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Judgment
S Vishwajith Shetty, J
Accused Nos. 1 and 2 in SC No.171/2022 pending before the Court of I Additional District and Sessions Judge at Mandya arising out of Crime No.145/2022 registered by Halagur Police Station for the offences punishable under Sections 504, 324, 307 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) are before this Court seeking regular bail.
Heard the learned counsel for the parties.
On the basis of the complaint lodged by Basavaraju S/o. Chikkaveeraish dated 06.08.2022, FIR was initially registered for the aforesaid offences by Halagur Police Station, Mandya against petitioners herein. In the complaint it is averred that complainant's uncle Siddaiah bin Hombalaiah had approached Venkatesh seeking financial assistance and at that time, the petitioners herein raised quarrel with Siddaiah bin Hombalaiah and thereafter assaulted him on his head with Eucalyptus club, which was lying there. As a result of assault, Siddaiah bin Hombalaiah fell down. When his wife Jayamma tried to interfere, the petitioners also allegedly assaulted her and thereafter had left the spot. Siddaiah bin Hombalaiah was taken to the hospital and admitted for treatment. Thereafter, on the basis of the complaint lodged by Basavaraju, FIR in Crime No.145/2022 was registered by Halagur Police Station. Subsequently, on 20.08.2022, Siddaiah bin Hombalaiah had died in the hospital while undergoing treatment. It is under the said circumstance, Section 302 of IPC was invoked against the petitioners/accused in Crime No.145/2022.
During the course of investigation in the case, the petitioners were arrested on 07.08.2022 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. Petitioners bail application filed before the trial Court in SC No.71/2022 was dismissed. Under these circumstances, the petitioners are before this Court.
Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that the petitioners have no criminal antecedents. He further submits that petitioners had no motive or intention to murder the deceased - Siddaiah bin Hombalaiah. The incident had taken place in a spur of moment and Post-Mortem report would go to show that there was only one external injury on the body of the deceased. Accordingly, prays to allow the petition.
Learned HCGP has opposed the bail application and submits that there are eye witnesses to the incident in question. Post-Mortem report would go to show that the death was due to the head injury sustained. Accordingly, she prays to dismiss the petition.
In the complaint dated 06.08.2022, it is averred that deceased - Siddaiah bin Hombalaiah on 06.08.2022 had approached one Sri. Venkatesh seeking financial assistance and at that time, the petitioners, who were present there had abused and assaulted Siddaiah bin Hombalaiah. However, in the charge sheet it is mentioned that deceased - Siddaiah bin Hombalaiah had approached CW.4 - Mahadevamma seeking financial assistance and at that time, petitioners who were present there had assaulted Siddaiah bin Hombalaiah with club, which was lying there. The charge sheet would go to show that Venkatesh is not cited as charge sheet witness. Even if the complaint averments and the charge sheet allegations are presumed to be proved, it is not the case of the prosecution that the petitioners had any strong motive to murder the deceased - Siddaiah bin Hombalaiah.
From a perusal of the complaint averments as well as the charge sheet allegations, it is evident that the incident had taken place in a spur of moment. When the petitioners were at the spot, Siddaiah bin Hombalaiah had come there seeking financial assistance from CW.4. Then, the petitioners had raised a quarrel and assaulted Siddaiah bin Hombalaiah with Eucalyptus club, which was lying there. It is not the case of the prosecution that the petitioners were present there with an intention to assault Siddaiah bin Hombalaiah. The Post-Mortem report would go to show that the Siddaiah bin Hombalaiah had suffered one external injury on his body, which is lacerated wound measuring 3 cm X 0.5 cm X bone deep present over left parietal area of scalp, 14 cm above left ear.
The incident had taken place on 06.08.2022. The deceased, who was aged about 67 years had succumbed to the injuries in the hospital on 20.08.2022. Investigation in the case is completed and charge sheet has been filed. The submission made by the learned counsel for the petitioners that the petitioners have no criminal antecedents has not been seriously disputed by the learned HCGP. Under these circumstances, I am of the view that the petitioners prayer for grant of regular bail is required to be answered affirmatively.
Accordingly, the following:
ORDER
The petition is allowed.
The petitioners are directed to be enlarged on bail in SC No.171/2022 pending before the Court of I Additional District and Sessions Judge at Mandya arising out of Crime No.145/2022 registered by Halagur Police Station for the offences punishable under Sections 504, 324, 307 read with Section 34 of IPC, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only)each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts there appearance for valid reasons;
c) The petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioners shall not involve in similar offences in future.