1 Between: IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 2 ND DAY OF JANUARY, 2017 BEFORE THE HON BLE MR.JUSTICE B. A. PATIL CRIMINAL PETITION No.201293/2016 1. Budeppagouda S/o Gangannagouda Dumti Age: 48 years, Occ: Agri 2. Suguresh S/o Budeppagouda Dumti Age: 26 years Occ: Student of B.Ed., Both are R/o Haddinal village Tq. Deodurga, Dist. Raichur... Petitioners (By Sri Shivanand V. Pattanshetti, Advocate) And: The State of Karnataka R/by Addl. SPP Kalaburagi Bench (Through Gabbur Police Station Dist. Raichur) (By Sri P.S.Patil, HCGP)... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to grant the regular bail to petitioners in
2 Spl(A) FIR No.132/2016 (Gabbur Police Station Crime No. 142/2016) pending on the file of Addl. Sessions Judge at Raichur, which is registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 r/w 149 of IPC and Section 3(1) (10) of SC and ST (Prevention of Atrocities) Act, 1989. This petition is coming on for Orders this day, the Court made the following:- ORDER This petition is filed by the petitioner/accused Nos.3 and 4 under Section 439 of Cr.P.C., seeking regular bail in Crime No.142/2016 of Gabbur Police Station, Raichur, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 r/w 149 of IPC and Section 3(1)(10) of SC and ST (Prevention of Atrocities) Act, 1989. 2. Brief facts leading to filing of the complaint are that, complainant was cultivating the land on lease, there was a canal water dispute between the accused and the complainant. The complainant has dug a pond
3 in his land and was lifting the canal water from the ditch for which accused No.3 objected. It is further alleged in the complaint that on 29.10.2016 at about 10:00 a.m. complainant was in an hotel by name Eelger Rangamma at Sunkeshwaral and was taking tea at that time accused persons came there on two motorcycles, accused No.3 abused him with filthy language by taking his caste. Accused No.1 took an axe lying in the hotel and assaulted on the right shoulder of the complainant and thereafter he also assaulted on the left leg below the knee. Accused No.2 assaulted with butend of axe on back of the complainant, accused persons again abused the complainant by taking his caste and other accused persons kicked the complainant with legs and also threatened with dire consequences. On the basis of the complaint, a case has been registered and now the accused persons are in custody.
4 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-state. 4. The main grounds urged by the learned counsel for the petitioners are that petitioners have not committed any offence because of political motivation and the dispute of water, a false complaint has been registered against the accused petitioners. So far as these accused persons are concerned there is no overt act attributed in the complaint, even the injured complainant has been discharged from the hospital and he is out of danger. It is further submitted that the offences levelled against them are not punishable with death or imprisonment for life. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-state vehemently contended that the offences levelled against
5 the petitioners are punishable with death or imprisonment for life. There are eye witnesses to the alleged incident and they have stated overt acts of each of the accused persons. It is also contended that if the petitioners are released on bail, they may tamper with the prosecution witnesses and they may hamper the investigation. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. As could be seen from the complaint, it reveals that the alleged incident has taken place on 29.10.2016 at 10:00 a.m. so far as accused Nos.3 and 4 are concerned there is no serious allegation against the said accused persons. So far as accused No.3 is concerned he has only used abusive words by taking the name of caste and accused No.4 is concerned he has kicked with legs. Even though the offence levelled against accused
6 persons under Section 307 but already the injured complainant has been discharged from the hospital and he is out of danger and the said offence is not punishable with death or imprisonment for life. So far as other offences are concerned, they are also not of serious in nature. Keeping in view the above said facts and circumstances of the case, that too when the petitioners are said to be permanent resident of Haddinal village and have got movable and immovable property and they are ready to offer sureties, then, I feel by imposing some stringent conditions if petitioners are enlarged on bail it is going to meet the objections raised by learned High Court Government Pleader. 7. For the aforementioned reasons, the petition is allowed and petitioner/accused Nos.3 and 4 are ordered to be released on bail, subject to the following conditions:
7 ii) They shall not indulge in hampering the investigation or tampering the prosecution witnesses; iii) They shall make themselves available to the Investigating Officer as and when required; iv) They shall mark their attendance before the Investigating Officer once in 15 days. i) The petitioners shall execute a personal bonds for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court; Sd/- JUDGE sdu Ct: MHS