Mallappa and Others vs The State of Karnataka

Jawad Rahim, J.—The petitioners, who are ranked as accused Nos. 3 to 7 along with two more accused, are facing charges for offences punishable under Sections 143, 147, 324, 326, 307, 436, 504, 506, 302 read with Section 149 of I.P.C. and Section 3(1)(x), 3(1)(xi), 3(2)(iii), 3(2)(iv), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in Crime No. 19/2012, which is converted to Special Case No. 16/2012. They seek bail while in judicial custody. The prosecution has opposed the grant of bail.

Heard both sides. Perused the record. It reveals:

One Basavaraj Gali lodged a report on 01.02.20.12 at Bagalkot Rural Police Station against the petitioners and two others alleging that on the night of 31.01.2012 and in the early morning of 01.02.2012 at 1.00 a.m., while he was sleeping with his parents and wife, they heard someone calling for them. As they woke up, they heard several persons outside their house challenging their father Yallappa Sanjeevappa Gali to come out and face them if he has any guts. The complainant and his father opened the door to know who was indulging in such threats. They saw accused No. 1/Laxman Hanamanth Gali and accused No. 2/Basavaraj Ramappa Kudiwal along with petitioners. They were all armed with dangerous objects and questioned the complainant''s father as to how he could resist and challenge them in elections. So saying, they charged at complainant, his wife and his father/Yallappa. Accused No. 1/Laxman and accused No. 2/Basavaraj are said to have poured kerosene on the complainant, his wife and father, while petitioners started promoting and instigating accused Nos. 1 and 2 to set them on fire and kill them. As the complainant and his family members tried to rush into the house, at the instance of petitioners, accused Nos. 1 and 2 lit a match-stick and threw at them and set them on fire. The fire spread and engulfed them resulting in grievous injuries.

Based on the report, a case was registered and during investigation, Yallappa succumbed to the injuries. Complainant''s wife is said to be still in the treatment. On the basis of such statement and the material collected during investigation, final report was filed, indicting all of them for the principal charge punishable u/s 302 of I.P.C. apart from other offences referred to in the paragraph supra.

Petitioners'' counsel submits that petitioners are innocent. They have not indulged in any act as alleged. He submits, even if there is any allegation of setting on fire, it is only against accused No. 1/Laxman and accused No. 2/Basavaraj, who are not petitioners in this case. He submits that the only role attributed to the petitioners is alleged incitement, but as could be seen they have nothing to do with the incident in question.

Learned Addl. SPP, Sri. V.M. Banakar, has reiterated the statement in the complaint to show the accused preplanned the attack and caused injuries on the person of the victims.

A perusal of the material on record would show the entire allegations are directed against accused Nos. 1 and 2 who are said to be the aggressors, who had set fire to the complainant and his family members, pouring kerosene and petrol. As far as petitioners are concerned, they are said to be in the company of accused Nos. 1 and 2 and instigated them to finish of the victims. There is no other overt-acts attributed to the petitioners. Therefore, it is seen, if the petitioners had intention to kill the victims, they also would have acted in concert with accused Nos. 1 and 2. The fact that they did not indulge in any overt-act indicates that the intention was not to cause harm. Merely because, they are said to have instigated the accused Nos. 1 and 2 is no ground to hold that they are innocent. However, it is seen after their arrest more than a year ago, they have been interrogated and confined to prison. There is no allegation from prosecution that they had attempted to tamper prosecution witnesses or there is any threat of retaliation. Considering all attending circumstances and the overt acts attributed to each of the accused, I am of the opinion they could be trusted with bail with appropriate conditions.

Hence, the petition is allowed. The petitioners are admitted to bail subject to following conditions:--

i. The petitioners shall execute bond for a sum of Rs. 50,000/- each with one surety for the like sum to the satisfaction of the trial Court;

ii. They shall report before the S.H.O. of the complainant police station once in fifteen days on Saturday during 7.00 a.m. and 7.00 p.m.

iii. They shall not tamper with the prosecution material or prevail upon the witnesses by any means.

iv. They shall not indulge in any act of violence against the complainant and/or the witnesses.