Karnataka High Court
Nagesh@ Nagappa vs The State Of Karnataka on 10 September, 2018
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF SEPTEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200771/2018
BETWEEN:
NAGESH @ NAGAPPA S/O DURGAPPA
AGE: 23 YEARS OCC: AGRICULTURE
R/O: KASANDODDI GRAMA
TQ: MANVI DIST: RAICHUR-586101.
... PETITIONER
(BY SRI.SHIVANAND.V.PATTANASHETTI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY ADDL. SPP KALABURAGI
BENCH-585107
(THROUGH SIRWAR POLICE STATION
TQ: MANVI & DIST:RAICHUR-586101)
... RESPONDENT
(BY SRI.P.S.PATIL, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CRIMINAL PROCEDURE CODE PRAYING TO GRANT
THE ANTICIPATORY BAIL TO THE PETITIONER/ACCUSED
NO.2 AND DIRECT THE SIRWAR POLICE TO RELEASE THE
PETITIONER/ACCUSED NO.2 ON BAIL IN THE EVENT OF
HIS ARREST IN C.C.NO.291/2017 (SIRWAR POLICE
STATION CRIME NO.14/2017) FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 307, 326,
323, 504 AND 506 READ WITH SECTION 149 OF INDIAN
PENAL CODE, PENDING ON THE FILE OF THE JMFC COURT
AT: MANVI DIST: RAICHUR.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner who is accused No.2 in Crime.No.14/2017 of Sirwar Police Station, which was registered on the complaint lodged by Basanna who is injured in this case. After completion of the investigation, 3 the police have laid the charge sheet against six accused persons for the offences punishable under Sections 143, 147, 148, 307, 326, 323, 504 and 506 read with Section 149 of Indian Penal Code.
2. It is the case of the prosecution that, the complainant's daughter viz., Channamma was given in marriage to one Mahantesh s/o Durgappa Nayak. Subsequently, the said Mahantesh deserted his wife and contacted another marriage. Thereafter, the relationship between the parties was not cordial. Subsequently, the said Mahantesh was murdered. In this regard there was a case registered against the complainant's parties. In this background the accused persons were nurturing ill-well against the complainant and others. In view of the said enmity, on 19.01.2017 at 08.00 a.m. when complainant along with his brother Yallappa was proceeding to attend the Court in Raichur, at that time, accused persons who had formed an unlawful assembly came near the complainant and picked up quarrel with him. They 4 assaulted him with stone and also with a stick. Further the case of the prosecution is that, they also assaulted with hands and kicked the complainant and caused injuries.
3. The learned counsel for the petitioner would submit that, now the investigation has been completed and charge sheet has been filed. He further submits that, the accused Nos.1 and 3 have been released on statutory bail and accused Nos.4 to 6 have been granted anticipatory bail by the Court below. He further submits that, the petitioner who is shown as accused No.2 is a young boy and is not required for any custodial interrogation. He further submits that, the injured has been discharged from the Hospital. Hence, he prayed to allow the petition.
4. On the other hand the learned High Court Government Pleader, appearing for the respondent-State submits that, accused persons have assaulted with club and caused fracture to the left hand of the complainant. Hence, he prayed to reject the petition. 5
5. The incident has taken place on 19.01.2017. The discharge summary of the injured shows that, he was admitted on 19.01.2017 and discharged on 28.03.2017. The investigation is completed and charge sheet has been filed. It is seen that, all the other accused have been granted bail. It is no doubt that, there are specific overt acts against accused No.2 i.e., petitioner herein that he assaulted with a club on the left hand of the injured. However, considering the above facts and circumstances, I am of the view that, the petitioner can be enlarged on anticipatory bail by imposing conditions. Accordingly, I proceed to pass the following;
ORDER The petition is allowed.
The petitioner/Accused No.2 shall be released on bail in the event of his arrest in connection with Crime No.14/2017 registered by the Sirwar Police Station, for the offences punishable under Sections 143, 147, 148, 307, 6 326, 323, 504 and 506 read with Section 149 of Indian Penal Code, (C.C.No.291/2017 on the file of the JMFC Court, Manvi, Raichur District), on the following conditions;
i. The petitioner/Accused No.2 shall
surrender himself before the
Investigating Officer on or before
20.09.2018 and execute his personal
bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii. The petitioner shall not leave the jurisdiction of the trial Court without the prior permission of the learned Sessions Judge.
iii. The petitioner/Accused No.2 shall be regular in attending the Court proceedings on all dates of hearing.
Sd/-
JUDGE KJJ