Karnataka High Court
Raju S/O Shankr Bhajantri vs The State Of Karnataka on 3 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103103 OF 2022
BETWEEN:
RAJU S/O. SHANKR BHAJANTRI
AGED ABOUT 35 YEARS,
OCC. COOLIE,
R/O. MARADIMATH, TQ. GOKAK,
DOST. BELAGAVI-591306.
...PETITIONER
(BY SRI. K. ANANDKUMAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
GOKAK RURAL POLICE STATION,
REPT. BY STATE ADDITIONAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD BENCH, DHARWAD.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.,
SEEKING TO ALLOW THE ABOVE PETITION AND DIRECT THE
RESPONDENT HEREIN TO RELEASE THE PETITIONER/ACCUSED
NO.1 ON BAIL IN RESPECT OF CRIME NO.43/2022 REGISTERED
-2-
CRL.P No. 103103 of 2022
WITH GOKAK RURAL POLICE STATION UNDER SECTIONS 448,
450, 302, 504 READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by accused No.1 under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.43/2022 of Gokak Rural Police Station registered for the offences punishable under Sections 448, 450, 302 and 504 read with Section 34 of the Indian Penal Code (hereinafter referred to as the 'IPC', for brevity).
2. The case of the prosecution is that, one Laxmi @ Sakrevva Maning Gayakavad has filed the complaint stating that she and accused persons are neighbours at Maradimath village at Gokak Taluk. The complainant's son Hanumant has borrowed an -3- CRL.P No. 103103 of 2022 amount of Rs.700/- from accused No.1-Raju Bhajantri and the complainant went to return the same on 08.03.2022 in the evening. At that time, accused No.1 refused to receive the amount with a say let her son re-pay it, and then the complainant returned home and scolding her son as to why was he doing like this and to work properly. On the very night at about 08.00 p.m. accused persons trespassed into the house of complainant, accused No.4 dragged saree of the complainant and husband of the complainant Maning intervened and asked the accused No.4 as to why she is dragging her saree. Being enraged, accused No.1-Raju uttered that it is too much and he will not leave him and lifted and thrown him on the tiles floor of the house and sat on his chest and assaulted with hands. When they screamed for help, accused persons fled away and thereafter the complainant's husband declared dead. The said complaint came -4- CRL.P No. 103103 of 2022 to be registered in Crime No.43/2022 by Gokak Rural Police Station for the offences punishable under Sections 448, 450, 302 and 504 read with Section 34 of IPC. The Police arrested the petitioner/accused No.1-Raju on 14.03.2022 and he is in judicial custody. The petitioner/accused No.1 filed Criminal Miscellaneous No.8171/2022 seeking bail and the same came to be rejected by the XII Additional Sessions Judge, Belagavi sitting at Gokak by order dated 01.10.2022. Therefore, the petitioner/accused No.1 is before this Court seeking bail.
3. Heard the arguments of learned counsel appearing for the petitioner and learned High Court Government Pleader for the respondent-State.
4. It would be the contention of learned counsel for the petitioner that there was no intention on the part of the petitioner/accused -5- CRL.P No. 103103 of 2022 No.1 to cause the death of the deceased. It is his further submission that unfortunately incident occurred and there was no intention on the part of the petitioner/accused No.1 to cause death. Accused No.4 has been granted anticipatory bail by this Court in Criminal Petition No.102262/2022 by order dated 25.08.2022. The petitioner is having son, daughter and old aged parents to look after. As the charge sheet is filed, the petitioner is not required for custodial interrogation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the offence alleged against this petitioner is heinous offence punishable with death or imprisonment for life. Serious overt acts are alleged against this petitioner/accused No.1 of lifting the deceased and throwing him on parshi tiles and causing head injuries and thereafter sitting on his chest and -6- CRL.P No. 103103 of 2022 assaulted with hands and caused his death. It is his further submission that the doctor who conducted post mortem examination over the dead body of the deceased has opined that cause of death is due to cranio-cerebral injuries as a result of head injury sustained by blunt force impact. There are eye witnesses who are cited in the charge sheet who have witnessed the alleged act of this petitioner/accused No.1. Out of them, the statements of CWs - 1, 6 and 11 have been recoded under Section 164 of Cr.P.C. The charge sheet material shows prima facie case against the petitioner/accused No.1 for the alleged offences. If the petitioner/accused No.1 is granted bail, there are chances of threatening the complainant and other prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submissions made by learned counsel for the petitioner and learned -7- CRL.P No. 103103 of 2022 High Court Government Pleader, this Court has gone through the charge sheet records.
7. The accusation leveled against this petitioner/accused No.1 is that accused Nos.1 to 4 entered the house of the complainant and accused No.4 pulled the saree of the complainant and at that time the deceased asked why she is pulling saree, at that time this petitioner/accused No.1 lifted the deceased and thrown him on parshi tiles and caused head injuries and sat on his chest and assaulted him with hands and caused his death. As no serious allegations are against accused No.4 therefore, she has been granted anticipatory bail by this Court. There are serious overt acts alleged against this petitioner / accused No.1. CW - 1 the wife of the deceased, CWs - 6 to 8 the sons of the deceased and CWs-9 to 11 neighbours, are all eye witnesses to the incident. CWs-1, 6 to 11 have specifically stated regarding the overt acts of -8- CRL.P No. 103103 of 2022 this petitioner/accused No.1 lifting the deceased on parshi tiles and causing injuries to him. The doctor who conducted post mortem examination over the dead body of the deceased has opined that death is due to cranio-cerebral injuries as a result of head injury sustained by blunt force impact. The offences alleged against this petitioner/accused No.1 are punishable with death or imprisonment for life. If the petitioner is granted bail, there are chances of threatening the complainant and other prosecution witnesses. The petitioner/accused No.1 has not made out any grounds for grant of bail. Hence, the petition is dismissed.
Sd/-
JUDGE SMM