Criminal Petition No. 12314 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:3651 CRL.P No. 12314 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 12314 OF 2024 BETWEEN: 1. SRI. RAJU, S/O HOMBAIAH, AGED ABOUT 62 YEARS, 2. SRI. NARENDRA S/O RAJU, AGED ABOUT 50 YEARS, 3. SRI. SURESHA S/O BHADRA HOMBAIAH, AGED 73 YEARS, ALL RESIDING AT HANUMANALU VILLAGE, BANNUR HOBLI, T. NARASIPURA TALUK, MYSURU DISTRICT - 571 124
Legal Reasoning
(BY SRI. PRASANNA KUMAR P., ADVOCATE) …PETITIONERS AND: STATE OF KARNATAKA BY BANNUR POLICE STATION, T. NARASIPURA TALUK, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001 (BY SMT. K.P. YASHODHA, HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONERS / ACCUSED NO.1 TO 3 ON BAIL IN RESPECT OF CR.NO.106/2024 ALLEGING COMMISSION OF Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:3651 CRL.P No. 12314 of 2024 OFFENCE U/S 143, 144, 147, 148, 324, 504, 149, 323, 302 OF IPC PENDING BEFORE THE I ADDL. DISTRICT AND SESSIONS JUDGE, MYSURU, OF THE RESPONDENT / BANNUR POLICE STATION, NANJANGUDU SUB DIVISION, MYSORE. THIS CRL.P., COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioners - accused Nos.1 to 3 are before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.106/2024 of Bannur Police Station, pending on the file of the learned I Additional District & Sessions Judge, Mysuru, registered for the offences punishable under Sections 143, 144, 147, 148, 324, 504, 323, 302, 506 read with Section 149 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - H.M.Mahadeva. 2. Heard Sri. Prasanna Kumar, learned counsel for the petitioners and Smt. K.P.Yashodha, learned High Court Government Pleader for the respondent -State. Perused the materials on record. - 3 - NC: 2025:KHC:3651 CRL.P No. 12314 of 2024 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: “Whether the petitioners are entitled for grant of bail under Section 439 of Cr.P.C.?” My answer to the above point is in ‘Affirmative’ for the following: R E A S O N S 4. The petitioners being accused Nos. 1 to 3 are seeking grant of bail. They were apprehended on 12.04.2024 & 30.05.2024 respectively, since then, they are in judicial custody. 5. The informant lodged the first information on the basis of which, FIR came to be registered. After investigation, the charge sheet came to be filed for the offences punishable under Sections 143, 144, 147, 148, 323, 324, 504, 506, 302 read with Section 149 of IPC. It is stated that on 10.04.2024, CW2 had requested for mutton with accused No.9. Since he had not been provided mutton as requested, there was a - 4 - NC: 2025:KHC:3651 CRL.P No. 12314 of 2024 quarrel. Accused Nos.1, 2, 3, 11 and 12 have picked up quarrel and assaulted CW2 at 12.00 in the noon. On the same day at around 3.00 p.m. there was again an altercation. The accused have abused CW2 in the filthy language and assaulted him. They also damaged the door of the house. On 11.04.2024 at 11.00 am CWs 3, 4, 5, 6, and 7 along with the deceased went to the house of accused No.2 and questioned the high-handed acts committed on the previous day. Accused Nos. 1, 2, 5, 6 and 7 armed with wooden club, reaper patti and iron rod assaulted them. Accused Nos. 11 and 12 dared the deceased, CWs 3, 4, 5, 6, and 7 stating that they have come there to question them and accused No.1 assaulted them. Similarly, accused Nos. 2 and 3 have also assaulted with wooden club and reaper patti. The injured Krishna was taken to the hospital due to a head injury sustained but he died on the same day at 10.15 pm. Initially, the case under Section 307 of IPC was registered. After the death of the deceased, Section 302 of IPC was invoked. 6. The materials on record discloses that on 10.04.2024, the deceased was not at the spot when the incident had occurred. But on 11.04.2024, the accused - 5 - NC: 2025:KHC:3651 CRL.P No. 12314 of 2024 themselves went to house of CW2 and there was quarrel, which resulted in assaulting the deceased and CWs 3, 4, and 5. The wound certificates pertaining to CWs3, 4 and 5 disclose that they have sustained only simple injuries. The postmortem report pertaining to the diseased discloses that he had sustained two injuries and death was due to coma as a result of head injury sustained. 7. It is not the contention of the prosecution that the petitioners are required to be detained in custody for any purpose except to ensure their presence before the Trial Court. Even though it is stated that, there are eye-witnesses including the injured eye-witnesses, their interest could be safeguarded by imposing suitable conditions. It is not the contention of the prosecution that the petitioners are having criminal antecedents. Under such circumstances, I am of the opinion that the petitioners are entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution. 8. Accordingly, I answer the above point in the affirmative and proceed to pass the following: - 6 - NC: 2025:KHC:3651 CRL.P No. 12314 of 2024
Decision
ORDER The petition is allowed. The petitioners are ordered to be enlarged on bail in Crime No.106/2024 of Bannur Police Station, pending on the file of the learned I Additional District & Sessions Judge, Mysuru, registered for the offences punishable under Sections 143, 144, 147, 148, 324, 504, 323, 302, 506 read with Section 149 of, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioners shall not commit similar offences. b). The petitioners shall not threaten or tamper with the prosecution witnesses. c). The petitioners shall appear before the Court as and when required. If in case, the petitioners violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail. On furnishing the sureties by the petitioners, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be - 7 - NC: 2025:KHC:3651 CRL.P No. 12314 of 2024 submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioners on bail. Sd/- (M G UMA) JUDGE SPV List No.: 3 Sl No.: 5