Karnataka High Court
Mithun @ Maruti S/O. Shivaji Kalkundri vs The State Of Karnataka on 15 June, 2021
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 15 T H DAY OF JUNE 2021
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO.101028/2021
BETWEEN
MITHUN @ MARUT I
S/O. SHIVAJI KA LKUNDRI
AGE. 28 YEARS , OCC. MASON
R/O.CHANDGAD
TQ AND DIST . BELAGAVI
...PETITIONER
(BY SRI.NAGA RATHNA S PATTAR, AD V.)
AND
THE STATE OF KARNATAKA
THROUGH THE P S I MARIHAL
R/BY STATE PUBLI C PROSECUTOR
HIGH COURT BENCH, D HARWAD
...RESPONDENT
(BY SRI.RAMESH B. CHIGARI , HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C., PRAYED THAT BY ALLOWI NG THIS PETITION
THE PETITION ER / ACCUS ED MAY PLEASE BE
RELEASED ON BAIL IN MARIHAL RURAL PS CRIME
NO.96/ 2020 ON 19/10/2020 AT 16.30 HOURS FOR THE
OFFENCES PUNISHABLE U/S 302 I PC PENDING ON THE
FILE OF X ADDL. DISTRICT AND SESSIONS COURT ,
BELAGAVI IN SESS IONS CAS E NO.266/2020.
2
THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 439 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Crime No.96/2020 of Marihal Rural Police Station, registered for the offence punishable under Section 302 of The Indian Penal Code (hereinafter referred to as the 'IPC', for brevity)(Pending in SC No.266/2020 on the file of X Addl. District and Sessions Judge, Belagavi.)
2. It is the case of the prosecution that one Naguli w/o Shivaji Kalkundri, (mother of petitioner/accused and deceased Krishna) 3 resident of Chandagad has filed the compliant stating that she is having two daughters namely Meera and Manisha and two sons i.e. petitioner/accused Mithun and deceased Krishna. Her husband died 7 years ago and elder son deceased Krishna is serving as self owned Tractor driver and her elder daughter Meera has left her matrimonial house and has been residing in her house. The complainant's son deceased Krishna is drunkard and he used to consume alcohol everyday and the petitioner/accused is younger son of the complainant and he was doing mason work. It is further stated that deceased Krishna in intoxication condition used to quarrel daily with complainant and the petitioner/accused and therefore, some elderly persons had advised him not to do so. The elder sister Meera used 4 to pacify the quarrel between petitioner/accused and the deceased Krishna. It is further stated that on 18.10.2020 in the night when the complainant and her daughter Meera and petitioner/accused after taking dinner were about to sleep at that time deceased Krishna came to the house by consuming alcohol, in an intoxication condition and started abusing in vulgar language at the complainant. When the petitioner/accused asked the deceased why is he abusing the complainant at that time, deceased Krishna started abusing the petitioner/accused in vulgar language and started quarreling with the petitioner/accused. When the daughter of complainant i.e. Meera tried to separate the quarrel at that time the younger son of the complainant who is the petitioner herein took 5 one Tommy iron ring pana and with an intention to commit murder alleged to have assaulted on the head, forehead and near right ear. Deceased Krishna fell down unconscious having bleeding injuries from the head. At that time the complainant made hue and cry, hearing the same the neighbors and nearby people came running to the house of complainant and saw the deceased Krishna who was lying on the floor. On seeing those persons, the petitioner/accused ran away holding tommy iron ring pana. The said incident occurred at 11 p.m and thereafter, complainant took the deceased Krishna in private vehicle to Hospital and on the way deceased Krishna died. The said complaint came to be registered in Crime No.96/2020 of Marihal Rural Police Station for the offence 6 punishable under Section 302 of IPC against the petitioner/accused. The petitioner/accused came to be arrested on 20.10.2020. The petitioner at the Crime stage has filed Crl.Misc.No.1703/2020 seeking bail and the same came to be rejected by II Addl. District and Sessions Judge, Belagavi by order dated 04.10.2020. The Investigating Officer after completing investigation has filed the charge sheet and the said case has been committed and pending in SC No.266/2020 on the file of X Addl. District and Sessions Court, Belagavi. After filing charge sheet, again petitioner filed Crl.Misc.50/2021 seeking bail and the same came to be rejected by X Addl. District and Sessions Judge, Belagavi by order dated 23.01.2021. Therefore, the petitioner is before this Court seeking bail.
7
3. Heard the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader for the respondent- State.
4. It is the contention of the learned counsel for the petitioner that the petitioner/accused is innocent, he has not committed any offence as alleged against him and he has been falsely implicated in the case. The deceased was a drunkard and used to quarrel with people under intoxication condition. The Investigating Officer has completed investigation and has filed charge sheet and therefore petitioner is not required for any custodial interrogation. There are no criminal antecedents of the petitioner/accused and petitioner is ready to abide by the conditions to be imposed by this Court and 8 furnish surety. With this, she prayed for allowing the petition.
5. Per contra, learned High Court Government Pleader contended that the offence alleged against the petitioner is heinous offence punishable with death or imprisonment for life. The serious specific overt act alleged against the petitioner/accused is that he has assaulted with iron ring pana (tommy) on the head, forehead and near to right ear. The doctor who conducted postmortem examination has opined that the death of the deceased is due to shock and hemorrhage as a result of injury to multiple organs sustained by blunt force impact. The iron ring pana and blood stained shirt have been recovered at the instance of petitioner/accused from the backside of his house from the haystack. The 9 complainant who is the mother and CW-10 who is elder sister of the petitioner/accused are eye witnesses to the incident and if petitioner is released on bail, he will threaten them. CW-11 to 13 are witnesses who came hearing the sound cry came to the spot and saw the deceased lying on the ground and accused standing holding the blood stained iron ring pana. If the petitioner/accused is granted bail, he will tamper the prosecution witnesses and flee from justice. With this, he prayed to dismiss the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the charge sheet records.
10
7. The deceased Krishna was the brother of the petitioner/accused and he was a drunkard and used to come drunk everyday and used to quarrel with his mother and brother. One Meera sister of petitioner and the deceased was also residing with them. She and other elders in the village have advised the deceased not to consume alcohol and not to quarrel with his family members. Inspite of that he has not stopped the same. Iron ring pana and blood stained shirt has been recovered at the instance of the petitioner/accused from the backside of his house hidden in haystack. As charge sheet has already filed, petitioner/accused is not required for custodial interrogation. There are no criminal antecedents of the petitioner/accused. 11 The main objection of the prosecution is that in the event of granting bail, the petitioner is likely to cause threat to the complainant and other prosecution witnesses. The said objection may be set right by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 439 of Cr.P.C. is allowed. Consequently, the petitioner shall be released on bail in Crime 12 No.96/2020(SC No.266/2020 on the file of X Addl. District and Sessions Judge, Belagavi) of Marihal Rural Police Station subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the jurisdictional Court. Due to COVID-19, the petitioner is permitted to furnish surety within two months. If circumstances arise, the jurisdictional Court is permitted to extend the period for furnishing surety.
ii) The petitioner shall not indulge in tampering the prosecution witnesses. 13
iii) The petitioner shall attend the Court on all dates of hearing unless exempted and co-operate in speedy disposal of the case.
Sd/-
JUDGE HMB