Ganapati and Others vs The State

Aravind Kumar, J.—1. Heard arguments of Sri. Anil Kumar Navadagi for Sri. Ustad Sadat Hussain, learned Advocate appearing for petitioners and learned Additional SPP appearing for respondent - State. Perused the records.

These two petitions have been filed by accused Nos. 1 to 4 who have been arraigned as such in Crime No. 180/2014 registered by University Police Station, Kalaburagi for the offences punishable under Sections 323, 324, 341, 504, 307 and 302 read with Section 34 of IPC.

The gist of prosecution case is that deceased Sri. Dattu had borrowed loan of Rs. 60,000/- from accused No. 1 and on 19.06.2015 when deceased along with his father was proceeding to purchase medicine, they were accosted by accused persons at about 7.30 p.m., near Kanakadas Circle and demanded repayment of loan borrowed by deceased and despite assurance given by deceased as well as his father who was accompanying deceased, they did not yield to their prayer and started assaulting deceased by heaping fisticuffs on them and after deceased fell down, accused persons lifted stones lying nearby and dropped it on the head of deceased, which resulted in head being crushed and later on at the behest and plea of deceased father, CWs. 8 and 9 intervened and pacified the quarrel.

It is also stated that on account of injuries having been sustained by deceased, he was shifted to hospital and on account of deceased not responding to treatment, he expired. On the basis of complaint filed by father of deceased on the mid night of 20.06.2015, police have registered a criminal case for offences punishable under Sections 341, 323, 324, 307 and 504 read with Section 34 of IPC and have investigated the matter. On account of death of Sri. Dattu, offence punishable under Section 302 of IPC also came to be registered against accused persons and charge sheet has been filed.

It is contention of learned Advocate Sri. Anil Kumar Navadagi appearing for petitioners that eyewitnesses C.W. 10 -Sri. Beerappa does not state about any overt act of accused Nos. 2 and 3 who are brothers of accused No. 1 and as such jurisdictional Investigating Officer has falsely implicated all the members of family and omnibus statement of CWs. 8 and 9 cannot form basis for implicating accused Nos. 2 and 3 and as such he seeks for petitioners i.e., accused Nos. 2 and 3 being enlarged on bail. He would also submits that except statement of complainant about overt acts of accused Nos. 1 and 4, there is no specific allegation with regard to these accused and considering the fact that cause of death of Sri. Dattu was due to injury sustained to haemothorax leading to cardio respiratory failure, same cannot be attributed to the overt act of accused persons. Hence, he prays for petitioners being enlarged on bail.

Per contra, learned Additional SPP would contend that not only statement of complainant but also statement of eyewitnesses would clearly implicate the accused persons and said statements also reveal overt act of accused persons and hence, he prays for rejection of the petition.

Perusal of material on record would indicate that complaint has been lodged by father of deceased who was accompanying deceased on the date of incident. Statement of the complainant came to be recorded by the jurisdictional police at United Hospital at about 1.00 a.m. on 20.06.2015 where deceased had been admitted for being treated. Perusal of said statement would clearly indicate about the overt acts of accused persons i.e., accused Nos. 1 to 4. C.W. 10 - Sri. Beerappa has also stated that accused Nos. 2 and 3 had slapped father of deceased and he has stated that accused persons had heaped stones on the head of deceased. It is no doubt true that omnibus statement has been made by C.W. 10 - Sri. Beerappa. However, statement of CWs. 8 and 9 though contended the same also to be omnibus statement, it could be seen from the said statements that all accused persons have been implicated by CWs. 8 and 9 stating that they had indulged in heaping stone boulders on the head of deceased which resulted in grievous injuries being sustained by deceased. That apart, statement given by father of deceased immediately within six hours from the time of incident would clearly speak about specific overt acts of accused persons. Postmortem report would indicate that deceased had also sustained injury to brain and opinion for cause of death was due to blunt injury to the chest resulting in haemothorax which lead to cardio respiratory failure. Since, there is specific statement made by the complainant i.e., father of deceased who was accompanying the deceased at the time of incident that petitioners had also assaulted the deceased and had hit him with stones and CWs. 8 and 9 also stating that deceased had been hit with stones resulting in deceased sustaining injuries to head as well as thoracic part of body of deceased are all facts which will have to be thrashed out during trial. Actual overt acts of petitioners are require to be proved by prosecution and in that view of matter, this Court is of considered view that petitioners would not be entitled for being enlarged on bail.

Hence, I proceed to pass the following:

ORDER

Criminal petitions are hereby dismissed.