Karnataka High Court
Basawaraj And Anr vs The State Of Karnataka on 3 July, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 03RD DAY OF JULY, 2017
BEFORE
THE HON'BLE MR.JUSTICE B. A. PATIL
CRIMINAL PETITION No.200711/2017
Between:
1. Basawaraj,
S/o bhimaraya Bijaspur,
Age about 26 Years,
Occ: Agriculture,
R/at Halepet Shahapur,
Taluk Shahapur,
Dist: Yadgiri.
2. Sangappa
S/o Bhimaraya Bijaspur,
Aged about 24 Years,
Occ: Agriculture,
R/at Halepet Shahapur,
Taluk Shahapur,
Dist. Yadgiri.
... Petitioners
(By Sri. J. Augustin, Advocate)
And:
The State of Karnataka
Through Shahapur P.S.,
Now Represented by the Addl. S.P.P.,
High Court Building,
Bangalore-560 001.
... Respondent
(By Sri. Prakash Yeli, Addl. SPP)
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This Criminal Petition is filed under Section 438 of
Cr.P.C., praying to allow this petition and thereby direct the
respondent Police/ Shahapur P.S., Dist: Yadagiri and release
the petitioners on bail in the event of their arrest in Crime
No.158/2017, which is registered for the offences punishable
under Sections 323, 324, 326 504 and 506 R/w Section 34
of IPC.
This petition coming on for Orders this day, the Court
made the following:-
ORDER
The present petition is filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.158/2017 of Shahapur Police Station, Dist. Yadgiri, registered for the offences punishable under Sections 323, 324, 326, 504 and 506 R/w Section 34 of IPC.
2. Brief facts leading to filing of the complaint are that, there was a civil dispute between the complainant and the accused persons. The complainant was demanding his share in the property. In that light, on 16.5.2017 at about 10:30 p.m. the complainant was sitting on katta of his house. At that time, petitioners came and picked up quarrel with the complainant and 3 have demanded their share in the property and abused him in filthy language. At that time, accused No.1 assaulted on the head of the complainant with Axe and also assaulted on his right palm and right knee. Accused No.2 assaulted on the head of the complainant with stick. Accused No.3 sprinkled chilly powder on the eyes of the complainant. Accused No.4 slapped on the cheek of the complainant. Thereby the accused persons have voluntarily caused grievous injuries and simple hurts to the complainant and meanwhile one Honnappa and Bhimaraya came and separated the scuffle. Thereafter, complainant was taken to Government Hospital, Shahapur and there, respondent-Police came therein and recorded the statement of the complainant, and a case was registered against the accused persons.
3. I have heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor appearing for respondent-State. 4
4. The main grounds urged by the learned counsel for the petitioners are that; the petitioners are innocent and they have been falsely implicated in the case. He would further contend that there are no eyewitnesses to the complainant. The complainant in the motor vehicle accident has sustained the said wounds. He would further contend that the accused and the complainant are the close relatives. Only with an intention to take a share in the property, a false case has been registered against him. He would further contend that, complainant has been already discharged from the hospital and he is out of danger. He would further contend that, earlier a compromise was also entered into between the parties. He would further contend that, petitioners are respectable persons in the society. It is further contended that, if the petitioners are enlarged on bail, they are ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petition. 5
5. On the contrary, learned Additional State Public Prosecutor appearing for the respondent-State vehemently contended that, the petitioners are the main accused. Accused No.1 has assaulted the complainant on his head and other parts of the body with an axe. Accused No.2 has also assaulted with club and stick and caused grievous injuries. There is prima facie material as against the petitioner Nos.1 and 2. He would further contend that, the complainant has sustained serious injuries, which is punishable with imprisonment for life. He would further contend that, the petitioner were not available for the purpose of investigation or interrogation and were absconding and if at this stage, if the petitioners are enlarged on bail, they may tamper with the prosecution evidence, they may abscond and they may not be available for trial. On these grounds, he prays for dismissal of the petition.
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6. I have carefully and cautiously gone through the copy of the FIR, complaint and other material produced along with the petition.
7. It is not in dispute that a civil dispute is also pending in between the complainant and the accused persons for getting the share in their properties. But, on the alleged date of incident i.e., on 16.5.2017, it is alleged that, accused persons came near the house of the complainant and asked their share in the property and they have also abused the complainant in filthy language. Accused No.1 assaulted on the head of the complainant with an axe, accused No.2 has also assaulted on the head of the complainant with stick and the other accused persons have also sprinkled the chilly powder besides slapping the complainant.
8. Though there is some allegation against the petitioners, but the alleged offences are not punishable with death and already the injured who has been admitted in the Basaveshwar Teaching and General Hospital, 7 Gulbarga has been discharged from the hospital and he is out of danger. When the injured has been discharged from the hospital and he is out of danger, then under such circumstances, if the petitioners are enlarged on bail by imposing some stringent conditions, it is going to meet the ends of justice. For the aforesaid reasons, the petition is allowed.
The respondent-Police are hereby directed to release the petitioners/accused Nos.1 and 2 on bail, in the event of their arrest, for the above said offences, subject to the following conditions :-
i. The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two solvent sureties for the likesum to the satisfaction of the arresting authority.
ii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly.8
iii. The petitioners shall appear before the investigating officer as and when required and co-operate for investigation.
iv. The petitioners shall mark attendance before the concerned police every fortnight till the chargesheet is filed.
v. The petitioners shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within thirty days from the date of receipt of certified copy of this order.
Sd/-
JUDGE BL