Karnataka High Court
Shri. Rama S/O Gainu @ Gainuba Karade And ... vs The State Of Karnataka on 28 November, 2013
Author: Huluvadi G.Ramesh
Bench: Huluvadi G.Ramesh
1
IN THE HIGH COURT OF KARNATAKA
GULBARGA BENCH
DATED: THIS THE 28TH DAY OF NOVEMBER, 2013
BEFORE
THE HON'BLE MR.JUSTICE HULUVADI G.RAMESH
CRIMINAL PETITION NO.15938 OF 2013
BETWEEN
1. SHRI RAMA S/O GAINU @ GAINUBA KARADE,
AGED ABOUT: 50 YEARS, OCC: COOLIE,
R/O: SEVALAL NAGAR,
BIJAPUR.
2. SRI JANABAD S/O RAGU MANE,
AGED: 35 YEARS, OCC: AGRICULTURE,
R/O: SIDDAPUR MANEN DODDI,
TQ & DIST: BIJAPUR-586101.
...PETITIONERS
(BY SRI. S.S.MAMADAPUR., ADVOCATE )
AND
THE STATE OF KARNATAKA
THROUGH ADARSH NAGAR POLICE STATION,
BIJAPUR.
...RESPONDENT
(BY SRI. SANJAY.A.PATIL, ADDL.SPP )
THIS CRIMINAL PETITION IS FILED U/S.439 OF
CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN (ADARSH NAGAR PS CR.NO.58/2012) S.C.NO.77/2013
2
ON THE FILE OF THE I ADDL. SESSIONS JUDGE AT
BIJAPUR, WHICH IS REGISTERED FOR THE OFFENCES
P/U/S 324, 307 AND 504 R/W 34 OF IPC.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has sought bail in connection with Crime No.58/2012 of Adarsh Nagar Police Station, Bijapur, for the offence punishable under Sections 324, 307 and 504 r/w 34 of IPC.
2. Heard the learned counsel for the petitioner and the learned Addl. SPP.
3. It is the case of the prosecution that one Savita is the wife of the accused No.1 Rama. Her marriage was performed about two months back and she was about to be sent to the house of her husband after Ganesh Chaturti Festival, but the younger brother of the deceased son by name Manu Barkade had eloped with the said Savita. The family members of Balu Barkade were harassing the family members of accused No.1. It 3 is stated that the accused Nos.1 and 2 have requested the deceased and his family members not to indulge in such harassment. In spite of it, the family members of the deceased continued to harass the family members of the accused No.1. Therefore, the accused Nos.1 and 2 have hatched up a plan to commit the murder of the deceased Balu. On 21.10.2012, when the deceased and his wife Shantabai were returning to their house after grazing their she-buffalo, around 7.00 p.m. the accused Nos.1 and 2 armed with iron rods, attacked the deceased Balu and assaulted him with iron rods. When CW.1 wife of the deceased tried to rescue her husband the accused Nos. 1 and 2 have also assaulted her and thereafter, they left the injured and went away from the place. Thereafter, the injured Balu was shifted to Government Hospital, Bijapur. It is alleged that on the complaint of Shantabai wife of Balu Barakade resident of Sevalal Nagar, Bijapur on 21.10.2012 in connection with the incident alleged to have taken place in the 4 evening, the complaint was filed before the Adarsh Nagar police against the petitioners herein for the alleged offences. The said Balu succumbed to the injuries during the course of treatment.
4. According to the learned counsel for the petitioners, petitioner No.1 assaulted the deceased on the head from iron rod and there is no specific overt act against petitioner No.2. He also submitted that originally the case was registered under Section 307 of IPC. Due to death of the deceased subsequently Section 302 of IPC is added. Accordingly, he has sought grant of bail.
5. According to the learned Addl. SPP, as per the prosecution, CW.1 Shantabai is the alleged eyewitness to the incident. The cause of death is multiple injuries. There are, in all about 21 injuries found on the body of the deceased. There is specific overt act attributed against the petitioners and there is a prima facie case 5 against the accused petitioners. Accordingly, he has sought rejection of bail.
6. The submission of the learned counsel for the petitioners is that the accused and complainant are relatives and in connection with elopement of Savita the daughter of accused No.1, the incident has taken place. When the complainant enquired about the daughter of the accused No.1 both these accused purposely went to the house of the complainant and have quarreled with complainant and her husband and hit with iron rods and both the accused Nos.1 and 2 having abused in filthy language, assaulted from iron rods on the head and the limbs.
7. So far as assault by accused Nos.1 and 2 on the husband of the deceased in connection with elopement of the daughter of the accused No.1 by the son of the brother-in-law of the complainant, whether one of the accused was under provocation or was 6 intending to commit the murder has to be ascertained during trial. However, already charge sheet is filed and the case is committed to sessions. It is for the petitioners to press for early trial, if so advised. Petitioners are at liberty to seek for bail, if there is no progress, after three months.
Petition is disposed of.
Sd/-
JUDGE msr