Karnataka High Court
M Siddappa vs The State Of Karnataka on 1 October, 2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1st DAY OF OCTOBER, 2018
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION No.6554/2018
c/w.
CRIMINAL PETITION No.6553/2018
IN CRIMINAL PETITION No.6554/2018:
BETWEEN:
1. M. Siddappa
S/o Sanna Thimmaiah
Aged about 70 years
2. Smt. Savithramma
W/o Siddappa
Aged about 65 years
Occ: Ex-President/Present
Grama Panchayath Member
Thoragatte Grama Panchayath
Both are R/O:
Lingadalli Village
Jagaluru Tqluk
Davanagere District-583 406.
... Petitioners
(By Sri Anwar Basha B., Advocate)
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AND:
The State of Karnataka
through Jagaluru Police Station
Represented by its State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001.
... Respondent
(By Sri M. Diwakar Maddur, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.315/2018 of Jagaluru
Police Station, Davanagere District for the offences
punishable under Sections 307, 114 r/w Section 34 of
Indian Penal Code.
IN CRIMINAL PETITION No.6553/2018:
BETWEEN:
M.S. Ajjappa
S/o M. Siddappa
Aged about 38 years
Occ: Agriculturist
R/o. Lingadalli Village
Jagaluru Taluk
Davanagere District-583 406.
... Petitioner
(By Sri Anwar Basha B., Advocate)
AND:
The State of Karnataka
through Jagaluru Police Station
Represented by its State Public Prosecutor
High Court of Karnataka
Bengaluru-560 001.
... Respondent
(By Sri M. Diwakar Maddur, HCGP)
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This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on bail in Crime
No.315/2018 of Jagaluru Police Station, Davanagere
District for the offences punishable under Sections 307,
114 r/w Section 34 of Indian Penal Code.
These Criminal Petitions coming on for Orders, this
day the Court made the following:-
ORDER
Criminal Petition No.6554/2018 has been filed by the petitioners/accused Nos.1 and 3 under Section 438 of Cr.P.C. and Criminal Petition No.6553/2018 has been filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. to release them on bail in Crime No.315/2018 of Jagalur Police Station for the offences punishable under Sections 307, 114 r/w 34 of IPC.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that, the wife of the complainant is the vice-president of Thoranagatte Grama -4- Panchayath and she has been involved in politics since four years. Accused No.1 used to harass the complainant and his family members because of the political grudge and same has been sustained by the complainant for some period. It further alleged that on 28.7.2018 at about 8.00 p.m. when the complainant was sitting by talking near Vasanthajjana Katte, at that time Thimmanna and K.T.Thimmarayappa were also there and accused No.1 came there by holding a stone and abruptly assaulted the complainant by means of stone on the left portion of the head and caused bleeding injury by stating that he will not leave him and thereafter attempted to commit the murder. It is further stated that the said Thimmanna and Thimmarayappa pacified the quarrel and on the instigation of accused Nos.2 and 3, accused no.1 has assaulted the complainant with an intention to kill the complainant. On the basis of the complaint, a case has been registered in the above crime number.
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4. It is the contention of the learned counsel for the petitioners/accused that insofar as the petitioners/accused Nos.2 and 3 are concerned, there is no overt acts and even they have not participated in the alleged incident except the allegation that they instigated the accused No.1. He further submitted that the injured complainant has suffered with simple injuries and she has already been discharged from the hospital and out of danger. He further submitted that the alleged act even though if it is admitted, the provisions of Section 307 are not attracted. He further submitted that because of the political rivalry a false complaint has been filed. He further submitted that petitioners are ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petitions and release the accused/petitioners herein on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that because of the political rivalry in the presence of Thimmanna and K.T. -6- Thimmarayappa, accused No.1 assaulted with stone and caused injury to the head of the complainant. He further submitted that the panchanama has been drawn and blood has been seized from the said place. He further submitted that the petitiioners/accused Nos.1 and 3 in Criminal Petition No.6554/2018 are absconding and were not available for investigation. He further submitted that petitioner/accused No.1 is the main cause for the alleged incident. And petitioners/accused Nos.2 and 3 have instigated accused No.1 to commit the alleged offence. If they are released on bail, they may abscond and they may not be available for trial. On these grounds he prayed to dismiss the petitions.
6. I have carefully and cautiously gone through the complaint and other material which has been produced along with the petition.
7. On going through the contents of the complaint it clearly goes to show that it is the petitioner/accused No.1 -7- who came there by holding the stone and abruptly assaulted the complainant by means of a stone and caused bleeding injuries to his head and even the complaint also indicates that he has uttered the words that he will not leave him. Accused Nos.2 and 3 are concerned there is no whisper of any specific overt act and their presence at the place of incident. It is also brought to the notice of this Court that injured who got admitted in Government Hospital, Jagalur has suffered with simple injuries. As per the wound certificate one cut lacerated wound was present on the scalp. Except that, there is no other injuries found and even they specifically mentioned that the injury is simple in nature. No material has been produced to show that whether the injured has been discharged from the hospital or not, but the documents produced clearly goes to show that it is simple injury and that too the said injury has been caused on 28.7.2018. By this time, the injured might have been discharged from the hospital. Taking into consideration the above said facts and circumstances of -8- the case, I feel that by imposing some stringent conditions if the petitioners/accused Nos.2 and 3 are released on bail, then under such circumstances, it is going to meet the ends of justice.
8. Insofar as petitioner/accused No.1 is concerned there is specific overt act in the complaint itself and the injured has also suffered with injury on the head. Under such circumstances, I feel that it is not a fit case to grant anticipatory bail to accused No.1. Hence, the petition insofar as petitioner/accused N.1 is concerned, is dismissed.
However, liberty is given to the petitioner/accused No.1 to file regular bail application after his surrender.
9. In the event of arrest of the petitioner/accused No.3 the concerned police is directed to enlarge her on anticipatory bail in Crime No.315/2018 for the offences punishable under Sections 307, 114 r/w Section 34 of the IPC.
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10. The Criminal Petition No.6553/2018 filed by petitioner/accused No.2 is allowed and the petitioner/accused No.2 is also ordered to be released on bail subject to the following conditions:
i) Petitioners/accused Nos.3 and 2 respectively shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Agency/trial Court.
ii) They shall not tamper with the prosecution evidence in any manner till the disposal of the case.
iii) They shall attend the trial Court as and when required.
iv) They shall not leave the jurisdiction of the trial Court without prior permission of the Court.
v) They shall give attendance to the jurisdictional police station once in 15 days between 10.00 a.m. and 5.00 p.m. Sd/-
JUDGE *AP/-