Karnataka High Court
Bouravva vs The State Of Karnataka on 14 May, 2024
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NC: 2024:KHC-K:3272
CRL.P No. 200349 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO.200349 OF 2024 (439)
BETWEEN:
BOURAVVA W/O MALLIKARJUN SONNAD,
AGE: 54 YEARS, OCC: H. H. WORK,
R/O HATTARKIHAL, VIJAYAPURA,
DIST. VIJAYAPURA-586101.
...PETITIONER
(BY SRI SHIVANAND V. PATTANASHETTI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH TIKOTA POLICE STATION,
DIST. VIJAYAPURA-586101
Digitally signed R/BY ADDL. SPP., KALABURAGI,
by SACHIN HIGH COURT OF KARNATAKA,
Location: HIGH KALABUAGI BENCH-585107.
COURT OF ...RESPONDENT
KARNATAKA (BY SRI SIDDALING P. PATIL, ADDL SPP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO GRANT THE REGULAR BAIL TO THE
PETITIONER/ACCUSED NO.1 IN TIKOTA P.S CRIME NO.24/2024
DISTRICT VIJAYAPURA FOR THE OFFENCES PUNISHABLE
U/SECS. 143, 147, 148, 323, 324, 326, 307, 504, 506 AND 302
R/W 149 OF IPC PENDING ON THE FILE OF III ADDITIONAL
CIVIL JUDGE AND JMFC COURT, VIJAYAPURA, DISTRICT
VIJAYAPURA.
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NC: 2024:KHC-K:3272
CRL.P No. 200349 of 2024
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
The petitioner has filed this petition under Section 439 of Code of Criminal Procedure seeking for grant of regular bail in Crime No.24/2024 dated 29.02.2024 registered by the Tikota Police Station, Vijayapur District for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307, 504, 506 and 302 read with Section 149 of Indian Penal Code.
2. The factual matrix of the case are that, the complainant in this case is one Vijaylakshmi Kamgond, is the resident of Bijjaragi. She has filed the complaint alleging that she is the second wife of her husband one Mallikarjun. The first wife of said Mallikarjun was the petitioner herein - Bouravva. Since, the first wife Bouravva could not lead happy married life with her husband, she deserted him, the complainant has married the said Mallikarjun. The said Mallikarjun is having landed property in Sy.No.110 measuring 24 acres 27 guntas at -3- NC: 2024:KHC-K:3272 CRL.P No. 200349 of 2024 Bijjaragi Village. The complainant and her husband were living by putting a shed in the said land and growing jawar and other crops for their livelihood. At the time of harvesting, her brother Girmallappa Patil (deceased) used to visit Bijjaragi Village and helping them in harvesting the crops. Things stood thus, the first wife of Mallikarjun i.e., the petitioner herein - Bouravva used to trespass to the said land and highhandedly used to take harvested crops from the said land and used to quarrel with the complainant and her husband - Mallikarjun stating that she is also having half share in the said property.
On 28.02.2024 at about 9.30 p.m. when the complainant, her husband and her brother Girmallappa Patil - the deceased had laid the Jawar crop for harvesting, the petitioner and eight others came to the land and pulled the brother of the complainant towards harvested crop and assaulted him with iron rod, club and caused severe bleeding injury on him. The other 7-8 persons at filled canter with jawar crop put for harvesting. Thereafter, the -4- NC: 2024:KHC-K:3272 CRL.P No. 200349 of 2024 complainant and her husband shifted the injured Girmallappa Patil to BLDEA Hospital, Vijayapur for treatment. The injured was admitted as an inpatient in the said hospital for a period of four days. Accordingly, complainant lodged the complaint before the respondent- police for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307, 504 and 506 read with Section 149 of Indian Penal code against the petitioner and five others so also against 7-8 unknown persons in Crime No.24/2024 dated 29.02.2024. Subsequently, on 01.03.2024 the injured Girmallappa Patil succumbed to the injuries in the hospital. As such, the Investigating Officer filed a requisition before the concerned jurisdictional Magistrate to invoke the provision of Section 302 of Indian Penal Code. Accordingly, the learned Magistrate granted permission and invoked the provision of Section 302 of Indian Penal Code in the case. Thereafter, the respondent-police conducted the investigation and arrested the petitioner and produced before the learned Magistrate and sent to judicial custody. -5-
NC: 2024:KHC-K:3272 CRL.P No. 200349 of 2024 The petitioner is in custody from 02.03.2024. Aggrieved by the same, the petitioner preferred the bail application before the IV Additional District and Sessions Judge, Vijayapura in Crl.Misc. No.396/2024 for grant of bail. However, the learned Sessions Judge rejected the bail application filed by the petitioner vide order dated 04.04.2024. Aggrieved by the same, the petitioner preferred this present petition.
3. Heard Sri Shivanand V.Pattanshetti, learned counsel for petitioner and Sri Siddaling P.Patil, Addl. State Public Prosecutor for respondent/State.
4. It is the primary contention of learned counsel for the petitioner that, on perusal of the complaint averments absolutely there is no overt act attributed against the petitioner except stating that petitioner and others were assaulted the deceased by hands and thereafter, the other accused dragged the deceased and accused No.2 and 3 assaulted him with stick and iron rod, as a result, the deceased sustained injury and succumbed -6- NC: 2024:KHC-K:3272 CRL.P No. 200349 of 2024 to the said injuries. Hence, according to the learned counsel for the petitioner, Section 302 of Indian Penal Code does not attract against the petitioner in this case. 5. He also contends that the accused Nos.4 and 5 were granted anticipatory bail by the learned District Judge, Vijayapura in Crl.Misc. No.386/20024 dated 04.04.2024 and Crl.Misc. No.562/0224 dated 23.04.2024 respectively. This petitioner is also stand on the similar footing as that of accused Nos.4 and 5, she also entitle for bail on the ground of parity.
6. Learned counsel for the petitioner also contends that the petitioner being a lady, aged about 54 years, she is entitled for bail under Section 437(1) of Code of Criminal Procedure. Hence, he prays to enlarge the petitioner on bail.
7. Per contra, Sri Siddaling P.Patil, learned Additional State Public Prosecutor would vehemently contend that the petitioner is the root cause for the homicidal death of the deceased and she instigated the -7- NC: 2024:KHC-K:3272 CRL.P No. 200349 of 2024 other accused to commit the murder of the deceased and her participation is clearly narrated in the complaint and in the statement of the witnesses. He would further contend that the case is still under investigation, as such the petitioner is not entitled for grant of regular bail. Learned Additional State Public Prosecutor is also filed statement of objection by contending in similar manner.
8. On careful perusal of the complaint averments and other statements made available before this Court, as rightly contended by the learned counsel for the petitioner, there is no such overt act alleged against the petitioner except stating that the petitioner has assaulted the deceased by hands. Further on careful perusal of the complaint depicts that the accused No.2 and 3 assaulted the deceased with stick and iron rod and caused bleeding injuries as a result the deceased succumbed to the injuries suffered. Hence, the petitioner being the lady, aged about 54 years, without expressing any opinion on the merits of the case, it is suffice to hold that this petition deserves to -8- NC: 2024:KHC-K:3272 CRL.P No. 200349 of 2024 be allowed and the petitioner is entitled for grant of regular bail. Hence, the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in connection with Crime No.24/2024 of Tikota Police Station, Vijayapura pending on the file of III Additional Civil Judge and JMFC Court, Vijayapura for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307, 504, 506 and 302 read with Section 149 of Indian Penal Code on the following conditions:
i) The petitioner shall execute her personal bond for a sum of `1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not tamper with the prosecution witnesses or prevail upon the prosecution witnesses in any manner.-9-
NC: 2024:KHC-K:3272 CRL.P No. 200349 of 2024
iii) The petitioner shall attend the jurisdiction Court regularly on all dates of hearing and shall cooperate with the investigation authority.
iv) The petitioner shall not leave the jurisdiction of the Trial Court without its prior permission.
Sd/-
JUDGE SN List No.: 1 Sl No.: 13 CT:PK