Karnataka High Court
Adappa vs The State Of Karnataka on 13 December, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF DECEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.201381/2017
BETWEEN:
Adappa S/o Amarappa @ Ambappa,
Age: 31 years, Occ: Agriculture,
R/o Mundaragi Doddi,
Devarabhupur village,
Tq: Lingasugur, Dist: Raichur - 584 101
... Petitioner
(By Sri Mahantesh Patil, Advocate)
AND:
The State of Karnataka
R/by Addl. SPP Kalaburagi Bench
(Through Lingasugur P.S.,
Dist: Raichur) - 584 101
(Sri P.S. Patil, HCGP)
... Respondent
This criminal petition is filed under Section 439
of Cr.P.C. praying to, release the petitioner on bail in
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Crime No.75/2016 of Lingasugur Police Station for
the offences P/U/Sec. 143, 147, 148, 447, 504, 323,
355, 302, 149 of IPC, pending before Prl. Civil Judge
(Jr.Dn) & JMFC Court Lingasugur.
This petition coming on for orders this day, the
court made the following:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - Police.
2. The petition is filed under Section 439 of Cr.P.C. seeking to release the petitioner on bail in Cr.No.75/2016, of Lingasugur Police Station, registered for the offences punishable under Sections 143, 147, 148, 447, 504, 323, 355, 302 and 149 of IPC.
3. The proceedings of order sheet are as under : -
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"Case called A & 4 produced from JC.
A2, 3 A5 to A9 & A11 present.
Sri SGK Adv filed Memo with Medical treatment of A2.
Further produced medical certificate pertaining to....A2, not satisfied.
A2 he is custody. Hence A2 he is Remanded to JC. ........A1, A2 & A4 are taken JC & remanded to JC. HG 29/xi/17."
4. The learned magistrate does not make it clear for what purpose the medical certificates are not satisfactory.
5. The petitioner No.2 is said to be not having proper health, earlier he was released on bail on health ground and surrender before the Court after getting proper treatment to his kidney disease after four months.
6. The substance of the complaint as found in the certified copy of the order passed by the Addl. Sessions Judge, Raichur is as under : - 4
Complainant is residing in house built in the land which is 2 Kms away from the village and he is residing along with his family members. On 25.03.2016 at about 10;00 P.M. when he was in the house one Hanumantha and Tayappa namely accused No.1 and 3 came to his house and asked to provide drinking water. When the mother of the complainant went inside to fetch water both the accused abused her in filthy language as she is causing delay in providing water. When the complainant questioned the accused as to why they are abusing his mother, they abused him and went away stating that they will come back along with others. After some time, the said accused along with other accused Adeppa, Amaresh and ten others came towards his house shouting in loud voice and on hearing their shouting the complainant, his mother and brother went 5 towards Devarabhupur leaving his wife, sister, grand-
mother and father. They returned to house at 4-00 a.m. on the next day and saw that his father died due to assault by the accused. Therefore, the complainant has given the complaint for committing the murder of his father as against the accused. Accordingly, case has been registered by the Lingasugur police station and after investigation, they have submitted charge sheet against the accused.
7. No doubt, the petitioner was enlarged on bail by the learned District Judge on 17.10.2017, is as under :-
"Bail petition filed under Section 439 of Cr.P.C. by the accused No.2 is hereby allowed conditionally on the following conditions:
1. Accused No.2 shall execute Self-bond for Rs.1,00,000/- with two sureties for likesum.
2. He shall not threaten the prosecution witnesses in any manner.6
3. He shall surrender before this court after getting proper treatment to his kidney disease after four months.
4. He shall produce the status report for his treatment on all the hearing dates."
8. The petitioner is not having a proper health. It is also observed in connection with his health in the order as under :-
"As per Institute of Nephro-Urology, Radiologist has given impression that:
1. Both kidneys shows increased cortical echotexture.
2. Right renal multiple calculi,
3. Left small Kidney.
4. Suggest FRT Correlation"
9. On being asked learned High Court Government Pleader would submit that there are no complaints regarding misusing bail order. 7
10. The learned counsel for the petitioner files certain documents regarding medical treatment of the petitioner. It is stated that medical certificates submitted by the petitioner on 17.11.2017 not satisfactory.
11. Regard being had to the fact that the petitioner has been on bail on conditions that he shall surrender before the Court after getting proper treatment to his kidney disease after four months and shall produce the status report for his treatment on all the hearing dates. In the context and circumstances of the case, the petitioner is released on bail subject to same conditions passed by the Addl. Sessions Judge, Raichur, on 17.10.2017 in S.C.No.79/2016.
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12. In view of the observation made by the learned trial Judge, that he was not satisfied with the medical certificates (reasons being not assigned), the petitioner shall produce attested copy of medical certificates duly endorsed by the doctor who issued the certificates.
Sd/-
JUDGE RSP