Laxman S/o Bhaganna Horamani, & Ors. vs The State of Karnataka

This petition is filed by the petitioners/accused Nos.2 to 8 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.55/2017 of Wadigere Police Station, Dist. Yadgiri, registered for the offences punishable under Sections 506, 504, 143, 147, 148, 307, 323, 324, 354 R/w Section 149 of IPC and also Sections 3(1)(r), 3(1)(s), 3(1)(w) of SC and ST (Prevention of Atrocities) Act.

Brief facts leading to filing of the complaint are that, there was a land dispute between the petitioners, accused No.1 and the brother of the complainant. On 22.04.2017 at about 5.00 p.m., the petitioners along with accused No.1 with an intention to finish off the brother of the complainant Rajkumar, came to in two cars and one motorcycle by holding deadly weapons and by seeing the same, the complainant locked the door of the room wherein Rajkumar was sleeping and when the mother of the complainant questioned the petitioners, then accused No.1 started to assault the complainant, her mother and sister and caused the simple hurt and injuries and they also tried to commit their murder and when some people who have gathered have came to separate the scuffle, at that time, accused No.1 abused one Mangalamma by taking the name of her caste and thereafter the petitioners along with accused No.1 have assaulted the other persons and abused in filthy language. On the basis of the complaint, a case has been registered against the accused persons.

I have heard the learned counsel for the petitioners and the learned Additional State Public Prosecutor appearing for respondent-State.

The main grounds urged by the learned counsel for the petitioners are that the complaint was mainly filed with an intention to harass the petitioners with political motive. The petitioners are absolutely not involved in the alleged offence and they have not played any active role. It is also contended that the provisions of SC/ST Act are also not attracted and the petitioners have been implicated with a malafide intention. It is further contended that the injured persons have not sustained any grievous injuries, they have been discharged from the hospital and they are out of danger. The alleged offences are not punishable with death or imprisonment for life. It is further contended that the petitioners are from respectable families and they have got both movable and immovable properties, therefore, there is no chance of they being absconded. Further, it is contended that if the petitioners are enlarged on bail, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.

On the contrary, learned Additional State Public Prosecutor appearing for the respondent-State would contend that petitioners because of the earlier ill- will, came to the place of the complainant and they were intending to finish off Rajkumar, who was there in the house and they have abused by taking the name of his caste and they also assaulted him and about five persons have sustained injuries in the alleged incident. He would also contend that the petitioners are absconding and they were not available for the purpose of investigation or interrogation. He would further contend that at this juncture, if the petitioners are released on bail, they may abscond and they may not be available for trial. On these grounds, he prays for dismissal of the petition.

I have gone through the copy of the complaint and other material produced along with the petition.

By going through the contents of the complaint, it indicates that there was a land dispute between the petitioners, accused No.1 and the brother of the complainant and on the alleged date of incident, the petitioners along with accused No.1 went to the place of the complainant and abused him in filthy language and they have also assaulted five persons including the complainant. By going through the wound certificate issued by the District Hospital, Yadgiri, two persons have sustained simple injuries and other persons have not sustained any injuries. Taking into consideration the above facts and circumstances, the alleged offences are not punishable with death or imprisonment for life and the injured persons are out of danger. Under such circumstances, I feel that by imposing some stringent conditions if the petitioners are released on bail, it would meet the ends of justice.

For the aforementioned reasons, the petition is allowed.

The respondent-Police are hereby directed to release the petitioners/accused Nos.2 to 8 on bail, in the event of their arrest, for the above said offences, subject to the following conditions :-

i. The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties each for the likesum to the satisfaction of the arresting authority.

ii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly.

iii. The petitioners shall appear before the investigating officer as and when required and co-operate for investigation.

iv. The petitioners shall mark attendance before the concerned police every fortnight till the chargesheet is filed.

v. The petitioners shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within thirty days from the date of receipt of certified copy of this order.