Jayamma v. State By S. h. o Lakkavalli Police Station Tarikere Taluk-577228 Chikkamagaluru District Rptd. By Spp, High Court Bengaluru-560001
2022-12-15
RAJENDRA BADAMIKAR
body2022
DigiLaw.ai
JUDGMENT Rajendra Badamikar, J. - This petition is filed by petitioners/accused Nos.5 and 6 under Section 438 of Cr.P.C. seeking anticipatory bail in the event of their arrest in Crime No.93/2022 of Lakkavalli Police Station, registered for the offences punishable under Sections 504, 114, 323, 341 and 307 read with Section 149 of IPC, pending on the file of I Addl. Civil Judge (Jr.Dn) and JMFC Court, Tarikere, Chikkamagaluru District. 2. The brief factual matrix leading to the case are that the complainant is the member of the grama panchayat and accused No.1 is also a member of the grama panchayat. He along with other accused have given permission to the present petitioner No.1/accused No.5-Jayamma to sell the liquor in Chowda Bhovi Camp auction for a sum of Rs.1,50,000/- through village panchayat members. It is also alleged that on 05.10.2022 when complainant got information about this aspect he approached the present petitioner No.1/accused No.5 and objected this aspect. However, he learnt that petitioner No.1/accused No.5 was selling the liquor in the village illegally and on 06.10.2022 at about 11.00 p.m. the complainant along with his friend Charan approached the shop of petitioner/accused No.5-Jayamma and questioned her regarding sale of liquor illegally. Then it is alleged that she called other accused persons and they all assaulted the complainant by rod and club on his head and when he cried for help, the accused persons went away. In this regard the complaint came to be lodged. It is further alleged that later on the complainant was shifted to Mc Gann hospital, Shivamogga, wherein he has obtained treatment and lodged a complaint in the hospital. The allegations regarding petitioner No.2/accused No.6-Manjula is that she has obstructed him while going to the hospital. On the basis of the complaint, crime came to be registered by issuing FIR and petitioners apprehending their arrest, have approached the learned Sessions Judge and their bail petition came to be rejected. Hence, the petitioners are before this Court. 3. Heard the arguments advanced by the learned counsel for the petitioners and learned High Court Government Pleader for respondent-State. Perused the records. 4. Having heard the arguments and perusing the records, the allegations of the prosecution disclose that the accused No.1 has given the contract of sale of illegal liquor to petitioner/accused No.5-Jayamma for a sum of Rs.1,50,000/-. It is also alleged that it was by way of auction.
Perused the records. 4. Having heard the arguments and perusing the records, the allegations of the prosecution disclose that the accused No.1 has given the contract of sale of illegal liquor to petitioner/accused No.5-Jayamma for a sum of Rs.1,50,000/-. It is also alleged that it was by way of auction. There are no pleadings as to when the auction was held, who were participants in the auction and whether it was on behalf of the panchayat or individual members. This material evidence is completely missing. It is also evident that accused No.1 is a member of panchayat, while the complainant is also a member of the panchayat. It is asserted that they belongs to different political parties. The allegations disclose that on 06.10.2022 at about 11.00 p.m. the alleged incident has taken place and at 2.30 a.m. the injured was admitted to the hospital. The wound certificate disclose that the injured was admitted in the hospital around 2.30 a.m. on 07.10.2022. However, the injury certificate disclose that the complainant has suffered only simple soft tissue injuries and the other documents further disclose that the complainant absconded from the hospital against the medical advice in the evening hours of 07.10.2022. That itself discloses that he has suffered simple injuries and got himself discharged against the medical advice. Learned counsel for the petitioners has also brought to the notice of the Court that petitioner No.1/accused No.5 herself has lodged a complaint in Crime No.92/2022 against the complainant and eye witness-Charan for the offence under Sections 448, 504, 323 and 354 read with Section 34 of IPC and under the provisions of SC/ST Act. On perusal of the complaint, it is evident that no allegations were made in the said complaint in respect of abusing the petitioner No.1/accused No.5 with reference to her caste. But very interestingly, the investigating officer has registered the complaint under the provisions of SC/ST Act and it is for him to explain all these aspects. However, these aspects disclose that there is some political force acting behind both these complaints. Anyhow it is evident that there are allegations and counter allegations and the complainant suffered only simple injuries. Now the issue is regarding recovery and accused No.2 is already arrested. Even by granting anticipatory bail, the interrogation cannot be denied and the Court can impose certain conditions regarding interrogation.
Anyhow it is evident that there are allegations and counter allegations and the complainant suffered only simple injuries. Now the issue is regarding recovery and accused No.2 is already arrested. Even by granting anticipatory bail, the interrogation cannot be denied and the Court can impose certain conditions regarding interrogation. Moreover the petitioners are women and falls under the exception. Further accused Nos. 1, 3 and 4 are already enlarged on bail in Crl.P.No.11575/2022. Hence, on the ground of parity the present petitioners are entitled for bail. 5. Looking to these facts and circumstances, I do not find any impediment for admitting the petitioners on bail. The other apprehensions raised by the learned HCGP can be meted out by imposing certain conditions. Hence, the petition needs to be allowed and accordingly, I proceed to pass the following: ORDER I. The petition is allowed. II. The petitioner Nos.1 and 2/Accused Nos.5 and 6 are directed to be enlarged on bail in the event of their arrest in Crime No.93/2022 of Lakkavalli Police Station, registered for the offences punishable under Sections 504, 114, 323, 341 and 307 read with Section 149 of IPC, on each of them executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer or the concerned trial Court, subject to the following conditions: (i) They shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of their surrender, Investigating Officer/SHO shall release them on bail as directed. (ii) They shall not directly or indirectly tamper with any of the prosecution witnesses. (iii) They shall not indulge in any similar offences. (iv) They shall make themselves available to the Investigating Officer for interrogation whenever called for during the course of investigation. (v) They shall not leave the jurisdiction of the Court without prior permission.