Sri. G.C. Errappa Reddy vs The State Of Karnataka on 12 March, 2015

[Cites 7, Cited by 1]

Karnataka High Court

Sri. G.C. Errappa Reddy vs The State Of Karnataka on 12 March, 2015

Bench: A.V.Chandrashekara

                       1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

  DATED THIS THE 12TH DAY OF MARCH 2015

                    BEFORE

THE HON'BLE Mr. JUSTICE A.V.CHANDRASHEKARA

              CRL.P. NO.753 OF 2015

BETWEEN:

      SRI. G.C. ERRAPPA REDDY
      S/O CHIKKAPPAIAH,
      AGED ABOUT 50 YEARS,
      R/AT DODDAGANJUR VILLAGE,
      CHINTAMANI TALUK-563 125
                               ... PETITIONER

   (By Sri :   ASHOK HARANAHALLI, SR.
ADVOCATE, FOR SRI SUBRAMANYA R, ADV.)

AND

      THE STATE OF KARNATAKA
      BY CHITAMANI RURAL CIRCLE
      POLICE STATION
      CHIKKABALLAPUR- 563125,
      REP BY PUBLIC
      PROSECUTOR
                              ... RESPONDENT

      (By Sri B.J.ESHWARAPPA, HCGP)

                       ***
                             2




      CRL.P FILED U/S.439 CR.P.C BY THE
ADVOCATE FOR THE PETITIONER PRAYING
THAT THIS HON'BLE COURT MAY BE PLEASED
TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.123/2014 OF CHINTHAMANI RURAL
POLICE STATION, CHIKKABALLAPURA, FOR THE
OFFENCES P/U/S 143,147,148,504,324, 302,149 OF
IPC. THE ADHOC DIST. & SESSIONS JUDGE,
CHINTHAMANI HAS REJECTED THE BAIL
APPLICATION IN CRL.MISC.NO.779/2014 ON
09.1.2015.

    THIS PETITION IS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:-
                        ORDER

Heard the learned counsel for the petitioner and the learned Government pleader appearing for the respondent police.

2. Petitioner is accused No.2 in a case bearing Crime No.123/2014 on the file of Chinthamani Rural Police Station for the offences punishable under Sections 143, 147, 504, 324 and 302 read with 149 of IPC. He is in 3 judicial custody since 11.12.2014. Hence, regular bail application is filed under Section 439 of Cr.P.C.

3. The learned Government Pleader very vehemently opposed the bail application on the ground that this petitioner was member of an unlawful assembly formed at about 1.30PM on 21.03.2014 in Doddaganjur Village of Chinthamani Taluk. It is further argued that this petitioner had assaulted deceased - Nanjappa with club and had also assaulted CW3 - Vijayamma with club on different parts of her body. It is further argued that the petitioner being a person in an unlawful assembly, cannot be driven out of the context of Section 149 of IPC.

4. Perused the records inclusive of order dated 21.11.2014 passed by this court in Crl. P. No. 6957 of 2014 releasing accused No.5 and 6 filed under Section 439 of Cr.P.C.

5. After going through the records it is evident that the statements of the injured witnesses and eye witness have been recorded by the police. Main allegation is against accused No.1 - K.R.Narayanaswamy, who is stated to have assaulted the deceased - Nanjappa with chopper on his head, which is corroborated with medical certificate, wherein it is found that on the head portion of the deceased there is injuries caused by chopper, which is evident from PM report. It is remote point for argument that the assault made by this accused on deceased Nanjappa is the main cause for his death.

6. CW1 and 2 sustained few injuries and even CW3 - Viayamma also sustained injuries and later she was discharged from hospital. The main allegation is against accused No.1 of assaulting the deceased with deadly weapon. The allegation against this petitioner - accused is only that he assaulted with club. Thus the present 5 petitioner be released on bail subject to imposing certain conditions. Hence the following:

ORDER

1. Bail application is allowed. Petitioner is ordered to be released on bail on executing a personal bond for Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction the concerned court.

2. He shall not hold out threats to the prosecution witnesses and shall not try to lure them in any manner.

3. He shall not involve himself in any such kind of activities.

4. He shall mark his attendance before the jurisdictional police once in a month on every second Sunday between 9 AM to 5 PM for a period of six months from the date of his release.

5. He shall attend the Sessions Court regularly on all dates of hearing and shall co-operate with the learned Sessions Judge to hold the trial.

6. It is made clear that if he does not comply with any one of the conditions imposed on him, the prosecution is at liberty to seek cancellation of the bail.

Sd/-

JUDGE VK

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