Prakash S/o Chandu Rajput v. State of Karnataka Represented by Addl. SPP Kalaburagi Bench (Through Vijayapur Rural Police Station Dist. Vijayapur)
2017-02-07
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioner/accused No.5 under Section 439 of Cr.P.C., seeking regular bail in Crime No. 205/2016 of Vijayapur Rural Police Station, registered for the offences punishable under Sections 143, 147, 148, 302, 506 read with Section 149 of IPC. 2. Brief facts leading to filing of the complaint are that, houses of the complainant and the accused were opposite to each other in a same street. Accused No.2Kisan, about 2 years ago had taken Rs.5,00,000/- from the deceased Chandrashekhar, the father of the complainant Pankaj. The deceased Chandrashekhar was demanding the accused persons to repay the aforesaid amount of Rs.5,00,000/-. Hence the accused were angry on Chandrashekhar and threatened to kill him. On 07.07.2016 around 6:00 p.m., while the complainant, his deceased father Chandrashekhar and complainant’s mother were in front of their house, Akash son of the accused No.2 Kisan called the deceased to their house on the ground that they want to repay the aforesaid amount. Therefore, the deceased Chandrashekhar entered into the house of the accused No.2Kisan, wherein the remaining accused Nos.3 to 6 were also present in their house. The complainant and his mother also followed the deceased Chandrashekhar and entered into the house of the accused. It is alleged that when the deceased entered into the house of the accused, as aforesaid, accused No.6 threw the Chilly powder in the eyes of the deceased Chandrashekhar. Accused No.2Kisan, accused No.3 Prakash Chavan and accused No.4Mithun tightly caught hold the deceased Chandrashekhar, whereas Akash son of the accused No.2 and accused No.6 assaulted on the head and other parts of body of the Chandrashekhar with chopper, whereas the accused No.5Prakash Rathod, relative of the accused persons stabbed over chest, stomach and all over body of Chandrashekhar with Jambe, caused grievous injuries to the deceased Chandrashekhar. 3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent State. 4. The learned counsel for the petitioner submitted that the remaining accused persons have been already released on bail. Accused No.1, who has also assaulted the deceased has been granted the bail under section 167(2) of Cr.P.C. He has also submitted that already investigation has been completed, therefore, the petitioner is not required for further interrogation or investigation.
4. The learned counsel for the petitioner submitted that the remaining accused persons have been already released on bail. Accused No.1, who has also assaulted the deceased has been granted the bail under section 167(2) of Cr.P.C. He has also submitted that already investigation has been completed, therefore, the petitioner is not required for further interrogation or investigation. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he pray for allowing the petition. 5. Per contra, learned High Court Government Pleader appearing for the respondent State submitted that there is serious overtact against the petitioner that he has assaulted the deceased with Jambe and caused grievous injuries and as a result of the same, deceased has succumbed to the said injuries. He further submitted that the offences levelled against the petitioner are punishable with death or imprisonment for life. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and the other material produced along with the petition. 7. There are eyewitnesses to the alleged incident. Even on perusal of the complaint, it indicates that there are no serious overtacts against the other accused persons, who have been already released on bail. But, so far as the petitioner is concerned, when the deceased entered the house, accused No.6 pored the chilli powder and that time accused No.5, the present petitioner stabbed over the chest and other parts of the body of the deceased with Jambe and caused the grievous injuries. Even the Post Mortem report also indicates that examination of the body of the deceased indicates that the deceased has sustained 26 external injuries. So far as the cause of death is concerned, it is also stated that the death is due to hemorrhage and shock as a result of multiple injuries sustained by the deceased. The opinion of the doctor is that the death is because of injuries sustained by the deceased. Keeping in view the above said facts and circumstances of the case, I am of the considered view that it is the petitioner who has caused as many as 26 external injuries and the deceased has died because of the said injuries.
The opinion of the doctor is that the death is because of injuries sustained by the deceased. Keeping in view the above said facts and circumstances of the case, I am of the considered view that it is the petitioner who has caused as many as 26 external injuries and the deceased has died because of the said injuries. When there are direct overtacts against the petitioner and there are eyewitnesses to the alleged incident, under such circumstances, the petitioner will not be standing on the same footing as that of the other accused persons. If accused No.1 has been released on bail under Section 167(2) of Cr.P.C., it is the statutory bail and it will not be having any impact on the bail application filed by this petitioner. Keeping in view the above said facts and circumstances of the case, I am of the considered opinion that the petitioner has not made out any good grounds to release him on bail. Accordingly, petition is dismissed.