Karnataka High Court
K Raju @ Kalingappa Raju vs State Of Karnataka on 8 December, 2021
Author: K.Natarajan
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.7283 OF 2021
BETWEEN
1 . K RAJU @ KALINGAPPA RAJU
S/O KALINGEGOWDA
AGED ABOUT 53 YEARS
R/AT 3RD CROSS
RAMAMANIDRA ROAD
OLD KALLAHALLI
MANDYA - 571 401
2 . SANDEEP S
S/O SHIVAMANJU
AGED ABOUT 27 YEARS
R/AT 10TH CROSS
V V NAGARA, KALLAHALLI
MANDYA 571 401
3 . HARSHA S @ HARSHAVARDHANA
S/O SHANKAR
AGED ABOUT 21 YEARS
R/AT 4TH CROSS
V V NAGARA, KALLAHALLI
MANDYA 571 401
4 . CHANDAN @ CHANDANA KUMAR
S/O LATE BASAVARAJU M N
AGED ABOUT 21 YEARS
R/AT 4TH CROSS
V V NAGAR
MANDYA 571 401
2
5 . ABHISHEK S
S/O SHANKAR
AGED ABOUT 24 YEARS
R/AT 4TH CROSS
V V NAGAR, KALLAHALLI
MANDYA 571 401
... PETITIONERS
(BY SRI PARAMESWARAPPA C, ADVOCATE)
AND
STATE OF KARNATAKA
BY MANDYA WEST
POLICE STATION
MANDYA TOWN
MANDYA DISTRICT 571 401
REP BY THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT BENGALURU 560 001
...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.NO.70/2021 OF
MANDYA WEST P.S., MANDYA FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 143, 147, 148, 341, 342, 323, 324, 504,
506, 302, 149, 201 OF IPC AND SECTION 75 OF JUVENILE
JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused Nos.7, 9, 10, 11 and 13 under Section 439 of Cr.P.C., for granting regular bail in Crime No.70/2021 registered by 3 Mandya West Police Station, Mandya District for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302, 201 read with Section 149 of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
2. Heard the arguments of learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that the complainant-Delipa Kumar who is the nephew of the deceased has filed a complaint to the Police on 15.04.2021 alleging that the deceased-Dharshan and the daughter of accused Nos.1 and 2 i.e., CW.2-Manvitha fell in love. On the date of incident, when the accused persons were all in their house, CW.2 said to be invited the deceased- Dharshan to her house and when both of them were staying together in the mid night, it came to the knowledge of accused No.1 and his family members. The accused persons said to be assaulted the deceased. 4 Accused No.1 assaulted with wooden club and caused injuries. Accused Nos.7 and 13 shifted the deceased to the hospital and the parents of the deceased followed them. The Medical Officers at the District Hospital, Mandya had advised the parents of the deceased to take him to NIMHANS, Bengaluru for further treatment and due to the assault, he succumbed to the injuries. After registering the case, on the same day, the Police arrested the accused persons and remanded to the judicial custody. Their bail petition came be rejected by the learned Sessions Judge. Hence, they are before this Court.
4. Having heard the arguments and on perusal of the records which reveals that of course, the statement of CW.2 who is the lover of the deceased and statement of CWs.3 and 4, the parents of the deceased reveals that on the date of incident, CW.2 herself had invited the deceased to their house in the mid night and when he came to the house, they both locked the door and stayed in the room and the same came to the knowledge of the parents of 5 CW.2 and accused No.1 said to be searched inside the room, they found that the deceased was in naked position hiding below the cot. Then accused No.1 assaulted the deceased with wooden club and all other accused were assaulted with their hands and kicked with their legs. The investigation is completed and charge-sheet has been filed. The main allegation goes against accused No.1 who has assaulted the deceased with wooden club and committed murder and the other accused assaulted with their hands and kicked with their legs. Accused Nos.7 and 13 are said to be shifted the injured to the hospital. Therefore, by looking to the facts and circumstances of the case, though they have assaulted the deceased, but there is no serious overt act attributed against these petitioners. The co-accused Nos.2, 14 to 17 have already been granted bail. Such being the case, by imposing certain conditions, if bail is granted, no prejudice would be caused to the case of the prosecution. Hence, the following ORDER Accordingly, criminal petition is allowed. 6 The Committal Court/Trial Court is directed to release the petitioners-accused Nos. 7, 9, 10, 11 and 13 on bail in Crime No.70/2021 registered by Mandya West Police Station, Mandya District for the offences punishable under Sections 143, 147, 148, 341, 342, 323, 324, 504, 506, 302, 201 read with Section 149 of IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, subject to the following conditions: (i) Petitioners-accused Nos.7, 9, 10, 11
and 13 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh only) each with two sureties for the likesum to the satisfaction of the trial Court/Committal Court;
(ii) Petitioners shall not indulge in similar offences strictly;
(iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly; and 7
(iv) Petitioners shall not leave the jurisdiction without prior permission of the trial Court.
If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.
Sd/-
JUDGE GBB