Karnataka High Court
Doddegowda vs State Of Karnataka on 5 November, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.5583 OF 2020
BETWEEN:
Doddegowda
S/o Gangarasiah
Aged about 45 years
Residing at Bettahalli Village
Dasanapura Hobli
Bangalore District-562 130. ... Petitioner
(By Sri.Lakshmikanth.K, Advocate)
AND:
State of Karnataka
By Madanayakanahalli Police Station
Represented by its Public Prosecutor
High Court Building
Bengaluru - 560 001 ... Respondent
(By Sri R.D.Renukaradhya, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Crime No.231/2020 of Madanayakanahally P.S., Bengaluru
City for the offences punishable under Sections 109, 115,
120-B, 427, 447, 302, 307 r/w Section 34 of IPC and etc.,
This Criminal Petition coming on for Orders through
video conference this day, the Court made the following:
-2-
ORDER
This petition has been filed by petitioner- accused No.1 under Section 439 of Cr.P.C., to release him on bail in Crime No.231/2020 of Madanayakanahally Police Station (pending on the file of Additional Civil Judge and JMFC, Nalamangala) for the offence punishable under Sections 109, 115, 120B, 427, 447, 302, 307 read with Section 34 of IPC.
2. I have heard the learned counsel Sri Lakshmikanth.K for petitioner-accused No.1 by virtual hearing and the learned High Court Government Pleader Sri R.D. Renukaradhya for the respondent- State.
3. The case of the prosecution in brief is that a complainant is having three children and the deceased is also one of the son of the complainant. It is further alleged that the wife of the deceased deserted and she has been staying in her parental house. It is further -3- alleged that the grand father of the deceased had executed registered gift deed in respect of land bearing Sy.No.8 measuring 3 acres 7 guntas and all the records are in the name of deceased Harishkumar. Since from six months the son of the complainant staying in a village by looking after the said land fallen to the share of his father. There was some dispute between the children of younger brother namely A.G.Doddegowda and they were claiming that they were having the share over the said land and have filed a civil suit. It is further alleged that they were disturbing to the possession of the deceased. In that light, on 09.05.2020 at about 11.00 a.m. when the deceased while cleaning the land along with JCB, the accused persons prevented him and also made a galata and threatened to his life. It is further alleged that on 21.06.2020 in the evening when the complainant was in the house, some persons informed over the phone that her son has been murdered near the land. Immediately, the complainant -4- went there and found the dead body in a pool of blood. On the basis of the complaint, after making an enquiry with CW.2 the driver of JCB, she filed the complaint alleging that when the deceased was in the field and the driver of the JCB was also there. At about 3.30 p.m. 8-10 persons came on a motor cycle by holding a deadly weapons and assaulted on his head, face, chest and other parts of the body and done away with the life of the deceased. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for petitioner-accused No.1 that he is innocent and he has not committed any offence. It is his further submission that already the charge sheet has been filed and petitioner-accused No.1 is not required for the purpose of any further investigation or interrogation. It is his further submission that CW.2, 11 to 15 are the eyewitnesses to the alleged incident, but their specific -5- overt acts have not been stated by any one of the witness. It is his further submission that earlier the allegation was 8-10 persons came on a motor cycle tried to assault. Subsequently, a case has been registered and the charge sheet has been filed only against accused Nos.1 to 3. It is his further submission that the civil suits are pending in between the parties only with the inimical terms and he has been implicated as an accused. It is his further submission that petitioner- accused No.1 had no any intention to cause the death and the case of the prosecution itself goes to show that they have taken the club, fallen there and have assaulted on the head. It is his further submission that postmortem report clearly goes to show that there were incised wound which caused the death. He is ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and to release the petitioner-accused No.1 on bail.
-6-
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that CW.2 is an injured eyewitness, who got treatment and he has produced the certificate. It is his further submission that when he suffered with the injuries, immediately went to the hospital and next day his statement has been recorded there is no delay in recording the statement of the said witness. It is his further submission that CWs 11 to 15 are the eyewitnesses to the alleged incident and they have specifically stated about the participation of the accused and have also identified petitioner-accused No.1. It is his further submission that there is a strong motive as against the deceased and in that light, they have committed the alleged offence. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. -7-
7. On close reading of the records in indicates that CWs 2, 11 to 15 are the eyewitnesses to the alleged incident and petitioner-accused No.1 and the deceased were also having some civil dispute. Earlier to the said incident, a quarrel has also taken place and on the date of alleged incident petitioner-accused No.1 along with other accused persons came and have assaulted with the club and it is the accused No.2 that who has slit the neck by using the knife and accused No.3 has also assaulted with club. Taking into the above said facts and circumstances, I am of the considered opinion that there is no prima-facie case made out by petitioner- accused No.1 to release him on bail. The petition is liable to be dismissed and accordingly, it is dismissed.
Sd/-
JUDGE ssb