Karnataka High Court
Sri K M Ashoka vs State Of Karnataka on 11 November, 2013
Equivalent citations: 2014 (1) AKR 33
Author: H.S.Kempanna
Bench: H.S. Kempanna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF NOVEMBER 2013
BEFORE
THE HON'BLE MR.JUSTICE H.S. KEMPANNA
CRIMINAL PETITION NO.6133/2013
BETWEEN
SRI. K.M.ASHOKA
AGED ABOUT 45 YEARS
S/O. LATE MANJAIAH
OCC: WATCHER, BISLE FOREST
YASALUR FOREST RANGE
YASALUR HOBLI, SAKLESHPUR TALUK
HASSAN DISTRICT - 573 201.
... PETITIONER
(BY SRI. M.KRISHNAPPA, ADV.,)
AND:
STATE OF KARNATAKA
THROUGH YASALUR POLICE
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BLD.
BANGALORE - 560 001.
... RESPONDENT
(BY SRI.B.VISWESWARAIAH, HCGP)
THIS PETITION IS FILED UNDER SECTION 439 OF
CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL
IN CRIME NO.77/2013 (NEW CR.NO.148/13) OF YASALUR
P.S., HASSAN CULMINATED IN SPL.C.NO.76/13 ON THE
FILE OF THE ADDL.S.J.HASSAN, FOR THE OFFENFCES
P/U/S. 143, 147, 504, 323, 324, 302 R/W. 149 OF IPC AND
SEC. 3C1 (1)(X) SC/ST (PA) ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-
2
ORDER
The petitioner who is now arrayed as A.1 in Spl.C.No.76/2013 on the file of Addl. Sessions and Special Judge, Hassan, registered for the offences punishable under Sections 143, 147, 504, 323, 324, 302 R/W. 149 OF IPC and Sec. 3 (1)(x), 3(2)(v) of SC/ST (PA) Act, 1989 and Sec. 24(c)(ii) of Karnataka Forest Act, 1961, is before this Court praying for enlarging him on bail pending disposal of the trial in the aforementioned special case.
2. It is the case of the prosecution, on 4.6.2013 at about 4.00 p.m. the complainant, deceased, witnesses cited in the charge sheet and other persons had been to Chowdammana Temple situated near Bisile Gadi forest guest house to perform pooja. After performing pooja all the persons who had come to the temple had assembled near the guest house to have their food. At that time, it is alleged this petitioner and other accused in the case numbering to 17 persons who were boozing inside the guest house came out of the 3 guest house, picked up quarrel with the complainant and other persons who had assembled near the guest house to take their food, kicked the food that they had kept at the said place and abused them by taking out their caste name. It is further alleged that among the said persons, when the deceased Halappa went to bring water from the tap situated behind the guest house, he is alleged to have been abused by taking out his caste name saying that he and others are not entitled to take water from the tap as they belong to SC/ST community and further directed him to bring water from near by the running river. At that time, it is alleged the accused apart from abusing the said persons including the deceased assaulted him with clubs, stones and committed his murder.
3. Learned counsel for the petitioner submits that A.2 to A.7, A.14 and A.5 in this very case have been granted anticipatory bail by the Jurisdictional Special Judge. He further submits that among other accused, A.13, A.16 and A.18 have been granted regular bail by 4 this Court in Crl.P.No.3521/2013 on 26.06.2013. He submits that entire material on record does not reflect the specific overt act as against this petitioner vis-à-vis either the complainant or the deceased. He further submits in view of the other accused having been granted anticipatory bail and regular bail by the learned Spl.Judge and by this Court respectively, as the case of the petitioner does not stand on a different footing than that of the said accused, he be also released on bail.
4. Learned High Court Government Pleader opposing the application filed by the petitioner contended the material on record reveals that this petitioner along with other accused in the case on the date, time and place having formed themselves into an unlawful assembly armed with deadly weapons like clubs, stones and in furtherance of common objet of their unlawful assembly have not only abused the complainant and other persons who gathered near the guest house by taking out their caste name, but also have committed the murder of the deceased Halappa. 5 There is no reason whatsoever to discard the materials now collected and placed before the Court. Therefore, he submits, since a prima facie case against this petitioner has been made out for the offence under Section 302 of IPC, he is not entitled to be released on bail.
5. It is not in dispute that all other accused in the very case have already been granted anticipatory bail and regular bail by the learned Special Judge and by this Court. Since the material now on record does not specify the overt act of this petitioner vis-à-vis either on the complainant or the deceased and other persons who are actually gathered at the said place and taking into account all other accused have also been granted anticipatory bail and regular bail, as he is in custody since 7.6.2013, in the circumstances, I do not find any justification to decline the request of the petitioner. Accordingly, I proceed to pass the following:-
ORDER Petition is allowed.6
The petitioner is ordered to be released on bail on his executing a personal bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the learned Special Judge subject to the following conditions:-
1. The petitioner shall not tamper with the prosecution witnesses.
2. He shall attend the Court on all the dates of hearing.
Sd/-
JUDGE SA