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2015 DIGILAW 1268 (KAR)

Manjunatha v. State of Karnataka

2015-11-23

A.V.CHANDRASHEKARA

body2015
ORDER : A.V. Chandrashekara, J. 1. Heard the learned counsel for the petitioner and the learned Government pleader appearing for the respondent - State. Petitioners in Crl. P. No. 6757/2015 have filed bail application under Section 439 of Cr.P.C. seeking regular bail, whereas the petitioners in Crl. P. No. 6758/2015 have filed anticipatory bail application under Section 438 of Cr.P.C. Both these petitions relate to Crime No. 211/2015 on the file of Manchenahalli Police Station, Gowribidanur Taluk, Chikkaballapur District. 2. The learned Government Pleader has vehemently opposed the bail application on the ground that prima facie case is forthcoming with regard to the murder of one lady by name Yashodha by these accused near their house on the evening of 11.08.2015. Therefore, he submits petitioners in Crl. P. No. 6758/2015 are required for custodial interrogation in regard to serious allegations made against them. Hence, he requests this Court to reject both the bail applications. 3. This case is registered against these petitioners on the basis of the Complainant of one person by name Venkataravanappa on 18.08.2015. He has referred to an original suit being filed against one Venkateshappa relating to land dispute. According to him, all these petitioners formed themselves into an unlawful assembly by holding clubs and stones and committed rioting and assaulted the informant's son with club on his head and Manjunatha with the club on his back. When Yashodha intervened to save them, she was dashed by a vehicle and as a result of the same she sustained severe injuries on her waste and leg. She was removed to hospital immediately and on the advice of the doctor she was shifted to Nimhans Hospital, Bengaluru and then to Victoria Hospital. She died on 18.08.2015 at Victoria Hospital. 4. Perused the records. 5. As could be seen from the records furnished by the learned counsel for petitioners the suit is filed by one Avalakondarayappa against Venkateshappa in OS No. 176/2012 before the Senior Civil Judge at Chikkaballapur relating to the land bearing Sy. No. 102/2 measuring 6 acres 28 guntas and 38 guntas kharab situated at Doddamallekare Village, Gowribidanur Taluk. A case came to be registered against 5 persons inclusive of Manjunath in Cr. No. 202/2015 dated 12.08.2015 relating to the same incident. The offences alleged against those persons are punishable under Sections 143, 147, 149, 323, 324, 504 & 506 r/w. Section 149 of IPC. A case came to be registered against 5 persons inclusive of Manjunath in Cr. No. 202/2015 dated 12.08.2015 relating to the same incident. The offences alleged against those persons are punishable under Sections 143, 147, 149, 323, 324, 504 & 506 r/w. Section 149 of IPC. Who was the actual aggressor will have to be ascertained after the trial. Case came to be registered against these petitioners only after the death of Yashodha. The PM report of Yashodha discloses that cause of death was due to Septicemia as a result of peritonitis due to hallow viscous perforation consequent upon blunt trauma abdomen. The entire investigation is completed and charge-sheet is filed. There are no criminal antecedents against the petitioners. They are permanent residents of a village in Gowribidanur Taluk having deep roots in the community. The petitioners undertake to abide by any conditions that may be imposed by this court while granting the bail. Thus, the apprehension of the learned Government Pleader could be met with by imposing suitable conditions. Accordingly, the following: ORDER Bail applications are allowed. Petitioners accused in Crl. P. No. 6757/2015 are ordered to be released on bail on each of them 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 and petitioners in Crl. P. No. 6758/2015 shall be released on anticipatory bail in the event of their arrest in Cr. No. 211/2015 of the respondent Police on each of them executing 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. subject to the following conditions: 1. The petitioners shall not hold out threats to the prosecution witnesses and shall not try to lure them in any manner; 2. They shall not involve themselves in any criminal activities; 3. They shall attend the concerned, court on all the dates of hearing without fail. 4. They shall mark his attendance before the jurisdictional police once in a week on every Sunday between 9 a.m. to 5 p.m. till the completion of the case, without fail. 5. It is made clear that if they do not comply with any one of the conditions imposed on him, the prosecution is at liberty to seek cancellation of the bail. 6. The petitioners in Crl. 5. It is made clear that if they do not comply with any one of the conditions imposed on him, the prosecution is at liberty to seek cancellation of the bail. 6. The petitioners in Crl. P. No. 6758/2015 shall surrender before the I.O. on or before 07.12.2015 and shall co-operate with the I.O. in conducting further investigation.