above crime.
2. The brief facts of the prosecution case are that on the basis of complaint lodged by Smt. Shobha Maladinni, wife of the deceased Basappa Maladinni. It is averred in the complaint that there was a dispute between the complainant and the accused relating to supply of water to the lands of the complainant. On 06.08.2017 at about 11:30 p.m., the accused persons formed themselves into an unlawful assembly, holding deadly weapons like sickle, long and sticks, picked up quarrel with the complainant and her husband along with their children 3 and abused them in filthy language. It is further averred that the accused were made attempt to outrage the modesty of the complainant by pulling, pushing by holding her saree and dragged her; with an intention to finish of the husband of the complainant, the accused persons mercilessly assaulted the deceased - Basappa Maladinni, the husband of the complainant and committed his murder. Thereafter, with an intention to destroy the evidence and with an intention to flee away from the clutches of legal punishment, after committing murder of the deceased, the accused thrown the dead body into the canal causing disappearance of the evidence. On filing of the complaint by the complainant before the respondent- Police, crime came to be registered by the Police for the aforesaid offences and thereafter the case has been taken up for investigation by the Investigating Officer and laid the charge sheet against the accused for the alleged offences.
3. Heard the learned counsel for the petitioner- accused and the learned HCGP for the respondent-State. 4
4. The learned counsel for the petitioner during the course of his arguments has taken through the averments made in the complaint, the FIR recorded by the Police in Crime No.242/2017 of Ghataprabh P.S., wherein the Investigating Officer recorded the statement of witnesses and conducted mahazar in the presence of the panch witnesses and after completion of investigation laid the charge sheet against the accused for the aforesaid offences.
5. It is further contended that the petitioner has been arraigned as accused No.7 and there is no specific overt act made against this accused in causing the death of the deceased - Basappa Maladinni, the husband of the complainant and also he did not inflict any injuries over the injured-Shrikant, as this accused alleged to be participated with other accused at the time of committing the alleged offences on 06.08.2017 at about 11:30 p.m. As there was a dispute between the complainant and the accused relating to supply of water to the lands of the complainant, for which the accused persons formed themselves into an unlawful assembly, holding deadly 5 weapons and caused the death of the deceased - Basappa Maladinni by inflicting injuries over the person. But false theory has been set up by the complainant to register the crime against the accused with an oblique motive just to give harassment to the accused. These are the materials which finds place in the record consisting the statement of witnesses and also mahazar conducted by the Investigating Officer during the course of investigation. It is submitted that there is no direct overt act attributed against this accused for eliminating the deceased Basappa Maladinni.
6. It is further submitted that the Doctor has opined that the death of the deceased was due to the brain injuries, as recorded in the postmortem report which is also included in the charge sheet which consisting of statements of witnesses recorded by the Investigating Officer during the course of investigation and so also the recording of voluntary statement relating to the offences which lugged against the accused, but there is no specific overt act attributed against this accused in causing the death of the deceased-Basappa Maladinni and there is no 6 evidence to show that subsequent to committing the murder of the deceased, the dead body was thrown into the canal with an intention to disappearance of evidence from the legal punishment. But the injured-Shrikant, who is said to have taken treatment for having infliction of injuries, but the injuries reveals that the said injuries are grievous in nature as well as simple in nature, as noted in the wound certificate collected by the Investigating Officer during the course of Investigation and the same is included in the charge sheet. Whereas, the Police are making hectic efforts to arrest this accused without there being any material and reason and so also the role made by this accused in eliminating the deceased-Basappa Maladinni so also the infliction of injuries over the person- Shrikant. Due to the apprehension of the arrest, this petition has been filed by the petitioner seeking to enlage him on bail in the event of his arrest by urging various grounds.
7. It is further submitted that this accused is suffering cardiac pain, due to that he has taken treatment in Gokak Diagnostic Center and the same has been 7 produced for perusal and also electro cardiogram report issued by the Doctor, which shows that he had undergone for medical test. By producing these documents in support of the grounds urged in this petition, counsel for the petitioner prays for anticipatory bail.
8. It is further contended that the petitioner hails from the respectable family and having deep roots in the society and moreover, the petitioner is ready and willing to abide by any terms and conditions that may be imposed by this Court while granting bail to him. It is further contended that after completion of investigation, the Investigating Officer laid the charge sheet, which consists the statement of witnesses and so also the material objects like sickle, long and sticks, which were alleged to be used by the accused at the time of committing the alleged offences and caused injuries to Shrikant and so also the eliminating the deceased Basappa Maladinni, have been seized by the Investigating Officer during the course of investigation in the presence of the panch witnesses. Hence, the presence of the petitioner is no more required for investigation. Therefore, the learned counsel for the 8 petitioner, on all these grounds praying to enlarge the petitioner on anticipatory bail.
9. Per contra, the learned HCGP for the respondent - State vehemently contended by drawing the attention of the Court to the averments made in the complaint, FIR, charge sheet, which has been laid by the Investigating Officer against the accused and statements of the charge sheet witnesses establishes the role played by this accused along with other accused who are the members of unlawful assembly, holding sickle, long and sticks, picked up a quarrel with the complainant and his family members with an intention to eliminate the deceased-Basappa Maladinni and also inflicted injuries over the person of Shrikant, who is the son of complainant. The motive for commission of the crime by the accused is in connection with supplying of water to the lands of the complainant and at the time of committing the alleged offences, the accused attempted to outrage the modesty of the complainant by pulling, pushing by holding her saree and dragged her. The same has been borne out in the complaint filed by the complainant and so also the 9 infliction of injuries over the person of the deceased which is reflected in the postmortem report issued by the Doctor, who conducted autopsy over the dead body. Whereas, this accused is absconding since from the date of committing the offences and that itself indicates that there are prima facie materials against the accused and in the event of his release on bail there is every possibility of he fleeing away from justice. Accordingly, the learned HCGP for the respondent - State submits that the petitioner does not deserve the bail and prays for dismissal of the bail petition filed by the petitioner.
10. Having regard to the contentions taken by the learned counsel for the petitioner as well as the learned HCGP for the respondent - State are concerned, it is relevant to state that on 06.08.2017 at about 11:30 p.m. the accused persons formed themselves into an unlawful assembly by holding deadly weapons and picked up quarrel with the complainant and his family members with an intention to eliminate the deceased-Basappa Maladinni and committed his murder and also infliced injuries over the person Shrikant, who is the son of complainant as well 10 as the deceased Basappa Maladinni. The motive for the said act is in connection with supplying water to the lands of the complainant and at the time of committing the alleged offences, the accused were made attempt to outrage the modesty of the complainant by pulling, pushing by holding her saree and dragged her. In the alleged incident which was occurred on 06.08.2017 at about 11:30 p.m., the accused persons mercilessly assaulted the deceased - Basappa Maladinni, who being the husband of the complainant. Subsequent to committing the murder of the deceased, the dead body was thrown into the canal with an intention to destroy the evidence to flee away from justice. But the injured- Shrikant, who is none other than the son of the deceased and the complainant also suffered injuries at the hands of the accused took treatment, but the injuries reveals that the said injuries are grievous as well as simple in nature.
11. Based upon the complaint filed by the complainant, crime came to be registered by the respondent - Police for the aforesaid offences and thereafter the Investigating Officer has investigated the 11 case and laid the charge sheet against the accused for the alleged offences. The dead body of the deceased was forwarded for conducting the postmortem by the Doctor. Accordingly, autopsy was held over the dead body and issued the report opining that death was due to the injuries on the vital parts of brain. Subsequent to registration of crime against the accused in Crime No.242/2017, the Investigating Officer laid the charge sheet, consisting the statement of witnesses and so also the material objects like sickle, long and sticks, which were alleged to have used by the accused at the time of committing the alleged offences in causing injuries over the person Shrikant and so also eliminating the deceased Basappa Maladinni, were said to have been seized by the Investigating Officer during the course of investigation in the presence of the panch witnesses.
12. Whereas, it is relevant to state that on 08.08.2017 the Investigating Officer recorded the statement of one Hanamant Balappa Hadaginyal being the relative of the Basappa Maladinni, in his statement, it is stated that Shivappa, Rukmavva, Krishnappa and Manju 12 have assaulted Shrikant with means of clubs on the left hand and over his person mercilessly, but the petitioner, who being arrayed as accused No.7 along with Shivappa and Manju assaulted the deceased-Basappa Maladinni with means of clubs on the parts of chest as well as on his back, the same has been reflected in the statement recorded by the Investigating Officer. Similarly on 08.08.2017, the statements of the Parasappa and Yallappa were recorded, wherein it is said that this petitioner, who was member of unlawful assembly participated in the crime along with other accused persons for committing the alleged offences and also causing injuries. Merely because the charge sheet is laid against the accused by the Investigating Officer for the alleged offences, that itself cannot be a ground to enlarge the petitioner on bail.
13. However, keeping in view the submission made by the learned counsel and also the materials which were find place in the records relating to the alleged crime, as where the accused is requires to be facing of trial for the aforesaid heinous offences are concerned, it is said that there are no substances in the contention taken by the 13 learned counsel for the petitioner/accused seeking bail as sought for by urging various grounds. It is relevant to state that the accused is involved in the heinous offences, which is punishable under Section 302 of IPC along with other offences and if the accused is supposed to be released on bail, certainly it shall be an adverse impact on the society.
14. Therefore, for the aforesaid reasons looking to the gravity of the offences alleged against the petitioner and totality of the facts and circumstances of the case, I am of the considered opinion that the petitioner/accused does not deserve for bail. Accordingly, I proceed to pass the following:
ORDER The petition filed by the petitioner under Section 438 of Cr.P.C. seeking anticipatory bail is hereby rejected.
SD/-
JUDGE Vnp*