Karnataka High Court
Kumar S/O Sainath Pujar vs The State Of Karnataka on 13 January, 2020
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13th DAY OF JANUARY 2020
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
Criminal Petition No.102170 of 2019
BETWEEN:
1. KUMAR S/O SAINATH PUJAR
AGE: 22 YEARS, OCC: COOLIE,
R/AT: ISHWAR NAGAR,
HUGAR PLOT, 1ST CROSS,
HUBBALLI-580024.
2. YAMANURASAB S/O KHADARSAB PINJAR
AGE: 25 YEARS, OCC: PRIVATE WORK,
R/AT: ISHWAR NAGAR,3rd CROSS
OLD HUBBALLI, HUBBALLI-580024.
3. GURUSIDDA @ GURU S/O YANKAPPA UPHAR
AGE: 24 YEARS, OCC: COOLIE,
R/AT: ISHWAR NAGAR,
1ST CROSS, OLD HUBBALLI,
HUBBALLI-580024.
.. PETITIONERS
(BY SRI. GOURISHANKAR H. MOT, ADV.)
AND:
THE STATE OF KARNATAKA
KASABAPETH POLICE STATION,
HUBBALLI, REP. BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT,
DHARWAD BENCH, AT: DHARWAD.
.. RESPONDENT
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(BY SMT. SEEMA SHIVA NAIK, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C.
SEEKING TO GRANT BAIL AND TO RELEASE THE ACCUSED NO.1
TO 3/PETITIONERS IN KASABAPETH POLICE STATION, CRIME
NO.0034/2019 PENDING ON THE FILE OF THE II-ADDL. CIVIL
JUDGE (JR.DN.) & JMFC III-COURT, HUBBALLI, FOR THE
OFFENCES P/U/S 114, 143, 201, 323, 324, 302, 307, 326, 341,
427, 452, 504 R/W SEC. 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners aggrieved by the order dated 28.10.2019 passed in Criminal Miscellaneous No.703 of 2019 passed by the learned I Additional District and Sessions Judge, Dharwad, sitting at Hubli, this criminal petition is filed.
2. The case of the prosecution is that on 06.07.2019 at 7.30 pm, the petitioners were near II cross of Shivasomeshwar Nagar, Hubballi. CW.14-Shridhar @ Prashant was smoking cigarette near the shop of CW.17. CW.14 and deceased Amanulla Badai saw accused No.1. Accused No.1 3 asked them why they are seeing him and beat CW.14 with fist over the face twice. Petitioner Nos.2 and 3 caught hold of him and beat by hands. Petitioner No.1 threatened him saying that F ªÀÄUÀ£ÀzÀÄ §ºÀ¼À DUÉÊw EªÀvÀÄÛ ªÀÄÄV¹AiÉÄà ©qÀÄvÉÛÃªÉ and tried to stab with a knife. CW-14 sustained injury over left hand when he protested, otherwise, he could have sustained injury over the neck. The deceased tried to pacify the quarrel and the deceased stabbed petitioner No.1 with a knife. Thereafter, CW-14 and deceased escaped. All the accused came inside the house of the complainant and accused No.4-Rudresh told the complainant that her son has assaulted petitioner No.1 and have given threat to life of complainat's son and used abusive language and all the accused together assaulted the complainant in the house by damaging TV and table fan and has thrown the said 4 articles and damaged completely and during the said scuffle, son of the complainant was killed.
3. Aggrieved by the illegal act of the petitioners, the complainant filed a complaint against the petitioners for the offences punishable under Sections 114, 143, 201, 323, 324, 302, 307, 326, 341, 427, 452 and 504 read with Section 149 of the Indian Penal C0de (hereinafter referred to as the 'IPC', for short) in Crime No.34 of 2019 before Kasabapeth Police Station. The petitioners were arrested on 08.07.2019 and remanded to judicial custody. The investigating officer has filed charge sheet on 27.09.2019. The petitioners filed bail application. The trial Court rejected the said application vide order dated 28.10.2019. The petitioners aggrieved by the order filed this criminal petition.
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4. Heard the learned counsel for the petitioners and learned Government Pleader and perused the records.
5. In the present case, the petitioners have lodged a criminal case against the complainant which is registered as Crime No.35 of 2019 on 08.07.2019. In the said incident, the petitioners have also sustained injuries and were admitted in KIMS hospital, Hubli. He has produced wound certificate to show that the petitioners have also sustained grievous injuries. Further, he submits that they are ready to abide by the terms and conditions that may be imposed by this Court.
6. Per contra, the learned High Court Government Pleader submits that there is prima facie material against the petitioners and if the petitioners 6 released on bail, they will involve in similar activities and sought for rejection of the petition.
7. It is not in dispute that the complainant lodged a criminal case against the petitioners on 06.07.2019. As a counter blast, accused No.2 Yamanurasab has also lodged a complaint against the complainant Sridhar @ Prashant and deceased which is registered as crime No.35/2019. In the said incident, the petitioners have also sustained injuries and the police have already filed charge sheet and the accused are no more required for investigation. In the complaint filed by the petitioners herein accused Nos.4 and 5 were released on bail. There is case and counter case. From perusal of the records, there is no motive behind the petitioners to commit the offence. It reveals that the alleged incident has occurred on the spur or heat of the moment. To attract the offences, it requires intention, preparation and motive. 7 The petitioners are in custody since from 08.07.2019. The Hon'ble Apex Court held in various decisions that bail is rule jail is exception. Keeping the petitioners in the jail is amounts to pre-trial custody is amounts to violation of life and liberty guaranteed under Article 21 of the Constitution of India. In view of the above discussion, I am inclined to grant the bail.
8. In the above facts and circumstances of the case, in my opinion, the petitioners are entitled to be enlarged on bail. Hence the following order:
The petition is allowed. The petitioners shall be released on bail in connection with crime No.34/2019 pending on the file of the II Additional Civil Judge (Jr.Dn.) & 3rd JMFC Court at Hubballi for the offences punishable under Sections 114, 143, 201, 323, 324, 302, 307, 326, 341, 427, 452, 504 r/w Section 149 of IPC, subject to the following conditions: 8
1. The petitioners shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) each with solvent surety each for the like sum to the satisfaction of the trial Court;
2. The petitioners shall not leave the jurisdiction of the Court without prior permission;
3. The petitioners shall not tamper with the prosecution evidence directly or indirectly; and
4. The petitioners shall be regular in attending the Court. If they remain absent for a single day, under such circumstances, the trial Court is at liberty to cancel the bail.
Sd/-
JUDGE Kmv from para 1 to 4 & mbs