Karnataka High Court
Arun S/O Shekhappa Savanur vs State Of Karnataka on 29 November, 2017
Author: K.Somashekar
Bench: K. Somashekar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 29TH DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE MR. JUSTICE K. SOMASHEKAR
CRIMINAL PETITION NO.102550/2017
BETWEEN
1. Arun S/o; Shekhappa Savanur,
Aged about: 30 Years,
Occ: Agriculture & Business,
R/o; Sangur, Tq & Dist: Haveri.
2. Kumar
S/o: Ramanna Puttannanavar,
Aged about: 22 Years,
Occ: Agriculture, R/o; Sangur,
Tq & Dist: Haveri
.......Petitioners
(By Sri Aravind D.Kulkarni, Advocate )
AND:
State of Karnataka
Through Haveri Rural Police,
Rep. By State Public Prosecutor,
High Court of Karnataka,
High Court Building, Dharwad.
.
........Respondent
(By Sri Anand Navalagimath, HCGP)
2
This Criminal Petition is filed under Section 439 of
Cr.P.C., seeking to allow the present petition and enlarge
the petitioners on bail in Haveri Rural Police Station, Haveri
in Crime No.237/2017 registered for the offences
punishable under Sections 143, 147, 148, 324, 504, 506 of
IPC and Section 3(1)(r), 3(2) (VA) of SC and ST Amended
(Prevention of Atrocities) Act by allowing this petition.
This petition coming on for Orders this day, the court
made the following:
ORDER
This petition has been filed by the petitioner under Section 439 of Cr.P.C. for his release on regular bail in Crime No.237/2017 of Haveri Rural Police Station, registered for the offence punishable under Sections 143, 147, 148, 324, 504, 506 of IPC and Section 3(1)(r), 3(2) (VA) of SC and ST Amended (Prevention of Atrocities) Act. Since from the date of his arrest, the accused is in judicial custody. Therefore, the learned counsel for the petitioner is praying for enlargement of the petitioner on regular bail among the grounds urged therein.
2. Brief facts of the case are as under;
3
The complainant has filed a complaint before the respondent police alleging that on 21.10.2017, wherein he had been to Kulenur village for watching the bullock race and after watching the bullock race, when he was returning to his village, as he reached nearby Primary Health Centre, Kulenur around 10-12 persons all of a suddenly attacked the complainant and assaulted with means of hands, clubs and stones and so also the accused were abused him with filthy language by holding his caste. That the person namely Krishna who had came to rescue the complainant from the clutches of the accused, he was also assaulted by them. When the people gathered at the scene of crime, on seeing the same, the accused who were took heel from there by extending life threat to the complainant. Thereafter, the complainant had been taken to the Haveri District Hospital for treatment as he was lost his consciousness and even the Krishna was also taking treatment in the said Haveri District Hospital as he was also sustained injuries. In pursuance of the act of the accused, 4 on filing of the complaint by the complainant, the crime came to be registered and thereafter proceed with the case for investigation.
3. Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.
4. The learned counsel for the petitioners has been contended that there is no direct overt act attributed against the accused for the alleged offences by abusing the complainant by holding his caste and also assaulting with means of hands, clubs and stones on 21.10.2017, wherein the complainant was returned after watching bullock race as he was reached near Primary Health Centre, Kulenur. However, this theory has been set up in a complaint filed by the complainant in order to register the crime against the accused just to give harassment to them. It is further contended that during the course of investigation, that these accused have been apprehended by the police in the alleged crime. Since from the date of arrest the accused are in judicial custody. It is further contended that the co- 5 accused in the alleged crime have already been granted bail and those accused and these accused are in the similar footings. Therefore, the principles of parity may be extended to these accused to consider the bail petition filed by them. The accused hails from the respectable family and having respect in the eye of Society. Moreover, the accused are ready to abide by any terms and conditions imposed by this Court, while granting bail to them. If the accused is kept behind the bar for a longer period, the family member would be ruined in the society. Therefore, praying to enlarge the petitioners on regular bail.
5. Per contra, the learned HCGP for the respondent-State during the course of arguments contended by reiterating the averments made in the complaint said to be filed by the complainant before the respondent police, wherein the accused said to have been assaulted the complainant with means of hands, clubs and stones over the person. On 21.10.2017, at about 3.00 p.m., when the complainant was returned to his village after watching bullock race, when he 6 reached near Primary Health Centre, all of sudden attacked the complainant by abusing in filthy language by holding his caste, which wounded his feelings and the same has been reflected in the FIR. Subsequent to the registration of the crime against the accused, the case is still under investigation by the Investigating Officer by recording the statement of witness by securing the material documents. On all these grounds the learned HCGP seeking for dismissal of the bail petition filed by the petitioners. Therefore, the accused do not deserve for bail, if the accused are supposed to be released on bail, certainly they would come in the way of the prosecution case and destroy the evidence and praying to reject the petition.
6. Keeping in view of the contention taken by the learned counsel for the petitioners as well as the learned HCGP appearing for the state, relating to the case in Crime No.237/2017 that the accused were unlawfully assembled on 21.10.2017, at about 3.00 p.m., when the complainant had returned after watching bullock race, when he was near 7 Primary Health Centre, this incident alleged to be taken place and the accused had been assaulted with means of hands, clubs and stones by abusing in filthy language by holding his caste. Subsequent to registration of the crime against the accused, the case is still under investigation by the Investigating Officer and moreover the co-accused have already been granted bail by this Court. Therefore, at this stage it is said that it does not require any detail discussion while considering the bail petition filed by the petitioners, as there are substance in the contention of the learned counsel for the petitioners seeking for the relief of bail.
7. Whereas, the learned HCGP submits that, if the accused are supposed to be released on bail, certainly they would come in the way of prosecution case and destroy the evidence. This apprehension expressed by the learned HCGP could be curtailed by imposing certain suitable conditions to safeguard the interest of the prosecution. Therefore, for the aforesaid reasons and as well as in the circumstances of the case, I am of the considered opinion 8 that the petitioners deserves for grant of bail. Accordingly, I proceed to pass the following:
ORDER The bail petition filed by the petitioners under Section 439 of Cr.P.C. is hereby allowed subject to the following conditions:
(1) The petitioners shall execute a bond in a sum of Rs.50,000/- each with likesum surety to the satisfaction of the Prl. District and Sessions Judge, Haveri, where the case in Crime.No.237/2017 of Haveri Police is pending.
(2) The petitioners shall co-operate with the Investigating Officer during investigation, if necessary.
(3) The petitioners shall not tamper or hamper the case of prosecution witnesses.
(4) The petitioners shall mark their attendance before the concerned SHO once in fortnight as per the English monthly calendar in between 10:00 a.m. and 5:00 p.m. for a period of three months.9
(5) If the petitioners are supposed to be continued in similar offence, marking of attendance shall be continued pending disposal of the entire case.
(6) The petitioners shall not indulge with any criminal activities henceforth.
If the petitioners violate any of the above conditions, the bail order shall automatically stands ceased.
SD/-
JUDGE msr