JENU KURUBARA BOLLA S/O MARI v. STATE OF KARNATAKA REP. BY THE STATION HOUSE OFFICER KUTTA POLICE STATION
2017-02-08
P.S.DINESH KUMAR
body2017
DigiLaw.ai
ORDER : 1. After arguing the matter for some time, learned counsel for the petitioners seeks leave of this Court to withdraw the petition on behalf of petitioner no. 1 and petitioner no. 3. 2. He has also filed a memo and the said memo is placed on record. Hence, the petition on behalf of petitioner no. 1 (Jenu Kurubara Bolla) and Petitioner No. 3 (Jenu Kurubara Dadhu) is dismissed. 3. In support of this petition on behalf the 2nd petitioner, learned counsel for the petitioner submitted that all the three accused have surrendered voluntarily before the learned Magistrate on 19.08.2016. After investigation, police have filed the charge-sheet. The contents of the charge-sheet indicate that the accused were sitting out side their house in front of a camp fire. It is the complainant’s husband who picked up a quarrel with the petitioners. The incident has taken place due to sudden provocation. The second petitioner’s overact is assault on the wrist of the deceased. Adverting to the postmortem report, learned counsel submits that the cause of death is due to injury to the brain and the lungs. With these submissions, he prays for allowing this petition. 4. Learned High Court Government Pleader opposing the petition submits that the 2nd petitioner has also assaulted the deceased and the death is due to cumulative effect. Accordingly, he prays for dismissal of the petition. 5. I have given my careful consideration to the arguments advanced by the learned counsel for the petitioner and learned High Court Government Pleader and perused the complaint and the charge-sheet. 6. The allegation contained in the charge-sheet clearly indicate that the petitioners were sitting out side their house in front of a camp fire. The 1st petitioner has assaulted the victim by a steel pipe and the rd accused has assaulted by fist. Analogous injuries are found in the brain and lungs. The 2nd petitioner has assaulted on the wrist of the petitioner. In view of the medical report that the cause of death is due to injury to the brain and lungs, coupled with the fact that the petitioners have voluntarily surrendered before the Court, in my considered view, this petition merits consideration and deserves to be allowed.
The 2nd petitioner has assaulted on the wrist of the petitioner. In view of the medical report that the cause of death is due to injury to the brain and lungs, coupled with the fact that the petitioners have voluntarily surrendered before the Court, in my considered view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that: (i) The 2nd petitioner shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- with two sureties for the like sum to the satisfaction of the jurisdictional Court; (ii) The 2nd petitioner shall cooperate with the Investigating Officer during the further course of investigation, if any and appear before him as and when called upon; (iii) The 2nd petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer; (iv) The 2nd petitioner shall not involve himself in any criminal activities; (v) If the 2nd petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail. Petition allowed.