Mahantesh vs State Of Karnataka

S.Vishwajith Shetty, J

The petitioner, who is accused No.1 in Crime No.120/2020 registered by Bheemarayanagudi Police Station, Dist. Yadgiri, for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307, 504, 506, 114 R/w. Section 149 of the IPC, which is now pending before the Sessions Judge, Yadgir, in S.C.No.61/2021, has approached this Court under Section 439 of Cr.P.C., seeking regular bail.

Heard the learned counsel for the petitioner as well as the learned HCGP for the respondent.

It is the case of the prosecution that, on 19.10.2020, one Prakash, S/o. Shivappa Shetty, had lodged a written complaint before the Bheemarayanagudi Police Station, alleging that, on 19.10.2020, at about 9.00 am, when he was sitting in front of his house, his paternal uncle Shantaveer came there from Kalaburagi. The accused persons, who were nurturing ill-will against the complainant and his family members, all of a sudden came near the house of the complainant armed with deadly weapons forming themselves into an unlawful assembly and assaulted Shantaveer and other family members of the complainant. Even the complainant was allegedly assaulted and he also suffered injuries in the incident. When the complainant and his family members raised a hue, the relatives of the complainants came there and at their interference, the accused persons left the spot by threatening the complainant and other injured persons with dire consequences to their life in future.

On the basis of the complaint lodged by the aforesaid Prakash, a FIR was registered in Crime No.120/2020 by Bheemarayanagudi Police Station, against the petitioner herein and 11 others. The petitioner was arrayed as accused No.1 in the FIR.

Earlier the petitioner had approached this Court under Section 438 Cr.P.C., seeking anticipatory bail. The same was dismissed by this Court in Criminal Petition No.201262/2020 on 18.01.2021. Subsequently, he had filed yet another petition under Section 438 Cr.P.C. before this Court in Criminal Petition No.200798/2021 and the said petition was dismissed on 02.07.2021. Subsequently, the petitioner has voluntarily surrendered before the jurisdictional Magistrate on 17.07.2021 and he was remanded to custody. Since then he is in custody. His regular bail application filed before the jurisdictional Sessions Court in S.C.No.61/2021 has been dismissed on 06.09.2021. Therefore, the petitioner is before this Court.

Learned counsel for the petitioner submits that, admittedly, there is a case and counter case with regard to the incident in question and the petitioner is also grievously injured in the incident. He submits that the petitioner has suffered multiple fracture injuries and he was admitted as inpatient in the hospital. He submits that the petitioner is in custody ever since 17.07.2021 and investigation is completed and charge sheet has been filed. He also submits that the accused persons in the counter case as well as all other accused in the present case have been enlarged on bail and therefore, he prays that, even the case of the petitioner may be considered for grant of regular bail.

Per contra, learned HCGP opposing the bail petition submits that, the petitioner is involved in a heinous case involving offence under Section 307 of IPC. He submits that there are serious allegations against the petitioner and he has assaulted the injured persons with deadly weapons. He therefore prays to dismiss the petition.

I have carefully considered the rival arguments and perused the material on record.

It is not in dispute that, in respect of the incident that had taken place on 19.10.2020, there is a case and counter case registered. While on the basis of the complaint registered by Prakash S/o. Shivappa Shetty, Bheemarayanagudi Police Station had registered Crime No.120/2020 against the petitioner herein and other accused, on the basis of the complaint by one Manappa, FIR was registered in Crime No.121/2020 against Shanthveera and seven others for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 307, 504, 506, 114 read with Section 149 of IPC. Even in Crime No.121/2020, offences punishable under Sections 326 and 307 of IPC have been invoked. Therefore, it is very clear that, on both sides, the injured persons have suffered grievous injuries. The petitioner has submitted that all other accused persons, except the petitioner, have been enlarged on bail in the present case and insofar as the counter case is concerned, all the accused persons have been enlarged on bail. It is not in dispute that the petitioner is not involved in any other criminal case. The petitioner has pleaded that he is an agriculturist. The petitioner is in custody ever since 17.07.2021. The investigation in the case is completed and charge sheet has been filed.

Under the circumstances, taking into consideration all these aspects of the matter, I am of the considered view that the petitioner's case for grant of regular bail is required to be considered favourably. Accordingly, following order:

ORDER The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in respect of Crime No.120/2020 registered by Bheemarayanagudi Police Station, Yadgir, for the offences punishable under Sections 143, 147, 148, 341, 323, 324, 326, 307, 504, 506, 114 R/w. Section 149 of IPC, which is now pending before the Sessions Judge at Yadgir in S.C.No.61/2021, subject to the following conditions:

i. The petitioner shall execute a personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakh Only), with two sureties for the likesum to the satisfaction of the trial Court.

ii. The petitioner shall appear before the trial Court on all dates of hearing without fail, unless the trial Court exempts his appearance for valid reasons.

iii. The petitioner shall not tamper with the prosecution witnesses either directly or indirectly.