Karnataka High Court
Suryaprakash vs The State Of Karnataka on 3 July, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JULY, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200479/2017
Between:
Suryaprakash S/o Basawaraj
Age: 31 years, Occ: Student
R/o Heggansahalli Village
Tq. & Dist. Raichur
... Petitioner
(By Sri Vishal Pratap Singh, Advocate for
Sri J. Augustin, Advocate)
And:
The State of Karnataka
Through the SHO
Raichur Rural Police Station
Presently represented by
Addl. SPP High Court Buildings
Kalaburagi
... Respondent
(By Sri Prakash Yeli, Addl. SPP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to allow this petition and release the
petitioner on regular bail in C.C.No.3567/2016 (Crime
No.186/2016) of Raichur P.S. District Raichur Rural,
registered for the offences P/U/Sec. 302, 201, 506 R/W Sec.
34 of IPC.
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This petition coming on for Orders this day, the Court
made the following:-
ORDER
This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C., seeking regular bail in Crime No.186/2016 of Raichur Rural Police Station, registered for the offences punishable under Sections 302, 201, 506 R/w 34 of IPC.
2. Brief facts leading to filing of the complaint are that, The complainant's daughter Nandini was given in marriage to accused No.1 and she had delivered two children and during the second delivery and before it, accused No.1 harassed her and in that context, a panchayat was convened. In the said panchayat, accused No.1 was instructed to take care of his wife properly. When that being the case, on 28.08.2016, at about 8.30 p.m., accused No.1 came to the house of the complainant and requested to send his wife Nandini 3 along with him and also gave criminal intimidation to take out the life. Thereafter, he started searching his father-in-law. When he went to wine shop, he saw his father-in-law namely Venkatesh in the wine shop consuming alcohol. When accused No.1 questioned his father-in-law as to why he is not sending his wife Nandini along with him, the deceased-Venkatesh told accused No.1 that, if he brings elders, he will send back his daughter along with accused No.1. At that time, accused No.1 assaulted on the head of the father-in- law, Venkatesh, with a beer bottle and as a result of the same, he sustained bleeding injuries. In the meanwhile, accused No.2 came there; thereafter, accused Nos.1 and 2 both carried the deceased on a motorbike near the railway gate. Accused No.1 again assaulted the deceased on his head with a hand size of stone and caused the death.
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3. I have heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioner are that, petitioner has co-operated during the course of investigation and since nine months, he is in judicial custody and already the charge sheet has been filed against the accused persons. It is further contended that if the petitioner is detained in the jail, his liberty is going to be affected. On these grounds, he prays for allowing the petition.
5. I have gone through the copy of the complaint and other material produced along with the petition.
6. As could be seen from the records and the statement of the eyewitnesses, accused No.1 used to harass the daughter of the deceased and on 5 28.02.2016, accused No.1 came to the house of the complainant and requested to send his wife Nandini along with him and also gave criminal intimidation to take out the life. Thereafter, he started searching his father-in-law and when he went to wine shop, he saw his father-in-law-the deceased in the wine shop consuming alcohol. When accused No.1 questioned his father-in-law as to why he is not sending his wife Nandini along with him, deceased told accused No.1 that, if he brings elders, he will send back his daughter along with him. At that time, accused No.1 assaulted on the head of the deceased with a beer bottle and as a result of the same, he sustained bleeding injuries and thereafter accused Nos.1 and 2 carried the deceased on a motorbike near the railway gate and accused No.1 again assaulted the deceased on his head with a hand size of stone and caused the death. When there is ample material to show that, it is accused No.1 in the first instance has assaulted the deceased with a beer 6 bottle and thereafter he carried the deceased near the railway gate and again assaulted him with stone and caused the death, under such circumstances, the serious allegations are there and prima facie material is placed against accused No.1 and the said offence is punishable with death or imprisonment for life. When the petitioner has been charged with a said serious offence, under such circumstances, merely because the petitioner is in custody for a period of nine months and his liberty is involved in the said case, is not a good ground to grant the bail.
Accordingly, the petition is dismissed.
Sd/-
JUDGE LG Ct: RRJ