Karnataka High Court
Ravi And Anr vs The State Of Karnataka on 22 October, 2018
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF OCTOBER-2018
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200990/2018
Between:
1. Ravi S/o Basavaraj Sonnad,
Age: 24 years, Occ: Driver,
R/o Near Kolkur Cross Jewargi,
Tq; Jewargi, Dist: Kalburagi-585310.
2. Sharanabasappa S/o Basavaraj Sonnad,
Age: 22 years, Occ: Driver,
R/o Near Kolkur Cross Jewargi,
Tq; Jewargi, Dist: Kalburagi-585310.
... Petitioners
(By Sri, Rajesh G. Doddamani, Advocate)
And:
The State of Karnataka
Represented by Jewargi Police Station Jewargi,
Tq: Jewargi, District Kalburgi-585310.
... Respondent
(By Sri, P.S.Patil, HCGP)
This Criminal Petition is filed under Section 439 of
Criminal Procedure Code, praying to release the petitioners
on regular bail in Crime Number 211/2018 registered by
Jewargi Police Station Jewargi pending on the file of Civil
Judge (Jr.Dn.) & JMFC, Jewargi for the offences punishable
under Sections 341, 323, 324, 307, 427, 504, 506 R/w 34
Indian Penal Code 1860, the interest of justice.
This petition coming on for Orders this day, the
Court made the following:
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ORDER
The petitioners who are accused No.1 and 2
respectively have filed this petition seeking bail in connection with Crime No.211/2018 of Jewargi Police Station, registered for the offences punishable under Sections 323, 324, 307, 427, 504, 506 R/w Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader representing the respondent-State.
3. The brief facts of the prosecution case is that on 21.08.2018 at about 6.30 PM, the complainant was proceeding from Hyderabad to Goa by driving his lorry bearing No.AP-29/TA-9784. When he reached near Jewargi Bus Depot, accused No.1 tried to over take his lorry. However, the complainant could not give way to accused No.1 as there was a bus coming from the opposite side. Accused No.1 thereafter waylaid the vehicle of the complainant and abused him and also slapped him. 3 Thereafter, the complainant went towards Jewargi. It is the further case of the prosecution that at about 7.00 PM, accused No.2 came in a Auto bearing No.KA-32-C-8938 and stopped the lorry of the complainant and accused No.1 also came there and they picked up quarrel with the complainant and with an intention to commit the murder, accused No.1 assaulted with iron rod on the head of the complainant and caused bleeding injuries. Accused No.2 assaulted with an iron rod on his left leg below the knee and caused bleeding injuries. They also caused damaged to the lorry.
4. The learned counsel for the petitioners submitted that the petitioners are brothers and a false case has been foisted against them. He would submit that the injured has already been discharged from the hospital and the petitioners are arrested on 22.08.2018 and interrogated and they are not required for further investigation and accordingly he seeks to release the petitioners on bail.
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5. Per contra, the learned High Court Government Pleader opposed the grant of bail to the petitioners contending that the investigation is pending and if the petitioners are enlarged on bail, then they may tamper with the prosecution witnesses.
6. The petitioners are arrested on 22.08.2018 and they have been interrogated and they are now in judicial custody. The discharge summary of the injured made available by the learned counsel for the petitioners goes to show that the injured complainant was discharged from the hospital on 01.09.2018. Considering the aforesaid facts and circumstances, without opining on the merits of the case, I am of the view that the petitioners may be enlarged on bail subject to condition. Accordingly, I pass the following..
ORDER Petition is allowed. The petitioners are enlarged on bail subject to the following conditions. 5
a) Petitioners shall execute a personal bond in a sum of Rs.50,000/- (Fifty Thousand only) each with two sureties for the likesum to the satisfaction of the learned Magistrate.
b) Petitioners shall not either directly or indirectly tamper with the prosecution witnesses in any manner.
c) Petitioners shall cooperate with the investigation and they shall mark their attendance before the jurisdictional Police Station on every Sunday between 10.30 AM and 4.30 PM till the filing of the final report or until further orders.
d) Petitioners shall be regular in attending the Court proceedings.
If any of the conditions are violated, then the prosecution is at liberty to move this Court for cancellation of bail.
Sd/-
JUDGE SMP