Karnataka High Court
Prakash S/O Basappa Lingadalli vs The State Of Karnataka on 3 July, 2019
Equivalent citations: AIRONLINE 2019 KAR 1295
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 03RD DAY OF JULY 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRLIMINAL PETITION NO.101055 OF 2019
BETWEEN
1. PRAKASH S/O BASAPPA LINGADALLI
AGE: 29 YEARS, OCC: AGRICULTURE,
R/O: DODDA MORAB VILLAGE,
TQ: NAVALAGUND, DIST: DHARWAD.
2. ASHOK S/O BASAPPA LINGADALLI
AGE: 28 YEARS, OCC: AGRICULTURE,
R/O: DODDA MORAB VILLAGE,
TQ: NAVALAGUND, DIST: DHARWAD.
... PETITIONERS
(BY SRI. D. M. MALLI, ADVOCATE)
AND
THE STATE OF KARNATAKA
THROUGH SAUNDATTI POLICE STATION,
TQ: SAUNDATTI, DIST: BELAGAVI,
BY ITS PUBLIC PROSECUTOR,
HIGH COURT BUILDNG, DHARWAD.
... RESPONDENT
(BY SMT. SEEMA SHIVA NAIK, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC.439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ACCUSED
NO:2 & 3 ON BAIL IN PS CRIME NO:126/2019 REGISTERED
FOR THE OFFENCE PUNISHABLE UNDER SECTION 447, 307,
326, 504, 506 R/W SECTION 34 OF IPC, BY THE
RESPONDENT SAUNDATTI POLICE IN SO FOR AS
PETITIONERS ARE CONCERNED.
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THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition has been filed by the petitioners/accused Nos.2 and 3 under Section 439 of Cr.P.C., seeking to release them on bail in Crime No.126/2019 of Saundatti Police Station for the offences punishable under Sections 447, 307, 326, 504, 506 r/w 34 of the Indian Penal Code (herein after referred to as "IPC" for short).
2. I have heard the learned counsel for petitioners/accused persons and the learned High Court Government Pleader for respondent-state.
3. The gist of the complaint is that the complainant is residing with his father, mother and in- laws. On 13.04.2019, in the morning hours, when the complainant and his father were in their house, the accused persons came there and asked them to remove wastage of maize dumped in their land and started :3: quarreling with his father and insulted him in abusive words. At that time, accused No.2 assaulted on the leg of the complainant's father and accused No.3 assaulted with stones and caused grievous bleeding injuries. Immediately, the injured was taken to Sucharaya Hospital, where he got admitted and his left leg upper third was removed. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for petitioner accused that the petitioners/accused persons are innocent and they are closely related with complainant. There is no motive or any ill-will to commit such offence. It is his further contention that since 06.05.2019 they are in judicial custody and their personal liberty has been affected. It is further contended that the injured has been got admitted in the hospital on 13.04.2019 and discharged on 26.04.2019 and he is out of danger. The petitioners/accused persons are ready to abide by all the conditions imposed by this Court and :4: ready to furnish the surety to the satisfaction of the Court. On these grounds prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader has vehemently argued and contended that there are serious overt acts as against petitioners/accused Nos.2 and 3 and due to the alleged act of the petitioners/accused persons, the left leg of the injured was amputed. The petitioners/accused persons have caused grievous injury to the injured, which is punishable with imprisonment for a period of 10 years. It is further submitted that if the petitioners/accused persons are released on bail, again they may quarrel with the complainant and indulge in similar type of criminal activities. On these grounds, she prayed to dismiss the petition.
6. I have carefully gone through the submissions made by the learned counsel appearing for parties and perused the records.
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7. A close reading of the complaint clearly shows that it is the petitioner/accused No.2, who picked up quarrel with the complainant's father and assaulted him with an axe on his left leg, due to which the left leg of the injured was amputed. The said injury is considered to be very grievous injury and the petitioner/accused No.2 has involved in committing a heinous offence. Insofar as petitioner-accused No.3 is concerned, he has only pelted stones on the complainant and his father and no serious allegations have been made other than the said act. Hence, I feel that the petition as against petitioner- accused No.2 is dismissed and petition as against petitioner-accused No.3 is allowed and he is ordered to be released on bail in Crime No.126/2019 of Soundatti Police Station for the offences punishable under Sections 447, 307, 326, 504, 506 r/w 34 of IPC, subject to following conditions:-
i. Petitioner/accused No. 3 shall execute personal bond for a sum of Rs.2,00,000/- with two sureties for like :6: sum, to the satisfaction of the Trial Court.
ii. He shall not tamper with the prosecution witnesses directly or indirectly. iii. He shall not indulge in any criminal activities in future.
iv. He shall not leave the jurisdiction of the Trial Court, without obtaining prior permission.
v. He shall mark his attendance before the investigating officer on every first day of the month till the trial is concluded.
Sd/-
JUDGE yan