Karnataka High Court
Sri Bachegowda vs State Of Karnataka on 16 January, 2013
:1:
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF JANUARY 2013
BEFORE
THE HON'BLE MR.JUSTICE K.N.KESHAVANARAYANA
CRL.P. No. 7043 / 2012
BETWEEN:
1. Sri. Bachegowda,
S/o. Pillegowda,
Aged about 55 years,
2. Smt. Lakshmamma,
Wife of Bachegowda,
Aged about 46 Years,
3. Sri. Devaraja,
S/o. Chikkappaiah,
Aged about 35 Years,
4. Sri. Shiva,
S/o. Chikkappaiah,
Aged about 26 Years,
5. Kumari. Priyanka,
Daughter of Bachegowda,
Aged about 21 Years,
6. Kumari. Gowthami,
Daughter of Bachegowda,
Aged about 18 years,
All are r/at Dalasagere Village,
Nandagudi Hobli, Hosakote Taluk,
Bangalore Rural District.
Pin - 571303. ...Petitioners
[By Sri. P.M. Siddamallappa, Advocate]
:2:
AND:
State of Karnataka,
By Nandagudi Police Station,
Bangalore Rural District-571303. ... Respondent
[By Sri.G.M.Srinivasa Reddy, Government Pleader]
Criminal Petition filed under Section 438 of the
Cr.P.C. praying to enlarge the petitioners on bail in the
event of their arrest in Crime No. 245/2012 of
Nandagudi Police Station, registered for the offences
punishable under Sections 143, 147, 148, 307 r/w 149
of the Indian Penal Code.
This petition coming for orders on this day, the
Court made the following:
ORDER
Apprehending their arrest by the Nandagudi Police in Hosakote Taluk, Bangalore Rural District, in connection with the case registered in Crime No. 245/2012 for the offences punishable under Sections 143, 147, 148, 307 r/w 149 of the I.P.C., the petitioners, arraigned as A-1 to A-6, have presented this petition under Section 438 of Cr.P.C. seeking relief of anticipatory bail.
:3:
2. The petition is opposed by the respondent-State. I have heard both sides and perused the records made available on record.
3. No doubt, the petitioners have been arraigned as accused in the aforesaid case registered for non- bailable offences. Therefore, the apprehension of the petitioners that they are likely to be arrested is well founded.
4. According to the case of the prosecution, the said case came to be registered on the basis of the statement of complainant D.P.Suresh, recorded in ETCM Hospital in the evening of 26.10.2012. According to the complaint allegations, there has been civil dispute between the complainant and his brother Bachegowda, first petitioner herein, in respect of family properties and in that regard, he had filed a suit in O.S.No. 483/2008 before the court of the Civil Judge, Senior Division, Bangalore Rural District, Bangalore, which came to be decreed in his favour :4: and in that behalf, final decree proceedings are pending. In that background, A-1 Bachegowda was nursing ill will against the complainant. It is further alleged in the said complaint that, at about 7.30 p.m. on 25.10.2012, the complainant was talking over his mobile phone by sitting on a two wheeler in front of his house in Dalasagere Village. At that time, these petitioners forming themselves into an unlawful assembly came there armed with clubs and by abusing the complainant, A-1 assaulted the complainant with a club as a result of which he fell down. At that time, others held him and thereby prevented him from getting up. At that stage, A-1 again assaulted on the private part of the complainant with the club. As a result, he sustained severe injuries. At that juncture, another elder brother of the complainant and others came there. On seeing them, the petitioners ran away from that place. Thereafter, the complainant was removed to the hospital.
:5:
5. The medical evidence available on record at this stage would prima facie indicates that, when he was examined in the ETCM Hospital, Kolar, he was found with swelling on the right side external genitals viz., testis. Hematoma was present on the right testis with tenderness. Emergency exploration of scrotum for testicular hematoma was done. According to the doctor, the injury was grievous in nature.
6. As noticed supra, even according to the complaint allegations, A-1 Bachegowda assaulted the complainant with a club on his private part. There is no allegation of the other accused persons committing any acts of assault on the complainant. Regard being had to the materials on record at this stage, though there are reasonable grounds to believe that the first petitioner is guilty of the acts of assault on the complainant resulting in grievous hurt, there are no reasonable grounds to believe that A-2 to A-6 are guilty of any offences alleged. In this view of the :6: matter, I am of the opinion that A-2 to A-6 are entitled for the relief of anticipatory bail while A-1 is not entitled for the said relief.
8. In the light of the above discussions, the petition is allowed in part. The respondent-police are hereby directed to release petitioners-2 to 6 (A-2 to A-6) on bail in the event of their arrest in connection with Crime No. 245/2012 on each of them executing a personal bond for a sum of Rs.25,000/- with two sureties for the like sum to the satisfaction of the arresting police officer and subject to the conditions that;
i) Upon their arrest and release, petitioners-2 to 6 shall appear before the I.O. as and when so required and cooperate in the investigation of the case;
ii) They shall not tamper with or terrorise the witnesses in any manner.
:7:
iii) They shall not indulge in any acts similar to the one alleged against them.
The petition insofar it relates to the first petitioner is concerned is hereby dismissed.
Sd/-
JUDGE ckc/-