Nandan vs State Of Karnataka

K. Natarajan, J

This petition is filed by petitioner/accused No.1 under Section 439 of Cr.P.C., for granting bail in Crime No.105/2020 registered by Abbinahole

Police for the offence punishable under Section 302 read with Section 34 of IPC.

The case of the prosecution is that on the complaint of one Lalitha, wife of the deceased - Srinivas filed before the police on 27.07.2020 alleging

that the accused No.2 - Gundappa is her brother-in-law and the younger brother of the deceased were having land adjacent to each other. There was

a dispute in respect of way to the land. That on 27.07.2020, when her husband came to the land at about 11.00 a.m., accused No.2 came near the

land, at that time, her husband questioned him why he drove his tractor on the land as it has spoiled the cultivation, at the time, accused No.2 picked up

quarrel with the deceased and this petitioner being the son of accused No.2 came by holding club and assaulted on the head of the deceased. Due to

which, he sustained injuries and he was taken to the hospital, where he was declared dead. The police arrested the accused on 28.07.2020 and he is in

judicial custody. He has approached the Sessions Court for grant of bail, which came to be rejected. Hence, he is before this Court.

Learned counsel for the petitioner has contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case.

Even otherwise, accused No.2 has been granted bail. The charge sheet is filed. Accused No.3 is already deleted by the police from the charge sheet.

The evidence of the complainant does not attract Section 302 of IPC and it may attract Section 304 Part (II) of IPC, which is not punishable with

death or imprisonment for life. The presence of this petitioner may not be required for further investigation except for trial. Hence, prayed for allowing

the bail petition.

Per contra, the learned High Court Government Pleader seriously objected the bail petition and contended that there are four eyewitnesses to the

incident for having committed murder of the deceased by accused No.1. Hence, prayed for dismissal of the bail petition.

Upon hearing the arguments and on perusal of the records it shows that of course the quarrel took place between both the brothers i.e., accused

No.2 and the deceased in respect of the accused drove the tractor on the land of the deceased. Whether the deceased himself is a aggressor or not is

a matter for trial. The quarrel took place between accused No.2 and the deceased, at the time, accused No.1, the present petitioner being the son of

accused No.2 took the club and assaulted on the head of the deceased, which caused injuries and lead to death. Therefore, at this stage, it cannot be

held that there was motive or intention to commit the murder of the deceased and assault him. During the quarrel took place between both the

brothers, this petitioner assaulted the deceased and caused injuries. Therefore, looking into the facts and circumstances of the case, I am of the view

that this petitioner is in custody from July, 2020 since more than 6 months and the charge sheet is filed long back in the month of October, 2020.

Accused No.2 is already released on bail he who is having similar allegations. Therefore, by imposing some stringent conditions, this petitioner is

entitled for bail. Hence, I pass the following:

ORDER

The criminal petition is allowed.

The trial Court/Committal Court is directed to release petitioner/accused No.1 on bail in Crime No.105/2020 registered by Abbinahole Police for the

offence punishable under Section 302 read with Section 34 of IPC, subject to the following conditions:-

i) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction

of the trial Court;

ii) Petitioner shall not indulge in similar type of offences;

iii) Petitioner shall not threat or tamper the prosecution witnesses directly or indirectly; and

iv) Petitioner shall take the trial without causing any delay.

If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.