Research › Search › Judgment

Karnataka High Court · body

2020 DIGILAW 1650 (KAR)

Sarojamma v. State Of Karnataka

2020-09-02

K.NATARAJAN

body2020
JUDGMENT K. Natarajan, J. - The petitioners in Criminal Petition No.3610 of 2020 are accused Nos.2 and 4 and the petitioners in Criminal Petition No.3713 of 2020 are accused Nos.1, 3 and 5 have filed these petitions under Section 438 of the Cr.P.C. for granting anticipatory bail in Crime No.71 of 2020 registered by the Kallambella Police Station, Sira, Tumakuru District, for the offences punishable under Section 307 read with Section149 of the Indian Penal Code (for short, 'the IPC'). 2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State. 3. The case of the prosecution is that, on the complaint of one Manjula, the respondent-Police registered a case against the petitioners on 12-7-2020. It is alleged by the informant that on 12-7-2020, when she was sleeping in the house, her husband-Rajanna slept outside the house, at that time, somebody dumped the stone on his head. After hearing the noise, she came out from the house and saw some persons running away from the spot. Immediately, she alerted her uncle and one Chethan and they shifted the injured to the NIMHANS, Bengaluru. Thereafter, she lodged the complaint to the Police against these petitioners. After registering the case, the Police are making hectic efforts to arrest these petitioners. They moved the bail petition before the Sessions Judge, which came to be rejected. Hence, these petitions. 4. Learned counsel for the petitioners has contended that complaint is very bald. The alleged offences are committed in the night hours. The complainant came out from the house after hearing the noise and with the help of her relatives, the injured was shifted to the Hospital. Later, she lodged a complaint by naming these petitioners, which is unbelievable. There is delay in lodging the complaint. That apart, the injured has been discharged from the Hospital. Petitioners have been falsely implicated by the complainant. Some of the petitioners are women. Petitioners are ready to abide by any condition to be imposed by this Court. Hence, he prayed for allowing the petitions. 5. Learned High Court Government Pleader has objected the bail petitions and contended that the petitioners have attempted to commit the murder by dumping the stone on the injured due to previous financial dispute between them. If the petitioners are granted bail, they may abscond and tamper with the prosecution witnesses. Hence, he prayed for allowing the petitions. 5. Learned High Court Government Pleader has objected the bail petitions and contended that the petitioners have attempted to commit the murder by dumping the stone on the injured due to previous financial dispute between them. If the petitioners are granted bail, they may abscond and tamper with the prosecution witnesses. Hence, he prayed for dismissing the petitions. 6. Upon hearing the arguments and on perusal of the complaint as well as the statement of the injured goes to show that on 12-7-2020 at 1:00 a.m., when the injured- Rajanna was sleeping in front of his house, some persons came and dumped stone on his head and ran away. Subsequently, after shifting the injured to the Hospital, the wife-complainant named the petitioners. The injured has also not clearly stated which of the petitioners came and dumped the stone on his head. There may be chances of naming the petitioners due to previous financial dispute between them. However, the matter is still under investigation. The alleged incident is not punishable with death or imprisonment for life. The injured is discharged from the Hospital. Accused Nos.2 and 4 are women and accused No.1 is aged 60 years. The petitioners belong to same family. Therefore, by considering the facts and circumstances of the case, if bail is granted to the petitioners by imposing certain conditions, no prejudice would be caused to the prosecution case. Accordingly, I proceed to pass the following O R D E R Petitions are allowed . The respondent-Kallambella Police Station, Sira, Tumakuru District, is directed to release the petitionersaccused Nos.1 to 5 on bail in the event of their arrest in Crime No.71 of 2020 for the offences punishable under Section 307 read with Section 149 of the IPC, subject to the following conditions: i. Petitioners shall execute a personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) each with a surety for the likesum to the satisfaction of the Investigation Officer; ii. Petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order; iii. Petitioners shall not indulge in any similar offences; iv. Petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order; iii. Petitioners shall not indulge in any similar offences; iv. Petitioners shall not tamper with the prosecution witnesses directly or indirectly; v. Petitioners shall be in deemed custody for the purpose of any recovery under Section 27 of the Indian Evidence Act, 1872; and vi. Petitioners shall appear before the Investigating Officer as and when called for the purpose of investigation.