Karnataka High Court
Narasimhamurthy L V vs State Of Karnataka on 22 September, 2020
Author: K.Somashekar
Bench: K.Somashekar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO.4267 OF 2020
BETWEEN:
SRI. NARASIMHAMURTHY L.V.
AGED ABOUT 52 YEARS,
S/O VENKATAPPA
OCC. AGRICULTURIST
RESIDING AT LAKKENAHALLI
HEBBUR HOBLI,
TUMAKURU TALUK,
TUMAKURU DISTRICT-572113.
... PETITIONER
(BY SRI. H.L.JAYARAMU, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY HEBBURU POLICE STATION,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE-560001.
... RESPONDENT
(BY SMT. RASHMI JADHAV, HIGH COURT GOVERNTMENT
PLEADER)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CODE OF CRIMINAL PROCEDURE BY THE
ADVOCATE FOR THE PETITIONER PRAYING TO ENLARGE
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THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST
IN CR.NO.83/2020 OF HEBBUR POLICE STATION,
TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER
SECTION 307 OF INDIAN PENAL CODE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This is a successive bail petition filed by the accused in Crime No.83/2020 of Hebbur Police Station for the offence punishable under Section 307 of Indian Penal Code, 1860.
2. The police are making hectic efforts to apprehend the accused without there being any reasons. Therefore, this petition is filed by the petitioner seeking anticipatory bail in the event of his arrest.
3. It is stated in the complaint that the marriage of the complainant was performed with one Mudalagiriappa of Lakkenahalli village. But on -3- 31.05.2020, the complainant had been to visit the house of his sister along with his friend namely Hanumantharaju at around 5.30 pm. While they were returning to Lakkenahalli village from Nagavalli village in a motor cycle near the land of one Venkatesha, the accused who came there holding a chopper, attempted to assault him near the neck by chopper. But, the complainant has escaped from the clutches of the assault made by the accused. But, the hit made by him came into contact of his shoulder part. As a result of that, he has sustained grievous injuries. Subsequently, committed the alleged offence. The accused who led from the scene of crime along with the chopper. But the injured complainant went to Primary Health Centre at Hebbur and taken treatment there. In pursuance of the act of the accused on filing of the complaint by the complainant, a case in Crime No.83/2020 for the offence punishable under Section 307 of IPC came to be registered.
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4. The counsel for the petitioner who is physically present before the Court during the course of his argument contended that the injured Puneeth R, said to be assaulted by the accused on 31.05.2020 at around 6.30 pm., at Lakkenahalli village road side with means of a sickle. The injured had been subjected for examination by a Medical Officer of Primary Health Centre, Hebbur, Tumakuru Taluk who issued a wound certificate and also opined that the injury Nos.1 and 2 are simple in nature. The injury No.1 is lacerated wound over the left sided scapular region and the injury No.2 is abrasion over the left sided upper arm and the same is reflected in the wound certificate. However, the injuries inflicted on the victim are simple in nature. Therefore, the ingredients of Section 307 of IPC would not be constituted even though the alleged incident was taken place as narrated in the complaint. But a case in O.S.No.639/2018 is pending between the petitioner and his brother, but the police are making hectic efforts to -5- arrest the accused. The accused attempted to take away life of the injured. But the injured is discharged from the hospital and this aspect requires to be considered. This is the successive bail petition filed by the petitioner.
5. Lastly, the counsel submitted that the accused hails from the responsible family and more over ready to abide any terms and conditions imposed by this Court, while granting bail to him in this successive bail petition.
6. Per contra, the learned HCGP for the State has taken me through the averments made in the complaint and so also reflected in the FIR said to have been recorded by the Hebburu Police Station in Crime No.83/2020. But the accused assaulted the injured with means of a dangerous weapon like sickle. But, in the wound certificate, it reveals that a sickle is said to have been used by the accused. But, the accused is the -6- cause for the injuries inflicted on the person of the injured. The allegations made against the accused is that he attempted to take away the life of the injured. Therefore, in this successive bail petition, there is no development in the changed circumstances except the wound certificate is produced for seeking anticipatory bail for an offence of 307 of IPC. He submitted that once he has approached this Court seeking anticipatory bail but the same was rejected. Therefore, the accused does not deserves for grant of anticipatory bail in the successive bail petition filed by him.
7. Having regard to these contentions are concerned, based on the complaint filed by the injured the case in Crime No.83/2020, the offence under Section 307 of IPC came to be registered. The incident had taken place on 31.05.2020 at around 5.30 pm., which is reflected in the complaint. The accused made attempt to take away the life of the injured with means -7- of either a chopper or sickle which discloses in the wound certificate received by the doctor. But the injured who was subjected to examination at Primary Health Centre, Hebburu and the doctor noticed lacerated wound over scapular region and another abrasion wound over the left sided upper arm and he has opined that the injury Nos.1 and 2 are simple in nature. But, it is relevant to refer that a case in OS No.639/2018 is pending between the petitioner being arraigned as accused and his brother. But there shall be some civil dispute emerged between the parties. This accused has earlier approached to this Court by filing the bail petition under Section 438 of Cr.P.C and the said petition came to be dismissed in the Order dated 9th July 2020 and this is the successive bail petition filed by the accused for seeking anticipatory bail by producing the wound certificate and appraising to the nature of injuries on the person of the injured. The accused is absconding since the date of alleged offence -8- and that itself indicates that the conduct and behaviour of the accused. He made attempt to take away the life of the injured, which has inferred in the materials.
8. Therefore, it is said that in a successive bail petition, there is no justifiable ground for consideration of the relief of bail as sought for. But in a peculiar circumstances of the case and so also infliction of the injuries on the person of the injured which reflected in the wound certificate, it is appropriate to pass a suitable order. But the accused is not deserving for anticipatory bail as he has sought for. Accordingly, I proceed to pass the following;
ORDER
(i) The petition filed by the accused under Section 438 of Cr.P.C is hereby rejected.
(ii) However, in the peculiar circumstances of the case and so also the injuries inflicted on the injured as disclosed in the wound certificate issued by the -9- doctor are concerned, it is appropriate to state that the accused be directed to appear / surrender before the Court of 4th Additional Civil Judge and JMFC., Tumakuru and to file a regular bail application in accordance with the requisite provision of the Criminal Procedure Code and a copy of the same shall be furnished to the learned Additional Public Prosecutor in that Court for enabling him to file objection, if any.
(iii) If the bail application is filed by the accused, the same shall be disposed of on the same day by giving an opportunity to the prosecution to enable him to response to that application and the same shall be disposed of on merits in accordance with law.
(iv) Whatever the observations made in this order, shall not influence the Trial Court
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for considering the bail application filed by the accused.
Ordered accordingly.
Sd/-
JUDGE GH