Mahadeva Setty and Others vs State of Karnataka

A.V. Chandrashekara, J.—Criminal Petition No. 1116/2015 is filed under Section 439 of Cr.P.C. by accused No. 5 and Criminal Petition No. 1115/2015 is filed under Section 438 of Cr.P.C by accused No. 4 and 6 in respect of a case registered in Crime No. 210/2014 on the file of Gundlupet Police Station. Offences are punishable under Sections 143, 147, 148, 341, 323, 307 r/w 149 of IPC. In Criminal Petition No. 1116/2015, petition against petitioner Nos. 1 and 2 i.e., accused Nos. 1 and 2 has been dismissed as not pressed.

Bail application filed on behalf of the petitioners has already been dismissed by the Court of the Sessions Judge and PO, FTC, Kollegal sitting at Chamarajanagar on 27.1.2015 in Crl. Misc. Case No. 499/2014.

The first information was lodged by one Raju at about 9.45 p.m. on 2.12.2014 before the Sub-Inspector of Police. According to the complainant, on 2.12.2014 at about 4.00 p.m. when Siddashetty and Siddamma were returning from agricultural land, Mahadevashetty, his wife Sanna Madamma, daughter Jayamma picked up quarrel with Siddashetty and all of them attempted to murder them with chopper. Siddashetty was assaulted with chopper and Siddamma was assaulted with clubs on her head. Later on, the first informant and the Tavaregetti Villagers rescued the injured and shifted the injured Siddashetty and Siddamma to Government Hospital, Gundlupet. On the advice of the doctors, they were shifted to Mysore. Siddashetty succumbed to injuries in the hospital. The assault was made with an intention to murder Siddashetty and his wife Siddamma. When Siddashetty died in the hospital, further statement was given by the first informant. He has given graphic details of the incident that took place on 2.12.2014.

Learned Government Pleader has opposed the bail application on the ground that prima facie case is forthcoming in regard to participation of these accused in the murder of Siddashetty and assault made on Siddamma.

As could be seen from the records, accused No. 3 gave a fatal blow on the head of the deceased Siddashetty and he has not applied for bail before this Court.

Statement of Siddamma injured would go to show that Jayamma assaulted her with chopper and caused injury. Injury sustained by Siddamma was simple in nature and it is evident from wound certificate produced by the petitioner along with charge sheet. Accused No. 6 Mangalamma is stated to have assaulted Siddamma with stone on her head but no injury is forthcoming on the head of Siddamma in the wound certificate. Sanna Madamma is stated to have assaulted CW-4 with chopper and it is simple in nature.

Anyhow these petitioners have not assaulted Siddashetty in any manner. It is a very moot point at this stage as to whether these petitioners could be roped in for the offences punishable under Section 302 of IPC. All these petitioners are ladies and

Admittedly, petitioners are permanent residents of Kathanur Village and have roots in the community. The petitioners have undertaken to obey any conditions imposed on them. The apprehension of the learned Government Pleader would be suitably met with by imposing certain conditions.

In this view of the matter, petitions are allowed and bail is granted to the petitioners, subject to the following conditions:--

"(i) Petitioner/accused No. 5 in Criminal Petition No. 1116/2015 shall be released on bail on them executing a personal bond for a sum of Rs. 75,000/- with one surety, for the likesum to the satisfaction of the learned Sessions Judge/JMFC.

(ii) Petitioners/accused Nos. 4 and 6 in Criminal Petition No. 1115/2015 shall surrender before the I.O. of the jurisdictional police station on or before 10.4.2015 and in such event, petitioner shall be released on executing a personal bond in a sum of Rs. 75,000/- each with one surety for the like sum to the satisfaction of the I.O.

(iii) Petitioners shall not tamper or attempt to tamper any of the prosecution witnesses.

(iv) Petitioners shall not hold out threats to the prosecution witnesses or lure them in any manner.

(v) Petitioners shall not involve themselves in any criminal activities.

(vi) Petitioners shall attend the Sessions Court regularly on all dates of hearing and shall cooperate with the learned Sessions Judge to hold the trial.

(vii) Petitioners shall mark attendance at the Jurisdictional Police Station on every second Sunday of the month between 9 a.m. to 5 p.m. for a period of one year from the date of their release without fail.

(viii) If the petitioners violate any one of the conditions, the prosecution is at liberty to seek for cancellation of bail."