Siddappa and Others vs The State of Karnataka

G. Narendra, J.—Heard the learned counsel for the petitioners and the respondent.

The petitioners are before this Court are arrayed as accused Nos. 1, 4 and 5 in Crime No. 258/2015 registered on 26.09.2015.

The case of the defacto complainant is that accused Nos. 1 to 5 came near their land, over which there was a dispute between the father of the defacto complainant and the accused, and that the accused Nos. 1 to 5 formed into an unlawful assembly and had armed themselves with an axe and clubs picked up quarrel with them. Thereafter, with an intention to murder them, accused Nos. 1 to 5 are said to have assaulted them with the said weapons and caused grievous injuries. Accused Nos. 6 and 7 assaulted the lady members of the family who tried to rescue the injured victims. The said incident occurred on 25.09.2015 at about 9.00 a.m. and in that process they are alleged to have assaulted his brother Mahantesh K. Talageri with an axe on his head and his father on the legs. On these allegation the complaint came to be filed on 26.09.2015 at about 11.15 a.m. The respondent state has filed statement of objections.

It is alleged by the state that the accused persons have armed themselves and formed into an unlawful assembly and they have deliberately gone to the land and picked up quarrel only with an intention of committing murder. They have also assaulted the lady members of the family who tried to intervene.

Accused Nos. 1, 4 and 5 are the petitioners 3, 1 and 2 in this petition. The allegation of the prosecution is that the third petitioner i.e., first accused has used an axe to assault the defacto complainant''s brother and the other brother of the complainant Mr. Somlingappa Talgeri and also the lady members of the complainant''s family namely, Neelamma and Honnamma.

This Court has perused the wound certificate recorded by one Tanga Multi-speciality Hospital and Trauma Centre. The wound certificate records the name of the assailants and the wound certificate records that the patient was assaulted with a blunt object, stick and stone. The patient Somalingappa has stated that he has been assaulted by Channappa Talgeri, Rayappa, Siddappa Shantawwa and Homappa. The injuries recorded are contusion on the right thigh, contusion of left forearm and contusion of right knee.

The counsel for the petitioners would submit that these injuries would be suffered even by a fall on a hard floor. The contention merits consideration. The injuries are described as simple and it is recorded in the said certificate that the patient was admitted on 25.09.2015 and discharged on 27.10.2015. The allegation as against the third petitioner is that he had assaulted the said Mahantesh K. Talgeri, the brother of the complainant with an axe, but the wound certificate would reveal something different. It is recorded that the patient was assaulted by Channappa Talgeri, Rayappa, Siddappa, Shantawwa Homappa and etc. The patient is stated to have suffered 3 injuries namely, comminuted fracture on the right distal, left shoulder contusion and head injury and the weapons used to cause the injuries are described by the victim himself as blunt object i.e., stick and stone. The wound certificate records the first injury as a grievous one and the second and third injuries are as simple injuries. The victim has been admitted to hospital on 25.09.2015 and has been discharged on 02.10.2015.

The other victim by name one Neelamma Talgeri, has named the assailants as above. The weapons are also described as above and the timing and date are also similar. The injuries recorded are blunt trauma chest, left shoulder contusion and the doctor has opined that both the injuries are simple in nature. The victim has been admitted to hospital on 25.09.2015 and discharged on 27.10.2015. The description of the assailants in the wound certificate and the overt-act alleged to them in the wound certificate are at variance with the FIR and the complaint. Though in the complaint and FIR it is alleged that a murderous assault was mounted on the injured victims and that the first accused in fact used an axe to assault the said Mahantesh, the brother of the defecto complainant, the wound certificate describes weapons used as blunt objects. Thus, prima facie, it does not appear that any dangerous weapons have been used in the commission of offence.

The learned HCGP would clarify that there are no criminal antecedents to the petitioners. Though the accused are alleged to have attempted to murder the said Mahantesh, the injuries described and the opinion of the doctor regarding the nature of the injures and the weapons described in the wound certificate does not inspire the confidence of this Court in the complaint.

Hence, this Court is of the considered opinion that the petition deserves to be allowed. Accordingly, the petition is allowed. In the event of arrest, the petitioners shall be enlarged on bail subject to the following conditions:

"a) Petitioners shall be released on bail in the event of their arrest on executing a personal bond in a sum of Rs. 50,000/- with one surety each, for the likesum to the satisfaction of the jurisdictional Magistrate.

b) Petitioners shall appear as and when summoned by the Investigating authority.

c) Petitioners shall appear before the Investigating Officer on every Monday at 10.00 a.m. for the next eight weeks and shall co-operate with the Investigating authorities.

d) Petitioners shall not leave the jurisdiction of this Court without prior intimation to the Investigating Officer.

e) Petitioners shall not interrupt on the disputed land till the completion of the trial in the case."