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IN THE HIGH COURT OF KARNATAKA
R.B. BUDIHAL, J.
Ravi Kumar & Another - Petitioners
Versus
State of Karnataka - Respondent
Criminal Petition Nos. 7633 & 6489 of 2017
Decided On : 09-11-2017
Bail - Criminal Law - IPC
Fact of the Case:
The case involves bail petitions by accused No.1 and accused No.5 under Section 439 of Cr.P.C. seeking release on bail for offenses under Sections 143, 147, 323, 324, 504, 307 r/w Section 149 of IPC registered in respondent-police station Crime No.105/2017. The deceased's wife filed a complaint stating that the accused persons quarreled with the deceased, resulting in his injuries and subsequent death. The accused argued for bail based on delay in filing the complaint and the nature of injuries sustained.
Finding of the Court:
The court analyzed the complaint, arguments of both parties, and the charge sheet material. It noted the presence of eyewitnesses and the nature of the injuries sustained by the deceased and the accused. The court found that the offense under Section 302 of IPC may not be attracted, and the accused may be granted bail based on the circumstances and counter-complaint filed by accused No.1.
Issues: The issues revolved around the nature of the incident, delay in filing the complaint, presence of eyewitnesses, and the nature of injuries sustained by the deceased and the accused.
Ratio Decidendi: The court's decision was influenced by the presence of eyewitnesses, the nature of injuries, and the counter-complaint filed by accused No.1. It found that the offense under Section 302 of IPC may not be attracted, and the accused may be granted bail based on the circumstances.
Final Decision: Both the bail petitions were allowed, and accused Nos.1 and 5 were ordered to be released on bail for the offenses under Sections 143, 147, 323, 324, 504, 307, 302 r/w Section 149 of IPC registered in respondent-police station Crime No.105/2017, subject to certain conditions.
1. Since these two petitions are in respect of the same crime number and common questions of law and facts are involved in both the petitions, they are taken together for disposal by this common order, in order to avoid repetition of facts and law.
2. Crl.P.No.7633/2017 is by accused No.1 and Crl.P.No.6489/2017 is by accused No.5, both under Section 439 of Cr.P.C. seeking their release on bail for the offences punishable under Sections 143, 147, 323, 324, 504, 307 r/w Section 149 of IPC registered in respondent - police station Crime No.105/2017. After the demise of the injured subsequently, the offence under Section 302 of IPC is also inserted in the case.
3. The case of the prosecution as per the complaint averments are, wife of the deceased is the complainant. She has stated that on 10.4.2017 around 9.15 p.m. she heard somebody crying and shouting in front of house of accused No.1. Thereafter, her brother- in-law Bharath came and informed the complainant that accused no.1 along with other accused persons picked up quarrel with the deceased. As such, the complainant went to the said place and saw that her husband was pushed into the drain and there were injuries on his body. Then the husband of the complainant was shifted to the hospital and on 13.4.2017 he succumbed to the injuries while on treatment. On the basis of the said complaint filed on 13.4.2017, case came to be registered.
4. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 and 5 and also the learned High Court Government Pleader appearing for the respondent-State, in both the petitions.
5. Learned counsel for the petitioners during the course of their arguments submitted that there is a case filed by accused No.1 against the deceased which is registered in crime No.102/2017 for the offences under Sections 504 and 324 of IPC. Though the incident has taken place on 10.4.2017, the complaint came to be filed on 13.4.2017. There is a delay of four days in lodging the complaint, for which no proper explanation is offered by the prosecution. As per the prosecution, on the very date of the incident the injured Shashidhar has been admitted to the hospital and if that is so, it is a medico legal case. Certainly there should have been intimation to the police regarding the said incident. He has also produced the injury certificate issued by the General Hospital at Nelamangala on 6.6.2017 in respect of accused No.1, wherein it is mentioned that injuries are simple in nature. Hence, it is submitted that there is a case and counter case and the first complaint is by the accused No.1 as against the deceased. As per the prosecution case, accused No.2 one Anjana Murthy has assaulted the deceased with club on his head and other accused persons have only assaulted with their upper and lower limbs on the stomach portion and other parts of the body. Hence, the offence under Section 302 of IPC will not be attracted to the case on hand and at the most, so far as these two petitioners are concerned, the offence under Section 325 of IPC would be attracted. It is further submitted that now the investigation is completed and charge sheet is also filed. Even as per the post mortem report the cause of death is due to head injury sustained. Hence, it is submitted that petitioners may be enlarged on bail.
6. Per contra, learned High Court Government Pleader in respect of both the petitions has submitted that there are eyewitnesses to the incident. The complainant, Bharath, C.W.6 and the mother of the deceased, C.W.10 are all eyewitnesses to the incident. There is allegation against the petitioners that they have also assaulted the deceased. In view of these materials, petitioners are not entitled to be granted with bail.
7. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the charge sheet material containing the statement of witnesses, panchanama etc.,
8. As per the complaint averments,
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