Muniyappa, S/O Pillappa & Others vs State Of Karnataka

G Basavaraja, J

Heard Smt. Irfana Nazeer, learned counsel for Sri. Manjunath B.R, learned counsel for the the petitioner and Sri. H.S.Shankar, learned High Court Government Pleader for the respondent-State. Perused the records.

The present petition is filed under Section 439 of Cr.P.C.

On the basis of complaint filed by Somashekhar N., Kodigehalli Police have registered a case in Cr.No.65/2023 against the accused No.1 to 9 for the commission of offences punishable under Sections 143, 147, 148, 307, 323, 324, 354, 392, 504 and 506B R/w Section 149 of IPC.

The brief facts of the prosecution case is that:

It is the case of the complainant that on 14.03.2023, the complainant and his brother and friends had been to Hosakote in order to attend a function, while they were standing, the accused No.1 drove his car in a high speed and negligently, when the brother of complainant by name Venkatesh questioned the accused No.1 and for which there was altercation, the accused No.1 threatened the brother of complainant with dire consequences. They returned to Kodigehalli by 6.45 p.m. and when they were standing infront of the house of his brother Venkatesh, accused No.1 started to quarrel with them with regard to the above incident, by that time the wife of accused No.1 and his children abused the complainant and others in filthy language, the accused No.1 with an intention to kill the brother of complainant assaulted on his neck with a knife and caused bleeding injury, when complainant intervenes, he has also sustained injuries to his finger, the complainants' brother son went to pacify the same, the accused persons have also assaulted him with hands, legs, sister-in-law of the complainant was also abused in filthy language and assaulted with hands and legs and her mangalya chain was snatched by outraging her modesty, as a result she sustained injury to her neck. Thus the accused have committed alleged offences.

It is submitted by the learned counsel for the petitioners as well as learned HCGP that the injured have already discharged from the hospital. Since from the date of arrest i.e., 16.03.2023 the petitioners are in judicial custody. The petitioners are not required for further investigation.

Considering the nature and gravity of offence, antecedent, petitioners' age and occupation, it is just and proper to release the petitioners/accused No.6, 8 and 10 on bail.

Accordingly, I proceed to pass the following:

ORDER

a. The criminal petition is allowed.

b. Petitioner/accused Nos.6, 8 and 10 are directed to be enlarged on bail by taking a bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety for the likesum to the satisfaction of the concerned court.

c. Petitioners/accused Nos.6, 8 and 10 shall not directly or indirectly tamper or threaten the prosecution witnesses in any manner.

d. Petitioners/accused Nos.6, 8 and 10 shall attend the court regularly.

e. Petitioners/accused Nos.6, 8 and 10 shall not commit similar offences.

Violation of any one of the conditions would entitle prosecution to seek for cancellation of bail.

At the request of learned counsel for the petitioners, office is directed to issue a copy of this order to the learned counsel for the petitioners.