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Judgment
Since both these petitions arise out of Cr.No.265/2016, registered by the Respondent Police, both the cases are taken together for consideration. Initially, the cases registered in respect of the offences punishable under Section 143, 147, 148, 504, 324, 307 read with 149 of I.P.C. Subsequently, on the death of the injured, viz., Kumaraswamy on 29.11.2016, the Investigating Officer with the leave of the Court has incorporated Section 302 of I.P.C. on his file.
Heard Sri.Mahadeva.R.K., learned counsel for the petitioners and Sri.K.Nageshwarappa, learned HCGP for the Respondent-State.
Crl.P.No.527/2017 is filed under Section 438 of Cr.P.C. and Crl.P.No.526/2017 is filed under Section 439 of Cr.P.C.
The allegation of the prosecution is that on 28.11.2016, while the complainant and his brother (the deceased) were removing the shed put up in their site, the first accused and his brother (petitioner) accosted the complainant and his brother and assaulted the deceased with a club and caused injuries. The complainant who attempted to rescue his brother was also assaulted by accused Nos.2 to
The deceased expired on 29.11.2016 while under treatment.
The petitioner in Crl.P.No. 527/2016 Smt.K.C.Vishalakshi is none other than the sister of the complainant. Her name was not cited either in the complaint nor in the inquest mahazar. The petitioner in Crl.P.No.526/ 2017 is also said to be a close relative of the parties and his name is not mentioned either in the FIR nor in the inquest mahazar. He is in custody since 19.12.2016. His name was reflected in the remand application for the first time on 28.11.2016 on the basis of the voluntary statement of the arrested accused Nos.1 and 2. One club, allegedly used for commission of the offence by him is recovered from the place of occurrence. In the given circumstance, there is no impediment to allow this petition.
Accordingly, both the petitions are allowed.
The petitioner in Crl.P.No.527/2017 is granted anticipatory bail in Cr.No.265/2016 registered by the Respondent Police subject to condition that she shall surrender before the concerned Court within a period of three weeks and move for regular bail. If she is arrested in respect of the above offences by the I.O. within the above period, she shall be enlarged on bail on executing self-bond for Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum.
The petitioner in Crl.P.No.526/2017 is enlarged on bail in Cr.No.265/2016 registered by the Respondent Police, subject to the following conditions:
i) He shall execute a self-bond of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Court.
ii) He shall appear before the I.O. as and when called for during the further course of investigation.
iii) He shall not threaten the prosecution witnesses.
Ordered accordingly.