Karnataka High Court
Obanna @ Alik Obayya vs The State Of Karnataka By on 20 May, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF MAY, 2014
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRL.P.No.2597/2014
c/w
CRL.P.NOS.2669/2014 & 2671/2014
CRL.P.NO.2597/2014
BETWEEN:
OBANNA @ ALIK OBAYYA
S/O OBAYYA
AGED ABOUT 40 YEARS
POLICE HEAD CONSTABLE
VIDYANAGARA POLICE STATION
DAVANAGERE 577 001
... PETITIONER
(BY SRI.RAVINDRA B DESHPANDE, ADVOCATE)
AND:
THE STATE OF KARNATAKA BY
EXTENSION POLICE STATION
DAVANAGERE - 577 001
... RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONER ON
BAIL IN THE EVENT OF HER ARREST IN CR.NO.77/2014
OF DAVANAGERE P.S., WHICH IS REGD., FOR THE
OFFENCE PUNISHABLE UNDER SECTION 143, 147, 302,
324, 114, 504 AND 506 READ WITH SEC. 149 OF IPC.
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CRL.P.NO.2669/2014
BETWEEN:
1. GOWRAMMA
W/O DEVENDRAPPA
AGED ABOUT 80 YEARS
HOUSEHOLD WORK
2. MALLESH
S/O DEVENDRAPPA
AGED ABOUT 53 YEARS
CARPENTER
3. NEELAVVA
W/O MALLESH
AGED ABOUT 40 YEARS
HOUSEHOLD WORK
4. BASAVA @ BASAVARAJA
S/O DEVENDRAPPA,
AGED ABOUT 39 YEARS
CARPENTER
5. SUDHA
W/O BASAVAAJA
AGED ABOUT 29 YEARS
HOUSEHOLD WORK
6. SHANKARAMMA
W/O HONNAPPA
AGED ABOUT 35 YEARS
COOLIE WORKER
7. GADIGEMMA
W/O DEVENDRAPPA
AGED ABOUT 60 YEARS
HOUSEHOLD WORK
8. SHYAMU
S/O AGADI DEVENDRAPPA
AGED ABOUT RS
GARAGE WORKER
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ALL ARE RESIDING AT
DEVAAJA URS BADAVANE, "B" BLOCK
DAVANAGERE-577 006
... PETITIONERS
(BY SRI.S G RAJENDRA REDDY, ADVOCATE)
AND:
THE STATE BY DAVANAGERE EXTENSION POLICE
STATION
DAVANAGERE
RPTD. BY S.P.P
HIGH COURT
BANGALORE-560 001
... RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C
WITH A PRAYER TO ENLARGE THE PETITIONERS ON
BAIL IN THE EVENT OF THEIR ARREST IN CR.
NO.77/2014 OF DAVANAGERE EXTENSION P.S.,
DAVANAGERE, WHICH IS REGISTERED FOR THE
OFFENCE P/U/S 143,147,302,324,114,504 AND 506
R/W 149 OF IPC.
CRL.P.NO.2671/2014
BETWEEN:
SHIVAKUMAR
S/O DEVENDRAPPA
AGED ABOUT 35 YEARS
DEVARAJA URS BADAVANE,
"B" BLOCK,
DAVANGERE-577006
...PETITIONER
(BY SRI. S G RAJENDRA REDDY, ADV.)
AND:
THE STATE BY DAVANAGERE EXTENSION POLICE
STATION
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DAVANGERE
RPTD. BY S.P.P.,
HIGH COURT
BANGALORE-560001
...RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)
THIS CRL.P. IS FILED UNDER SECTION 438 CR.P.C
WITH A PRAYER TO NLARGE THE PETITIONER ON BAIL
IN CR. NO.77/2014 OF DAVANAGERE EXTENSION P.S.,
DAVANAGERE, FOR THE OFFENCE P/U/S
143,147,302,324,114,504 AND 506 R/W 149 OF IPC.
THESE CRL. PETITIONS COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING: -
COMMON ORDER
Heard the learned counsel for the petitioners an the learned HCGP.
2. These petitions are disposed of by this common order.
3. These petitioners are all arrayed as accused in a criminal case instituted at the instance of one Ashok who is said to be the brother of one Geetha who was married to accused No.1. The other accused are related to Shivakumar except accused No.10 who is a police constable. It transpires that there was no such case against the accused in the first instance -5- and it is only after a period of 69 days that the brother of the deceased had lodged a complaint to the effect that he had been informed by his sister prior to her death, of her suspicion, that her husband had mixed a poisonous substance in her food and that it may possibly lead to her death. It is on the basis of that complaint all the petitioners have been arrayed as accused and cases have been registered for offences punishable under Sections 506, 504, 324, 498A, 143, 147, 114 & 302 read with Section 149 of the IPC.
4. On the face of it, the complaint itself is belated and appears to have been lodged without any other incriminating material except making serious allegations, of the complainant having seen the dead body of his sister and having found that his sisters face was swollen and blood was oozing out of her nose this had lead to a serious suspicion that she might have been poisoned and this allegation having been made a clear 69 days after the death of the -6- complainant's sister would cost serious doubt about the veracity of the case. Therefore, even if the allegations are found to be true, the same is required to be established at the trial against the accused beyond reasonable doubt. The Court below has rejected the bail application only on the footing that a serious offence is sought to be alleged and various provisions of IPC have been invoked. That by itself would not lend gravity to the allegations having regard to the circumstance that the allegations have been made belatedly. Therefore, in the event of the petitioners' arrest, they shall be enlarged on bail on each of them furnishing a personal bond for a sum of Rs.24,000/- (Rupees Twenty Five Thousand only) and a solvent surety each for a like sum. The petitioners in Crl.P.NO.2671/2014 shall be enlarged on bail on each of them furnishing a personal bond for a sum of 25,000/- each (Rupees Twenty Five Thousand only) with one solvent surety for a like sum subject to the following conditions:
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(i) The petitioners shall not directly or indirectly seek to influence the prosecution witnesses.
(ii) They shall appear before the
Investigation officer as and when
required and shall co-operate with the Investigating Officer.
(iii) The petitioners shall attend the Court regularly.
(iv) In case of violation of any of these conditions, the Court is at liberty to pass suitable orders.
SD/-
JUDGE SS*