Karnataka High Court
Prakash S/O Devappa vs State Of Karnataka on 18 July, 2022
Author: K. Natarajan
Bench: K. Natarajan
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18TH DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO. 101889 OF 2022
BETWEEN:
1. PRAKASH S/O. DEVAPPA
AGE: 32 YEARS, OCC: AGRICULTURIST,
2. RANUKARAJ S/O. LAKKAPPA
AGE: 28 YEARS, OCC: AGRICULTURIST,
3. SANDEEP S/O. MANJAPPA
AGE: 28 YEARS, OCC: AGRICULTURIST,
ALL ARE R/O. MACHHALLI KORACHARAHATTI VILLAGE,
HARAPANAHALLI TALUK,
VIJAYANAGARA DISTRICT - 583131.
... PETITIONERS
(BY SRI. SHRINIVAS B. NAIK, ADV.)
AND:
STATE OF KARNATAKA
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
2
DHARWAD BENCH,
THROUGH KUDILGI POLICE STATION,
DISTRICT VIJAYNAGAR - 580011.
... RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C. SEEKING TO GRANT ANTICIPATORY BAIL TO THE
PETITIONERS/ACCUSED NOS.1 TO 3 IN THE EVENT OF THEIR ARREST IN
CRIME NO.125/2022 OF KUDLIGI POLICE STATION REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 109, 506, 504, 355, 306 AND
323 READ WITH SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
This criminal petition is filed by the petitioners-accused Nos.1 to 3 under Section 438 of Cr.P.C. seeking for grant of anticipatory bail in Crime No.125/2022 registered by Kudligi Police Station for the offences punishable under Sections 109, 506, 504, 355, 306 and 323 read with Section 34 of Indian Penal Code (for short 'IPC').
3
2. Heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
3. The case of the prosecution is that on the complaint of one Rudrappa the brother of the deceased filed the complaint before the Police alleging that his brother Gangadhar said to be abducted a minor girl belongs to the daughter of Venkatesh on 22.05.2022, subsequently the complainant and his wife along with the others traced the deceased-Gangadhar and hand over the minor girl to her parents. Subsequently, the father of the victim girl and these petitioners being friends have said to be threatened the deceased with dire consequences that he should go and die otherwise they will commit his murder. That on 23.05.2022 at about 5.00 p.m. the brother of the complainant said to be consumed poison and intimate to his sister-Roja. Thereafter, he shifted to the hospital where he succumbed on 01.06.2022. After registering the case, the Police make an effective efforts to arrest these petitioners, hence they approached before the Sessions Court 4 for grant of bail, which came to be rejected. Therefore, they are before this Court.
4. The learned counsel for the petitioners contended that the petitioners are innocent of the alleged offences. There are no grounds for abating the deceased or commission of suicide. The deceased abducted the minor daughter of the Venkatesh aged about 13 years, therefore he lodged the complaint against the deceased which is registered in Crime No.76/2022 by Thoranagal Police Station, Ballari and the accused was arrested. The commission of suicide by the deceased is not in dispute. Therefore, he prayed for grant of bail.
5. Per contra, the learned High Court Government Pleader has seriously objected the bail petition and prayed for rejection of the petition.
6. Having heard the arguments of both the counsel and perused the records.
7. On perusal of the records, it reveals that of course the deceased was accused in Crime No.76/2022, a case registered 5 against him for the offence punishable under Section 363 of IPC. The deceased said to have released on bail, therefore these petitioners and the father of the victim girl (accused No.4) threatened the deceased with dire consequences therefore he has committed suicide.
8. Considering the facts and circumstances of the case, though the alleged offences are non bailable in nature but not punishable with death or imprisonment for life and the matter is required for detailed investigation about the abatement to the death of the deceased. Therefore, at this stage it cannot be said that these petitioners are the reason for abatement of committing suicide by the deceased. The deceased was accused in criminal case for abduction of minor girl aged about 13 years. Therefore, by imposing certain conditions if bail is granted to these petitioners, no prejudice will be caused to the case of the prosecution. Accordingly, I proceed to pass the following order:
9. The Criminal petition is allowed. The respondent-Police is directed to release the petitioners/accused Nos.1 to3 on bail in the event of their arrest in Crime No.125/2022 for the offences 6 punishable under Sections 109, 506, 504, 355, 306 and 323 read with Section 34 of IPC, subject to the following conditions:
i. The petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum to the satisfaction of the I.O.
ii. The petitioners shall surrender themselves before the I.O. within fifteen days from the date of receipt of a copy of this order.
iii. The petitioners shall not indulge in similar offence.
iv. The petitioners shall not tamper the prosecution witnesses directly or indirectly.
v. The petitioners are deemed to be in custody for any recovery under Section 27 of the Indian Evidence Act.
vi. The petitioners shall appear before I.O. as and when called for, for the purpose of further investigation.7
If any of the condition is violated, the prosecution is at liberty to move an application for cancellation of bail.
Sd/-
JUDGE SMM