Karnataka High Court
Sidaray S/O Ramanna Sidaraddi vs Dasharat S/O Ramanna Siddareddy And Ors on 20 December, 2021
Author: H.P.Sandesh
Bench: H.P.Sandesh
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION No.201116/2021
BETWEEN:
SIDARAY S/O RAMANNA SIDDARADDI
AGE: 51 YEARS, OCC: ADVOCATE
SANGAMESHWAR BADAVANE
NEAR RAM NAGAR BUS STOP
VIJAYAPURA-586109
... PETITIONER
(BY SRI B.K.HIREMATH, ADVOCATE)
AND:
1. DASHARAT S/O RAMANNA SIDDAREDDY
AGE: 52 YEARS, OCC: AGRICULTURE
2. ANAND S/O DASHARAT SIDDAREDDY
AGE: 28 YEARS, OCC: NIL
3. PRABHU S/O DASHARAT SIDDAREDDY
AGE: 24 YEARS, OCC: STUDENT
4. SHARAWWA W/O DASHARAT SIDDAREDDY
AGE: 25 YEARS, OCC: STUDENT
5. SHAILA D/O DASHARAT SIDDAREDDY
AGE: 25 YEARS, OCC: STUDENT
6. ISHAPPA @ ISHWARAPPA
S/O LACHAPPA CHIKARADDI
AGE: 70 YEARS, OCC: AGRICULTURE
2
7. LACHAPPA S/O ISHAPPA
@ ISHWARAPPA CHIKARADDI
AGE: 36 YEARS, OCC: AGRICULTURE
8. MAHESH S/O ISHAPPA
@ ISHWARAPPA CHIKARADDI
AGE: 32 YEARS, OCC: AGRICULTURE
9. BAPU S/O ISHAPPA
@ ISHWARAPPA CHIKARADDI
AGE: 30 YEARS, OCC: AGRICULTURE
ALL R/O. SARAWAD-586125
TQ. BABALESHWAR
DIST. VIJAYAPURA
10. THE STATE OF KARNATAKA
POLICE PSI OF BABALESHWAR
POLICE STATION
DIST. VIJAYAPURA-586 101
REP. BY ADDL.SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585 107
... RESPONDENTS
(BY SRI GURURAJ V.HASILKAR, HCGP FOR R10;
SRI S.S.MAMADAPUR, ADVOCATE FOR R1 TO R9)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439(2) OF
CRIMINAL PROCEDURE CODE PRAYING TO CANCEL THE BAIL
GRANTED BY THE IV ADDL. DISTRICT AND SESSIONS COURT,
VIJAYAPUR IN CRL.MISC.NO.658/2021 DATED 14.06.2021
(CRIME NO.23/2021 OF BABALESHWAR POLICE STATION).
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 439(2) of Cr.P.C., praying this Court to cancel the bail granted by the IV Additional District and Sessions Court, Vijayapura in Crl.Misc. No.658/2021 dated 14.06.2021 (Crime No.23/2021 of Babaleshwar Police Station).
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State and learned counsel for respondent Nos.1 to 9.
3. The factual matrix of the case is that the FIR is registered against respondent Nos.1 to 9 for the offences punishable under Sections 143, 147, 148, 448, 323, 324, 354, 307, 384, 302, 504 read with section 149 of IPC making an allegation that on 17.02.2021, the respondents herein, due to prior enmity with regard to civil dispute all of them trespassed the house of the complainant deceased Mahadevi, holding sticks in their hands and abused her in filthy language and inflicted injury on her legs, waist and 4 back and made an attempt to strangulate her and when the complainant screamed, some of the assailants have instigated to set her on fire and poured kerosene on her leg and caused the burn injuries and they also snatched an amount of Rs.10,000/- from the bag and also 1 ½ tolas of gold chain and also her mobile phone. It is stated in the complaint that this incident was witnessed by one Kiran. Based on the complaint, the police have filed the chargesheet and while filing the chargesheet, invoked section 302 of IPC, since injured succumbed to the injuries. The Trial Court after considering the material on record in Criminal Misc.No.658/2021 vide order dated 14.06.2021 granted bail invoking section 438 of Cr.P.C., hence, the present petition is filed for cancellation of bail.
4. The learned counsel for the petitioner vehemently contended that the learned Sessions Judge committed an error in not appreciating the factual matrix of the case and came to the conclusion that medical certificate of the deceased discloses that death is caused 5 due to Covid-19 pneumonia and failed to take note of the burn injuries to the victim and gravity of the offence and discretion exercised is capricious. The learned counsel would also submit that a case has been registered against the doctor who issued a false, fabricated and baseless medical certificate and also against the public prosecutor and all of them indulged in creating of documents, hence, it is a fit case to exercise power under Section 439(2) of Cr.P.C. to cancel the bail granted in their favour.
5. Per contra, learned counsel for the respondent Nos.1 to 9 would submit that the burn injuries are only to the extent of 1% and death is not on account of any crime but death is on account of covid-19 pneumonia attack and the post mortem report as well as other medical report also substantiates the same.
6. The learned counsel appearing for the State would submit that he has secured the case sheet of the victim from District Hospital Vijayapura and in the admission record of 17.02.2021, there was a burn injuries 6 over the right foot 4th toe and 1% burn was found and Ex.P.6 report shows no other injuries, the death was due to pneumonia on account of covid-19.
7. Having heard the learned counsel for the petitioner and the learned counsel for respondent Nos.1 to 9 and the learned High Court Government Pleader, this Court directed the learned High Court Government Pleader to secure the medical records. On verifying the medical records of District Hospital, Vijayapura immediately after the alleged incident of attack, she was taken to the hospital and on 17.02.2021, no doubt history was given that it was an assault and doctor also opined burn injuries over the right foot particularly 4th toe and percentage of burn injury is 1% which is seen reddish in nature and she was inpatient from 17.02.2021 to 05.03.2021 and also injuries are simple in nature and the burn injuries is only 1% that too particularly on 4th toe. The cause of death is not on account of burn injuries and the same is due to covid-19 pneumonia. When such being the case, the Trial 7 Court while granting bail taken note of the factual aspects of the case and also taken note of the allegation of snatching of an amount of Rs.10,000/- and taken note of the post mortem report and having considered the same came to the conclusion that some wounds are healed and further DHO report is specific about cause of death, which is due to pneumonia.
8. Having considered the factual aspects of the case and medical records and admission records immediately after the alleged incident, though the learned counsel for the petitioner would contend that the said reports are obtained in collusion with the doctor and public prosecutor and having considered the immediate medical records of burn injuries i.e., also that 1% injury hence, I do not find any merit in the case as sought by the petitioner. The medical records prima facie reveal that burn injuries that too only to the right foot 4th toe 1% burn injury and nature of injuries is also simple in nature. Hence, contention of the learned counsel cannot be 8 accepted and no grounds are made out to invoke section 439(2) of Cr.P.C., to cancel the bail granted in favour of the respondent Nos.1 to 9.
9. In view of the discussion made above, I pass the following:
ORDER The petition is rejected.
Sd/-
JUDGE VNR