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2022 DIGILAW 1296 (KAR)

Ramaiah v. State of Karnataka

2022-09-28

K.NATARAJAN

body2022
JUDGMENT 1. This petition is filed by the petitioner/accused under Sec. 439 of Cr.P.C., seeking regular bail in Crime No.8/2022 registered by Badavanahalli Police Station, Tumakuru, pending on the file of IV Additional District and Sessions Judge, at Madhugiri, in S.C.No.5015/2022, for the offence punishable under Sec. 302 of IPC. 2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the entire petition papers. 3. The case of the prosecution is that the complainant Mr. Dinesh, who is relative of the deceased Ramesh, filed a complaint alleging that on 1/2/2022, at about 3.30 p.m. Mr.Ramesh was sitting in front of one Mr. Chikkanna's house. At that time, the accused came there by scolding that somebody was spreading news that the daughter (Ms. Radha) of his elder brother Mr. Hanumantharayappa, who was still studying 10th Standard, should be given in marriage to one Mr.Nagesh. On that back ground there was quarrel between the deceased and the accused, at that time, the accused is said to have abused the deceased in filthy language and picked up a club found on the spot and assaulted on the head, due to which he sustained grievous injuries. Immediately, the injured was shifted to the hospital for treatment and on the very next day, he succumbed to the injuries. Initially the case was registered for the offences punishable under Ss. 307 and 504 of IPC. After the death Sec. 302 of IPC was inserted by the police. The petitioner was arrested on 3/2/2022 and was remanded to judicial custody. Since his bail petition came to be rejected, the petitioner is before this Court seeking bail. 4. Having heard the arguments of the learned counsel for the petitioner and learned HCGP for the respondent/State and on perusal of the records, it reveals that there is no motive, preparation or intention to commit murder of the deceased. But the quarrel took place when the accused abused some persons, in the presence of the deceased and due to that quarrel took place between the accused and the deceased. During that quarrel the accused took out the club found on the spot and assaulted on the head of the deceased causing grievous head injury, which result in the death on the next day of the incident. During that quarrel the accused took out the club found on the spot and assaulted on the head of the deceased causing grievous head injury, which result in the death on the next day of the incident. The post mortem examination report reveals that the deceased died due to head injury i.e., fracture of the skull of the head. Learned counsel also brought to the notice of the Court that the petitioner/accused had no intention to commit murder. Because of the quarrel and due to the provocation, at the spur of the moment he has committed murder. By looking to the facts and circumstances of the case, it reveals that the petitioner/accused is in custody for more than 7 months, the investigation is completed long back and that the case also is committed to the Court. Therefore, the presence of the petitioner may not be required for any further investigation. The apprehension of the prosecution may be safeguarded, by imposing certain conditions if bail is granted to the petitioner/accused, no prejudice would be caused to the case of the prosecution. Hence, the following :- ORDER Criminal petition is allowed. The petitioner-accused is ordered to be released on bail in Crime No.8/2022 registered by Badavanahalli Police Station, Tumakuru for the offence punishable under Ss. 302 of IPC, subject to the following conditions: (i) Petitioner-accused shall execute a personal bond for a sum of Rs.2, 00, 000.00 (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Trial Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly or indirectly; (iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court; If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.