Kumara @ Kapali vs State By Keragodu Police Station on 20 May, 2010

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Karnataka High Court

Kumara @ Kapali vs State By Keragodu Police Station on 20 May, 2010

IN THE HEGH COURT OF KARNATAKA AT BAN GA1_,oRE
QATED THIS THE 20TH DAY OF MAY 20 3_a j

BEFORE

 

THE HQNBLE MR. JUSTICE K.N..KESHAVAJ'\§}3E§AY'z§§ﬁé.,_V M' '

CRIMENAL PE'I'I'I'ION NO. :: '+"'\3{>Z i;&§§1«c§    

BETWEEN:

1. K1m:1ara@ Kapa1i,__ 
S/0 Shazlkaraljngégawcﬂa,
Aged about 28 yeai=:s,;. '--      .
R/at Ka1mantidodc§iV_vi11ag€:,:V  V '
Mandya 'I'~'<'iii3£- A V' '  

2. Detra17aji;t,_ '  _ ._ _  
Sfo Ha3i'm_mgr;the~gowda_, _*
Aged about' 253..  " h
176/ at uK;a11z1a_ntid0riCii«.__E?iﬁage,
N£and"ye:g--v.'i'aluk;._ " 

 V.  3.}  S1ia:1lcaf<é%g0w_ri.s;,

. _ "S/€2 'I'}1"aIﬁmannagowda,
 " --A_g{::1'*af£;p3;1t_ 56 years,
 R /' "--Kei'3.g<3'dL1,

" X  :<5andyag:Ta1u;:,

' V  4. 'fcaﬂgesh,
' A. ,  S / (IA. Li11gegoWda,

_ Ageé about 63 years,
 R/at Keragodu,
Manciy Taluk,

5. Nishantha K.P,

S/0 K.L.?rabhakar,

Aged about 30 years,

R/at Keragodu,

Mandya ~-- Taluk, 



 

6. Lingamju,
S/0 Factory Boranna,
Aged abeut 50 years,
R/at Sidcisgowtiariadoddi,
Mandya - Taluk. I  _

7. Shivaiingaiah K.
S / 0 Clﬁkkaﬁngaiah,
Aged about 58 years,
R/ at Thalemeleclcddi,
Maadya --- Taluk. __

8. Anantha,    .
S/0 Maﬁswamygowda,  L
Aged ab0utj35_ ye€1I'é,"'§  ~ 
R/at     

Mandya' 4 '§'éJ.:Jif. "  __ 

9. paxzmsaratrxy;  ~  _ 
S; 0 T. P11:i¥;a5wamj,zgewd.a,--
Aged abm1t'5f1..y7<:az*'s,_  " '

R / at Tha16mci:':(£0&d_1,"' . "
Mandys, 4- ,Tai1_1k.  " . 

10.;   gqwda,
. A "/Puttﬁsgowda,
" » Aged ' aL~.oi'it 32 years,

   R;'a?t'*«£{a111i:antidoddi,
x 'Ma.:"1d}I':;§----§Taiuk.  PE'I'I'I'IONERS

 (By M] éA;S..S';haI;karappa & Ass1;s., Advs.)

. .. H'  Séiatﬁf by Keragodu Police Station
  Rap. by 8.913'. High Court Compigx,
 Bangalore.  RESPONDENT

(By Srisatish R'.Gi1:'ij:i, HCGP) This Crl.P. filed under Saction 438 Cr.P.C by the advocate for the yctitiozxcrrs praying that this Hor1'%:)1c H13' Court may be pleased to enlarge the petitione1's.ei1._i)eaj1 211 the event 91' their arrest in Crime No.6=1§"[2OV'IO'VVe.of 3 Kerageciu Police Statien, Mendva District, whiell is . ./ for the oﬁenee ptmishabie under Section I434,._VV14j?'~,. "148,-.. _A V' 324 and 506 R/W Section. 149 of1I?Q. ;

This Cr}.P. coming en I'<)1;'..14or{1e1'§3 ét;h_is~ Court made the foiiowing:

eReee L In this petition 438 of Cr.i-'.C., the petitioners lute bail apprehendieg poiiee in 1'vie~I1dya DHjet:r*ie{t'iié Crime N0.64/ 10.

2. 19.3e,ggee1o,e_¢mion to V.S.S.N. Bank in Keragecifa Wes held. Petitioner N05. 9 and £0 with 1C)"""6tiVI1ers were eentest3"ng the said 'e3._ee§;ie1':1. was 21130 3. Contesting caneiig1ate.;~ Aeeerding to the case of the prosecution, _. jv»-v'«4.__timfi:1g said eiection on that day, the deceased brother of K.L.S:1resh noticed some ~:fr;afpz~actiees in voting and when the Said Ganesh 'demanded the Retuming Officer for lawfui voting and election, these peﬁtieners forming themseives into unlawfui asserebiy armed with clubs, assaulted me said M"

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Ganesh 031 the head and imrnediateiy he was_ to the Gevemment Hespitai at Mandya, from shifted to Nimhans and tlitimagely, tli:e"'sé{i;i "Ga'::1e:~:;h'"' died on 24.3. 3.0 at about 9.30 Hospital. Immediately the "vitV1:cide:i:Vtu,A the'- deceased was gig} General Hospital, the said before the Keragedu ég-0.Ij_ce eia}%if".about 6 p.m., based on:__ the case in Cr.Ne. ':§.11_r%ishab1e under Sections 143, ie47,ee "2"/W 149 of 1.9.0., against these peﬁtipﬁere up iz1ve$tigatio2:1. After the reeeﬁpéef tfhe repoift..Iv'egardi11g the death of the injured, {,0-;.,_Va£tere 'cI..the offence in the ease aifeady regstered "l:}}i&.i:1f:1i'idiiiejg; Section 302 of I.P.C. After ceming '£0 know of :"s:z;1:.tVzie, the petitioners ﬁled a petition under if_*Seet§~en V 438 of (3r.P.C. before the iearned Sessions Jiidge, in Crl.Mis.No.298/10 which came to be " dismissed by order dated 7.4. 10. 'I'he1*eafter, they have approached this Ceurt. V considered is Whether there are no prima facie gnmetials to indicate the petitioners are guilty of . offences and whether they are entitled _.fC}1*" tfrelief " "

anticipatery bail?

5. According to the Ce1i'te;1ts Of the eevzn';';'}g.ip,,,.t--; the = . L' deceased was assaulted by peti£;i.e:1e2esA with clubs on his heaci. As ceV1:Ic.iT be't'-- u the cap}; of the M .L. C. register: 'e§;traet" Hospital, Mandya petition, when the twitevthospital he was found eonscieue of assault at about I p.m.:~,' ~01) "'byt'ur1.:l{nown persons with hands and 'V "on" "'exa:;{t1irié;:fjo11, there were no external injuries on the A 5:21;? tenderness was present on the head. It appears' Ainjured was referred to Bewring hospital, Baxggalofe, from where he was referred to NIMHANS and "t_V1i"eu':he was brought back to General Hospital, Martxdya '' '*'Where he ultimately died. Even according to the opinion of the doctor who conducted the Flat. examirxation en the dead body as indicated in the RM. report, a copy of which is produced, the death was due te intra cerebral he111oIThage and there were no external injuries on the head and skull was found in tact. The only exiemal injury fOUI1d on the dead bed}; was 1055 of skin.' right buttock over area of 5 cm X 3 c.111_..._re§i._jt;.T.:eQiu1;11"

and contusion measméng 0.5 cm}.

eoieur 011 the inner aspect mi' 1:135 15w_¢r lip. .. 2

6. A copy <31' the " dated 28.08.09 issued by _G;er1e1';§l'~-..P-Iespjtal, Mandye in respect of the. deeevaeecfe produced. Peruse] of: that on 23.08.09, the deeease(i,_w*a,s Qeﬂerai Hospital at Mandya with the Ejietexjr ei'-.F§'pieta)§is eince one day and uitimateiy, he as stxﬁering from 'Aczceiereted ejtld he was having bieeding from nose. He xx-'a$« treaterff as an inpatient in the hospital till 28.08.09 ih3?f_.the"s"aid ailment and ultimately, he was discharged.

7. In the light of this, it is the contention of the learned (jlounsel for the petitioners that intra cere bra! henaorrhage suffered by the deceased was possibly because of the accelerated hypertension, frem w'hiel'1 he ,1 ﬁe»/"

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was suﬁerillg, therefore, the aileged assault by these petitierzers on the deceased was 110% the eeuseV1'er_4ﬁa1e death ef the deceased, as such, there are no__sffeTa'e«:§1é:.ebie _ grounds to beiieve that the pefitgiepers h-ave.:

any of the offences alieged.

8. I see considerabie in the said.Vcej:Itez1€;ion. = ' Having regard £0 Elle prixrge--- _evic'ien.ee the deceased was suifeﬁeig hypertension' for which he vtreajiﬁecietsii ';:z%at_ierV1t";£?:$'r a period of six days, Eaibejué «pf-ie_1'-te the date of his death and having tie the ihat the cause of death was due._§ 1:eeA.in¥:I'a"' eefebrexl hemorrhage, the pessibiirity of §»§I*Af:i2e'c'Jeeeaeed having occurred on account of the "i1}?13erte1ie'ior1~§1'en1 which he was smfering ee;r111et be toteﬁy eejeeied. Even accordirlg to the medica} evidence .. ziv'ai;§abie on record, at the earliest point of time, the Aéigeeeesed had given history of assauit by unknown Mf)erso11s with hands. Having regard to the material avaiiabie on record at this stage, E em 01' the opinion there are no matemlals at this stage to irldicate that the petitieners are guilty of the atbresaid oifenees .13..

aforesaid period, they shall have the benefit of till the application for baii is disposed of. _ _ Sr}.

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Karnataka High Court

Kumara @ Kapali vs State By Keragodu Police Station on 20 May, 2010