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2020 DIGILAW 2161 (KAR)

Yogish Samagara v. State Of Karnataka

2020-11-03

B.A.PATIL

body2020
JUDGMENT B.A.Patil, J. - The present petition is filed by accused Nos.1 and 2 under Section 439 of Cr.P.C. praying to release them on bail in Crime No.13/2020 of Belthangady Police Station for the offences punishable under Sections 302, 504 r/w. Section 34 of IPC. 2. I have heard Sri Sachin B.S., learned counsel for the petitioners-accused Nos.1 and 2 virtually and Sri Mahesh Shetty, the learned HCGP for the respondent- State. 3. The gist of the complaint is that on 9.2.2020 in between 9.30 p.m. and 9.45 p.m., the accused persons blocked the way to the house of the complainant by cement blocks and restrained the complainant and his family members. When they questioned accused Nos.1 and 2 they picked up quarrel and abused them in filthy language. They also assaulted them with iron rods. At that time, accused No.1 went inside the house, brought a knife and caused injury on the neck of the deceased, as a result of the same, deceased sustained injuries and died on 10.2.2020. On the basis of the complaint, a case has been registered. 4. It is the submission of the learned counsel for the petitioners that because of some civil disputes, a false complaint has been filed. It is his further submission that the petitioners-accused are not having any criminal antecedents, already investigation has been completed and charge sheet has been filed. The petitioners-accused are not required for the purpose of further interrogation or investigation. It is his further submission that the petitioners are not the persons to abscond. The only allegation which has been made as against the petitioner No.2-accused No.2 is that he has assaulted the deceased with iron rod, but the PM report indicates that the deceased died due to hemorrhage secondary to sharp force trauma sustained to the chest on left side. There are no grievous injuries caused by the petitioners. It is his further submission that the petitioners are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition. 5. There are no grievous injuries caused by the petitioners. It is his further submission that the petitioners are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition. 5. Per contra, the learned HCGP has vehemently argued and submitted that the petitioners-accused Nos.1 and 2 in the first instance assaulted with iron rod and caused the injuries to the deceased and subsequently it is accused No.1 who went inside the house and brought the knife and stabbed the deceased as a result of which he died. The petitioners have been involved in a serious offence which is punishable with death or imprisonment for life. On these grounds, he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records. 7. On close reading of the contents of the complaint and the charge sheet material it indicates that at the first instance, accused Nos.1 and 2 have assaulted with iron rod and subsequently it is accused No.1 who went inside the house and brought the knife and assaulted on the neck of the deceased. Even the PM report indicates that the deceased died due to hemorrhage secondary to sharp force trauma sustained to the chest on left side. It indicates that the death of the deceased is only because of the stab injury caused by accused No.1 with knife. The knife has also been recovered from the possession of accused No.1. 8. Taking into consideration the factual matrix of the case, accused No.1-petitioner No.1 herein has not made out any case to release him on bail. In so far as accused No.2-petitioner No.2 is concerned, no serious allegations have been made as against him. In that light, he is entitled to be released on bail. Accordingly, petition filed by accused No.1/ petitioner No.1- Yogish Samagara is dismissed. Petition filed by accused No.2/petitioner No.2- Jeevan is allowed. Accused No.2-petitioner No.2 herein is enlarged on bail in Crime No.13/2020 of Belthangady Police Station for the offences punishable under Sections 302, 504 r/w. Section 34 of IPC, subject to the following conditions:- i) Accused No.2/petitioner No.2-Jeevan shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court. ii) He shall be regular in appearing before the trial Court till the trial is completed. iii) He shall not tamper with the prosecution evidence in any manner. iv) He shall mark his attendance before the jurisdictional police once in a month between 10.00 a.m. and 5.00 p.m. till the trial is concluded. v) He shall not leave the jurisdiction of the trial Court without prior permission. vi) He shall not indulge in similar type of criminal activities . vii) If he violates any one of the conditions, the bail is liable to be cancelled. Accordingly, petition is partly allowed.