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2018 DIGILAW 339 (KAR)

Prabhu v. State of Karnataka by Bhadravathi Rural Police Station, Represented by Public Prosecutor, Bengaluru

2018-03-08

SREENIVAS HARISH KUMAR

body2018
JUDGMENT : 1. Heard the petitioners' counsel and the learned HCGP for respondent-State. 2. This petition is under Section 439 of Cr.P.C. The petitioners have been arrested by the respondent - police in connection with Crime No.31/2018 registered for the offences punishable under Sections 506, 341, 504, 307 read with Section 34 of IPC. 3. Today the learned counsel for the petitioners files a memo stating that petitioner No.2 died in the prison. 4. Memo is placed on record. Because of death of petitioner No.2, petition insofar as petitioner No.2 is concerned, does not survive. 5. The complaint was made by one Ravikumar stating that the deceased petitioner No.2-Mudalagiri Gowda, was cultivating 10 acres of land. The complainant's grandfather made a Will in respect of 2 acres of land out of 10 acres in the name of his wife. In this regard, there was a dispute. On 30.01.2018 at about 8.00 a.m. when the complainant was going near the house of deceased Mudalagiri Gowda, the latter assaulted him with Machhu. As a result he sustained bleeding injury on his left rib. Thereafter, petitioner No.1-Prabhu also assaulted him with Machhu on the head. Complaint in this regard was registered in Crime No.31/2018 for the offences punishable under Section 506, 341, 504, 307 read with 34 of IPC. 6. Learned counsel for the petitioners submits that injured has been discharged from the hospital and injury sustained by him is simple in nature. Though investigation is not completed, it appears that entire incident might have taken place in the background of land dispute. Counter complaint was also registered. Therefore, in these circumstances, petitioner No.1 can be released on bail. 7. Learned HCGP opposes for grant of bail. 8. Having heard both sides, I am of the opinion that the entire incident appears to have taken place in the background of land dispute. Whether the petitioner No.1 had the motive for making an attempt on the life of complainant, is a matter of proof. At this stage, I am of the opinion that the petitioner No.1 can be admitted to bail by subjecting him to certain conditions. Hence, the following: ORDER i. Petition is allowed. ii. Whether the petitioner No.1 had the motive for making an attempt on the life of complainant, is a matter of proof. At this stage, I am of the opinion that the petitioner No.1 can be admitted to bail by subjecting him to certain conditions. Hence, the following: ORDER i. Petition is allowed. ii. The petitioner No.1 is ordered to be released on bail in connection with Crime No.31/2018 registered by Bhadravathi Rural Police Station, subject to his executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) and furnishing one surety for the like sum to the satisfaction of the jurisdictional Judicial Magistrate. iii. He shall cooperate with the police till investigation is completed. iv. He shall mark his attendance before the police station on any Sunday between 9 a.m. to 12 noon. v. He shall not tamper with the evidence. vi. He shall not directly or indirectly threaten the witnesses.