Mahesh S/o Kalyanrao @ Kalyani Police Patil vs The State of Karnataka (Through Mahagaon Police Station) Represented by Addl. State Public Prosecutor High Court of Karnataka

This petition is filed by the petitioner/accused No.3 under Section 439 of Cr.P.C., seeking regular bail in Crime No.5/2016 of Mahagoan Police Station, Kalaburagi, registered for the offences punishable under Sections 143, 147, 148, 447, 302, 109, 504, 506 r/w 149 of IPC.

The brief factual matrix that emanate from the charge-sheet papers are that a person by name Chitambaraya is a social worker and also relative of a lady by name Gangubai. The said Chitambaraya and all the accused persons and also Gangubai are the residents of Ankalagi village and they had dispute between them with regard to Sy.No.22/1 measuring 05 acres. It is also undisputed fact that the parties are also fighting for their rights before the Civil Court. In this background it is alleged that on 20.01.2016 the said Chitambaraya went to the said land in support of the said Gangubai for the purpose of harvesting on the ground that they have actually grown the crop. Having come to know about the same, the petitioners and other accused persons formed an unlawful assembly went to the said land at about 07.30 a.m. and started quarrelling with the Chitambaraya and others. In fact Chitambaraya also started quarrelling with the accused persons and told the accused persons that the said land does not belong to them. On the other hand the accused persons asserted the said land belongs to them. In this background it is alleged that the accused persons started abusing and assaulting the deceased. Accused No.6 standing at a distance instigated and abated other accused persons to do away with the life of the deceased. There are eyewitnesses to the incident. The eyewitnesses by name Devendrappa, Mastan and Sharanappa, have categorically stated in their statements in this context there was quarrel between the parties. It is alleged particularly accused Nos. 4 and 5 have caught hold the said Chitambaraya in order to enable other accused persons to assault the deceased. When these two persons caught hold Chitambaraya, then accused No.1 by name Kalyanrao @ Kalyani took a stone and assaulted 2-3 times on the head of the deceased which caused severe bleeding injuries on the head and due to such injuries, Chitambaraya succumbed to the injuries in the hospital.

I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.

The main grounds urged by the learned counsel for the petitioner are that the alleged incident has taken place abruptly in view of the civil dispute pending between the parties. It is also contended that accused Nos.4 and 5 have already been released on bail, even on the ground of parity, accused-petitioner is entitled to be released on bail. It is also contended that the only allegation against accused-petitioner is that he assaulted with stick on the forearm of the deceased and no serious overt acts are found, even in the material, which has been produced before the Court. It is also contended that accused-petitioner is a permanent resident of Ankalagi village and has got both movable and immovable properties, therefore, there is no chance of he being absconded. It is further contended that if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and he is ready to offer sureties. On these grounds, he prays for allowing the petition.

On the contrary, learned High Court Government Pleader appearing for the respondent-State has vehemently contended that there are eyewitnesses to the alleged incident and the accused-petitioner has assaulted with stick on the deceased, as such, the deceased has succumbed to the said injuries. It is also contended that the accused-petitioner is also a member of unlawful assembly and if he is released on bail, there is likelihood of he being tampering with the prosecution witnesses, he may abscond and he may not be available for trial. On these grounds, he prays for dismissal of the petition.

I have gone through the copy of the FIR, complaint and other material produced along with the petition. The factual aspect discloses the fact that the accused persons went to the land and started quarreling with the deceased and they abused and assaulted the deceased with stone, sticks and thereby caused the death of the deceased. On going through the complaint averments it discloses that accused No.3 has only assaulted the deceased with stick on the forearm and except that the other allegations are not forthcoming. When the specific allegation has been made against the accused-petitioner that he has assaulted the deceased with stick on forearm and even the post mortem report also indicates that the deceased died due to head injury that is because of fracture of brain and hemorrhage as a result of blunt trauma to the head. In that light the act of the accused petitioner to show that he is having overt act at the time of commission of offence. When already accused Nos.4 and 5 have been released on bail, even on the ground of parity the accused-petitioner is entitled to be released on bail. In that light, by imposing some stringent conditions if the petitioner is released on bail, it is going to meet the ends of justice.

For the above reasons, the petition is allowed and petitioner/accused No.3 is ordered to be released on bail, subject to the following conditions:

i. The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court;

ii. The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses directly or indirectly;

iii. The petitioner shall make himself available to the Investigating Officer as and when required;

iv. The petitioner shall appear before the concerned Court regularly for facing the trial.