Ravi S/O Tukaram Rathod And Anr vs The State Through Gogi Ps on 19 November, 2012

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Karnataka High Court

Ravi S/O Tukaram Rathod And Anr vs The State Through Gogi Ps on 19 November, 2012

Bench: C.R.Kumaraswamy

                                 1

            IN THE HIGH COURT OF KARNATAKA
               CIRCUIT BENCH AT GULBARGA

      DATED THIS THE 19TH DAY OF NOVEMBER 2012

                              BEFORE
    THE HON'BLE MR.JUSTICE C.R.KUMARASWAMY

           CRIMINAL PETITION NO.16069/2012

BETWEEN
1. Ravi S/o Tukaram Rathod
   Age: 20 years, Occ: Agriculture,

2. Ramesh S/o Shankar Jadhav
   Age: 19 years, Occ: Agriculture,

   Both are R/o Bhimlu Naik Tanda
   Tq. Shahapur Dist. Yadgir.
                                             .... PETITIONERS
(By Sri Ayyanagouda S.Patil, Advocate)

AND
The State through Gogi P.S.                 .... RESPONDENT

(By Smt. Anuradha M.Desai, Addl. SPP)


      CRIMINAL PETITION FILED U/S. 439 OF CR.P.C BY THE
ADVOCATE     FOR    THE   PETITIONERS    PRAYING   THAT   THIS
HON'BLE COURT TO ENLARGE THE PETITIONERS ON BAIL IN
CRIME NO: 57/2011 OF GOGI POLICE STATION TQ: SHAHAPUR,
                               2

DIST. YADGIRI, WHICH IS REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 323, 324, 504, 354,
306 READ WITH SEC. 149 OF INDIAN PENAL CODE.


     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:


                         ORDER

This criminal petition is filed under Section 439 of Cr.P.C. by the Advocate for the petitioners praying that this Court to enlarge the petitioners on bail in crime No.57/2011 of Gogi Police Station, which is registered for the offences punishable under Sections 143, 147, 323, 324, 504, 354, 306 read with Section 149 of Indian Penal Code.

2. I have heard the learned counsel for the petitioners as well as the learned Addl. State Public Prosecutor for the respondent.

3. The contents of the FIR found in the record discloses that the Gogi police have registered a case in Crime 3 No.57/2012 against accused Nos.1 to 9 for the offences punishable under Sections 143, 147, 323, 324, 504, 354, 306 read with Section 149 of Indian Penal Code on the complaint of Vittal. It is alleged that there was quarrel between accused No.1 Jairam and the victim Laxmibai in connection with the drainage water. During the course of quarrel accused No.1 assaulted CW-1's wife Laxmibai by means of club, accused Nos.2 and 3 assaulted CW-1's wife on her stomach. Accused No.4 assaulted victim on her chest. Accused No.5 assaulted victim with hands. Accused No.6 and 7 caught hold of her hands and pulled her and accused No.8 and 9 lifted the petticoat and pulled the saree and assaulted her. Consequently, victim Laxmibai committed suicide by hanging herself on 26.08.2011 at 7.00 p.m.

4. The overt-act attributed against accused No.8 and 9 is that they lifted the petticoat of victim and pulled her saree and assaulted her. The main offence alleged against the 4 petitioners is under Section 306 of Indian Penal Code. This offence is not punishable with death or imprisonment for life. In this case investigation is completed and charge sheet has been filed. Though there are reasonable grounds to believe that accused No.8 and 9 are guilty of the offences alleged, but taking into consideration that the offences alleged against them are not punishable with death or imprisonment for life. Petitioners are in judicial custody for the past 45 days. It is well settled law that pre-trial detention is bad in law. The presence of the petitioners is not required for the police since the charge sheet has been filed. In my view, bail can be granted by imposing very stringent conditions considering the manner in which the alleged crime is committed by the petitioners.

5. In the result, I pass the following:

ORDER 5 This Criminal Petition is allowed conditionally. Petitioners No.1 and 2 are granted with bail. They shall be released on bail in Cr. No.57/2011 of Gogi Police Station on their executing a personal bond for a sum of Rs. 30,000/- each with two sureties for like sum to the satisfaction of the learned JMFC, Shahaapur on the following conditions;

i) Petitioners shall not tamper with the prosecution witnesses.

             ii)      Petitioner          No.1-Accused          No.8,
                      petitioner   No.2-Accused        No.9     shall
                      mark    their       attendance   before    the

respondent-police once in fortnight till conclusion of the trial.

If any condition is violated, bail entails cancellation.

Sd/-

JUDGE NSP

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Karnataka High Court