Research › Search › Judgment

Karnataka High Court · body

2022 DIGILAW 941 (KAR)

Malleshi v. State of Karnataka

2022-07-21

K.NATARAJAN

body2022
JUDGMENT Learned High Court Government Pleader is directed to take notice for respondent. 1. This criminal petition is filed by the accused Nos. 1 to 4 under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.' for short) for granting regular bail in Crime No. 46/2022 registered by Choranuru Police Station for the offences punishable under Sections 141, 143, 147, 323, 324, 307, 504 and 506 read with Section 149 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC', for short). 2. Heard the arguments of the learned counsel for petitioners and learned High Court Government Pleader for respondent. 3. The case of the prosecution is that one Jayamma filed a complaint on 03.06.2022 alleging that herself and others went to plow the land in Sy.No. 75 of Gouripura village. At that time, petitioners/accused Nos. 1 to 4 and accused No. 5 came with deadly weapons and assaulted the complainant and others. Thereafter, accused Nos. 6 to 10 also joined them and abused the complainant and assaulted with hands causing injuries. They said to be assaulted the complainant with an intention to commit murder. The police after registering the case, arrested the petitioners and remanded to judicial custody. Therefore, the petitioners filed bail petition which came to be rejected by the Sessions Court. Hence, they are before this Court. 4. The learned counsel for the petitioners contended that the co-accused Nos. 6 to 10 have been granted bail in Criminal Petition No. 101925/2022 and accused Nos. 5, 11 and 12 are also granted bail in Criminal Petition No. 101995/2022. These petitioners are in custody for more than one and half month. The injured is also out of danger. Hence, he prayed for grant of bail. 5. Per contra, the learned High Court Government Pleader seriously objected the bail petition and prayed for dismissing the petition. 6. Having heard the arguments and perused the records. 7. On perusal of the records reveal that of course there is civil suit pending between the petitioners and the complainant filed in O.S. No. 144/2019 pending on the file of Civil Judge & J.M.F.C., Sandur. When the complainant plowing the land, these accused persons were came and assaulted the complainant with deadly weapons, stick, stones and hands. After registering the case, Police arrested these petitioners and they are in custody for more than one and half month. When the complainant plowing the land, these accused persons were came and assaulted the complainant with deadly weapons, stick, stones and hands. After registering the case, Police arrested these petitioners and they are in custody for more than one and half month. The co-accused Nos. 6 to 10 have grarnted anticipatory bail in Criminal Petition No. 101925/2022 dated 13.07.2022 and accused Nos. 5, 11 and 12 have been granted bail by this Court in Criminal Petition No. 101995/2022 on 19.07.2022. The injured is already out of danger and weapons were already recovered from the petitioners. 8. Therefore, considering the facts and circumstances of the case, by imposing stringent conditions if the petitioners are granted bail, it will not prejudice the case of the prosecution. Accordingly, I pass the following order: 9. The criminal petition is allowed. The Committal Court is directed to release the petitioners/accused Nos. 1 to 4 on bail in the Crime No. 46/2022 registered by Choranuru Police Station for the offences punishable under Sections 141, 143, 147, 323, 324, 307, 504 and 506 read with Section 149 of IPC, subject to the following conditions: i. The petitioners shall execute a personal bond for a sum of 50,000/- (Rupees Fifty Thousand only) each with one surety for the likesum to the satisfaction of the Committal Court. ii. The petitioners shall not tamper the prosecution witnesses directly or indirectly. iii. The petitioners shall not indulge in similar offences. iv. The petitioners shall appear before the Investigating Officer as and when called by the Investigating Officer for the purpose of investigation.