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NC: 2023:KHC:43540
CRL.P No. 11378 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.11378 OF 2023
BETWEEN:
SRI. BASAVALINGAIAH
S/O LATE LAKKAIAH
AGED ABOUT 75 YEARS
AGRICULTURIST
R/A KANNUGHATTA GOLLARAHATTI,
NONAVINAKERE HOBLI,
TIPTUR TALUK,
TUMAKURU – 572 201
PRESENTLY IN CENTRAL PRISON TUMKUR
…PETITIONER
(BY SRI. SARAVANA S., ADVOCATE)
AND:
THE STATE
BY NONAVINAKERE POLICE STATION
TUMAKURU - 572 224
REPT BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001.
…RESPONDENT
(BY SRI. RANGASWAMY R., HCGP)
THIS CRL.P FILED U/S 439 CR.PC BY THE ADVOCATE FOR
THE PETITIONER PRAYING THAT THIS HONOURABLE COURT
MAY BE PLEASED TO ENLARGE THE PETITIONER ON BAIL IN
Digitally signed by
VIJAYALAKSHMI B N
Location: HIGH
COURT OF
KARNATAKA
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NC: 2023:KHC:43540
CRL.P No. 11378 of 2023
C.C.NO.1604/2023 (CR.NO.53/2023) OF NONAVINAKERE P.S.,
TUMAKURU
DISTRICT
FOR
THE
OFFENCE
P/U/S
143,147,148,323,324,302,504 R/W 149 OF IPC ON THE FILE
OF THE V ADDL.DISTRICT AND SESSIONS JUDGE, TIPTUR.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
THE COURT MAY GRANT BAIL TO AN ACCUSED IF THE COURT IS SATISFIED THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE ACCUSED IS NOT GUILTY OF THE OFFENCE CHARGED OR THAT HE IS NOT LIKELY TO COMMIT ANY OFFENCE WHILE ON BAIL.
Headnote:
BAIL - SECTION 307 IPC - [ACCUSED NO.2 IN CRIME NO.59/2023 REGISTERED BY NONAVINAKERE POLICE STATION, TUMKUR DISTRICT, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 307, 354, 504 R/W 149 OF IPC IS BEFORE THIS COURT SEEKING REGULAR BAIL.]
Fact of the Case:
THE COMPLAINANT AND THE ACCUSED PERSONS ARE NEIGHBOURS. ON 13.06.2023 AT ABOUT 9.30 P.M, THE COMPLAINANT'S WIFE WAS WASHING VESSELS IN THEIR HOUSE. THE ACCUSED PERSONS CAME THERE AND STARTED ABUSING THE COMPLAINANT'S FAMILY. ACCUSED NO.2-BASAVALINGAIAH ALLEGEDLY ASSAULTED VASANTH KUMAR WHO IS THE SON OF COMPLAINANT WITH A SICKLE ON HIS HEAD. ACCUSED NO.1 ASSAULTED VASANTH KUMAR ON HIS HEAD WITH A IRON HAMMER. WHEN THE COMPLAINANT'S WIFE TRIED TO INTERFERE ACCUSED NO.3 - VIJAY WHO IS THE SON OF PETITIONER ASSAULTED JAYAMMA ON HER HEAD WITH A STONE AND CAUSED BLOOD OOZING WOUND AND HE ALSO ASSAULTED THE COMPLAINANT ON HIS HEAD AND CAUSED INJURY. WHEN THE COMPLAINANT'S ANOTHER SON SOMASEKHAR TRIED TO INTERFERE, THE PETITIONER AND ACCUSED NO.5 - RAMESH ALLEGEDLY ASSAULTED SOMASEKHAR WITH CLUBS ON HIS BODY. THEREAFTER, THE PETITIONER AND OTHER ACCUSED PERSONS ALLEGEDLY ASSAULTED VASANTH KUMAR WITH CLUBS ON HIS BODY. WHEN THE VILLAGERS COME TO THE SPOT, THE ACCUSED PERSONS LEFT THE SPOT AND THEREAFTER THE INJURED WERE SHIFTED TO THE HOSPITAL.
Finding of the Court:
THE PETITIONER WHO IS AGED ABOUT 75 YEARS IS IN CUSTODY FROM 15.06.2023. THE INVESTIGATION IN THE CASE IS COMPLETED AND CHARGE SHEET HAS BEEN FILED. ACCUSED NO.1 WHO IS THE SON OF PETITIONER HAS CAUSED INJURY NO.1 AND WHO HAD ASSAULTED THE DECEASED WITH IRON HAMMER HAS BEEN ARRESTED AND HE IS IN JUDICIAL CUSTODY. THE WEAPONS USED BY THE ACCUSED PERSONS FOR COMMITTING THE CRIME ARE SEIZED.
Issues: WHETHER THE PETITIONER IS ENTITLED TO BE RELEASED ON BAIL?
Ratio Decidendi: CONSIDERING THE NATURE OF INJURY CAUSED BY THE PETITIONER AND ALSO HAVING REGARD TO HIS AGE, I AM OF THE OPINION THAT THE PETITIONER’S PRAYER FOR GRANT OF REGULAR BAIL IS REQUIRED TO BE ANSWERED IN AFFIRMATIVE.
Final Decision: THE CRIMINAL PETITION IS ALLOWED. THE PETITIONER IS DIRECTED TO BE RELEASED ON BAIL IN CRIME NO.59/2023 PENDING ON THE FILE OF ADDL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, TIPTUR, TUMKUR DISTRICT, WHICH WAS REGISTERED BY NONAVINAKERE POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 307, 354, 504 R/W 149 OF IPC, SUBJECT TO FOLLOWING CONDITIONS:
Accused No.2 in Crime No.59/2023 registered by
Nonavinakere Police Station, Tumkur District, for the
offences punishable under Sections 324, 307, 354, 504
R/w 149 of IPC is before this Court seeking regular bail.
2.
Heard the learned counsel for the petitioner and
learned High Court Government Pleader for respondent -
State.
3.
On the basis of complaint lodged by one
Sri Shivabasavaiah S/o Late Sanjeevaiah on 14.06.2023,
Nonavinakere
Police
had
registered
FIR
in
Crime
No.59/2023 against the petitioner and others for the
aforesaid offences. In the complaint it is stated that, the
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complainant and the accused persons are neighbours. On
13.06.2023 at about 9.30 p.m, the complainant's wife
Smt Jayamma was washing vessels in their house. The
accused persons came there and started abusing the
complainant's
family.
Accused
No.2-Basavalingaiah
allegedly assaulted Vasanth Kumar who is the son of
complainant with a sickle on his head. Accused No.1
assaulted Vasanth Kumar on his head with a iron hammer.
When the complainant's wife tried to interfere accused
No.3 - Vijay who is the son of petitioner assaulted
Jayamma on her head with a stone and caused blood
oozing wound and he also assaulted the complainant on
his head and caused injury. When the complainant's
another son Somashekar tried to interfere, the petitioner
and
accused
No.5
-
Ramesh
allegedly
assaulted
Somashekar with clubs on his body. Thereafter, the
petitioner and other accused persons allegedly assaulted
Vasanth Kumar with clubs on his body. When the villagers
come to the spot, the accused persons left the spot and
thereafter the injured were shifted to the hospital.
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Subsequently, the complainant had approached the police
and registered a complaint which had resulted in
registering FIR in Crime No.59/2023.
4.
During the course of investigation in the said
case, the petitioner was arrested on 15.06.2023. His bail
application filed before V Addl. District and Sessions
Judge,
Tumkur
(sitting
at
Tiptur)
in
Crl.Misc.No.10370/2023 was rejected on 18.10.2023.
Therefore, he is before this Court.
5.
Learned counsel for the petitioner reiterating
the grounds urged in the petition submits that the
petitioner is a senior citizen aged about 75 years. The
corresponding injury caused as a result of assault made by
the petitioner is not very grievous. There are only two
injures found on the head of the deceased. The
investigation in the case is completed and charge sheet
has been filed. Accordingly, he prays to allow the petition.
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6.
Learned HCGP has opposed the bail application.
He submits that there are eye witnesses to the incident
including injured eye witnesses. The role of the petitioner
and other accused persons has been spoken to by the eye
witnesses. Accordingly, he prays to dismiss the petition.
7.
The complainant who is the father of the
deceased -Vasanth Kumar is a neighbourer of the
petitioner and his family members. It appears that there is
a dispute between the neighbourers and on 13.06.2023,
the accused persons allegedly had come to the house of
the complainant and had abused his wife Jayamma on the
ground that water used for washing vessels was allowed to
flow into their property. When the complainant’s son
Vasanth Kumar tried to intervene, accused No.1 who is the
son of accused No.2 allegedly assaulted Vasanth Kumar on
his head with iron hammer and petitioner allegedly
assaulted Vasanth Kumar with sickle. As a result of the
said injury, Vasanth Kumar collapsed on the spot and
though, he was shifted to the hospital, he succumbed to
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the injuries. The complainant and his wife Jayamma are
the eye witnesses to the incident. The petitioner has
allegedly assaulted complainant’s son Vasanth Kumar on
his head with sickle. The post mortem report of deceased-
Vasanth Kumar goes to show that Vasanth Kumar had
suffered two injuries on his head. Injury No.1 is C shaped
surgical stapled wound noted over the left occip
