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2020 DIGILAW 416 (KAR)

Sharanappa v. State Of Karnataka

2020-02-13

SURAJ GOVINDARAJ

body2020
JUDGMENT 1. The petitioner is before this Court being aggrieved by the order dated 24.12.2019 passed by the Principal District and Sessions Judge, at Koppal in Crl.Misc.No.801/2019 and connected matters, whereby the application filed by the petitioner under Section 438 of Cr.P.C., came to be rejected. 2. The case of the prosecution is that one Kalakanagouda Patil filed a written complaint with Kukanoor police alleging that, two days earlier to the date of complaint, there was a quarrel between the family of the petitioner and the family of the complainant concerning moving of vehicles and in that connection his daughter-in-law had filed a complaint with the police against the family members of the petitioner. On 03.11.2019, at about 4.20 p.m., when the younger brother of the complainant was working in their backyard at that time the petitioner and five other accused came in front of their house and assaulted the brother of the complainant resulting in multiple injuries to the brother of the complainant. When the son of the complainant went to rescue his nephew he was also assaulted with clubs on his calves and thigh, when the complainant went to rescue he was also assaulted. When the daughter-in-law came to rescue she was also assaulted with a club with a stick. 3. On the basis of the above allegations, a complaint was registered in Crime No.114/2019 by Kukanoor Police. Accused No.2 and 4 were arrested on 17.11.2019, accused No.5 was arrested on 04.11.2019 and accused Nos.3 and 6 were arrested on 07.11.2019 and remanded to judicial custody. 4. Accused No.1, who is petitioner herein filed application for anticipatory bail before the Principal District and Sessions Judge, Koppal as stated above. The trial court considered the petitions filed by all the accused for bail along with the petition filed by the petitioner for anticipatory bail and observing that though the offences alleged were under Section 307 of IPC, the injuries which are said to have been caused are simple injuries and that those persons were released from the hospital, granted bail in respect of accused Nos.2 to 6. However, the petition in Crl.Misc.No.804/2019 filed by accused No.1 was rejected on the ground that he was the prime accused, he was the one started the quarrel. 5. Sri. However, the petition in Crl.Misc.No.804/2019 filed by accused No.1 was rejected on the ground that he was the prime accused, he was the one started the quarrel. 5. Sri. H.R. Deshpande, appearing for the petitioner would contend that there was quarrel between the family members of the petitioner and the complainant, the injuries alleged to be caused are not serious in nature and there was no intention to cause any grievous injuries or any higher crime. He submits that since the other accused have been enlarged on bail the petitioner also ought to be enlarged on bail., considering that the reason attributed to such grant of bail was that the injured suffered simple injuries. 6. Per contra, learned HCGP submits that it is the petitioner accused No.1 who has instigated the assault and therefore, he has to be treated differently than accused Nos.2 to 6, though simple injuries are said to be caused, the intention was to cause serious injuries and therefore, the petitioner ought not to be granted bail. 7. Having heard Sri. H.R. Deshpande, learned counsel for the petitioner and learned HCGP and having perused the complaint, documents and also the order passed by the Principal District and Sessions Judge as stated above, it is seen that the injuries which have been caused are simple in nature and the injured have already been released from the hospital, investigation having been completed the charge sheet has already been filed. 8. In view of the status of the above matter, the injuries are simples in nature, this court is of the opinion that the petitioner also has to be enlarged on bail. Hence, I pass the following: ORDER The anticipatory bail petition filed under Section 438 of Cr.P.C. is allowed. The petitioner is ordered to be released on bail in the event of his arrest in Kukanoor P.S. Crime No.114/2019 pending on the file of Senior Civil Judge and JMFC Court, Yelburga in Koppal District subject to the following conditions: i. The petitioner-accused No.1 shall appear and surrender before concerned court within ten days from the date of receipt of the certified copy of this order and shall furnish a personal bond for a sum of Rs.1,00,000/- with surety for the likesum to the satisfaction of the said court. ii. The petitioner-accused No.1 shall appear before the trial court regularly on the appointed dates; iii. ii. The petitioner-accused No.1 shall appear before the trial court regularly on the appointed dates; iii. The petitioner-accused No.1 shall not tamper with evidence or cause any threat to any of the prosecution witness/s in any manner. iv. The petitioner -accused No.1 shall furnish a list of immovable properties owned by him to the police station. If any of the above conditions are violated the above order shall stand automatically cancelled.