Karnataka High Court
Chandrashekhar And Anr vs The State on 12 February, 2020
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF FEBRUARY, 2020
BEFORE
THE HON'BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION NO.200006/2020
Between:
1. Chandrashekhar S/o Somanagouda
Benakappagol
Aged about: 27 years, Occ: Agriculture
2. Appashebagouda S/o Goudappagouda
Benakappagol
Aged about: 46 years, Occ: Agriculture
Both are R/O Vandaganur Village
Tq: Shorapur, Dist: Yadgiri-584101
... Petitioners
(By Sri Shivakumar Mali Patil, Advocate)
And:
The State of Kembhavi P.S
Tq: Surpur, Dist: Yadgir
Represented S.P.P
High Court of Karnataka
Kalaburagi Bench-585107
... Respondent
(By Sri P.S.Patil, HCGP )
Crl.P.No.200006/2020
2
This criminal petition is filed under section 439 of
Cr.P.C. praying to allow the petition and release the
accused petitioners on bail for the offences
U/S143,147,148,323,324,504,506,307 R/w section 149 of
Indian Penal Code in crime No.103/2019 of Khembavi P.S
pending in Senior Civil Judge & JMFC at Shorapur.
This petition coming on for orders this day, the Court
made the following:
ORDER
The petitioner has sought for regular bail under section 439 of Code of Criminal Procedure, 1973 in Crime No.103/2019 of Kembhavi Police Station, registered for the offences punishable under sections 143, 147, 148, 323, 324, 307, 504, 506 read with section 149 of Indian Penal Code, 1860 (hereinafter for brevity referred to as 'IPC').
2. The complainant in the case is said to be the elder brother of the alleged injured Bhimanagouda. According to the complainant, on 15.09.2019 at about 8.30 a.m., the present petitioners joined by remaining three accused, forming an unlawful assembly, went to Crl.P.No.200006/2020 3 a place called Mouneshwar temple in Vandaganur village where the injured Bhimanagouda was sitting along with his brothers including the complainant and accusing the injured that he is not facilitating the water in their lands, the accused telling that they would take away his life, assaulted Bhimanagouda with stone, hands and iron rod, causing injuries to him. Thus, a complaint in respondent station Crime No.103/2019 for the offences punishable under sections 143, 147, 148, 323, 324, 307, 504, 506 read with section 149 of IPC was registered against them.
3. The prosecution has opposed the petition by filing its objection.
4. A perusal of the material, at this stage and prima facie would go to show that the alleged incident is said to have taken place during the day light in an open place, that too, in the presence of several other Crl.P.No.200006/2020 4 people. According to the complainant, the accused formed an unlawful assembly and assaulted his brother with an intention to cause his death. However, looking at the circumstance as alleged in the complaint, whether the alleged act of the accused would really attract section 307 of IPC is a factor which requires a detailed consideration in the trial. Further, according to the learned counsel for the petitioners, all the other accused have already been enlarged on bail, which submission is not opposed by the learned High Court Government Pleader.
A perusal of the copy of the wound certificate of the alleged injured, which is placed before me by the learned High Court Government Pleader, would go to show that the injured is said to have sustained a contusion over the right temporal parietal region. The CT scan finding opined that there was no evidence of fracture of skull. An abrasion over left tibia was also Crl.P.No.200006/2020 5 noticed. According to the learned counsel from both side the injured has already been discharged from the hospital after treatment. In the said circumstance, I am of the view that, imposing reasonable conditions, the present petitioners also be enlarged on bail. Accordingly, I proceed to pass the following:
ORDER The Criminal Petition is allowed. The petitioners, namely Chandrashekhar S/o Somanagouda Benakappagol and Appashebagouda S/o Goudappagouda Benakappagol be enlarged on bail in Crime No.103/2019 of Kembhavi Police Station for the offences punishable under sections 143, 147, 148, 323, 324, 307, 504, 506 read with section 149 of Indian Penal Code, subject to the following conditions that:
(i) Each of the accused/petitioners shall execute a personal bond for a sum of `40,000/- with two sureties Crl.P.No.200006/2020 6 for the likesum to the satisfaction of the enlarging Court.
(ii) No one can offer his surety in case if he has already extended surety to any other accused in this crime.
(iii) The accused/petitioners to give in writing about the change in their address, if any, to the Investigating Officer as and when such change occurs and obtain acknowledgement in that regard.
(iv) The accused/petitioners shall appear before the Court on all the dates of hearing.
(v) The accused/petitioners shall not hamper or tamper the prosecution witnesses and documents in any manner.
Sd/-
JUDGE swk