Parasappa vs State Of Karnataka

Venkatesh Naik T, J

Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent – State.

Accused No.1 has filed this petition under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) seeking grant of bail in Crime No.42/2025 of Amengad Police Station, for the offences punishable under Sections 189(2) 191(2), 115(2), 109, 352 and 126 (2) read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short) on the file of the Senior Civil Judge and JMFC, Court Hunagunda.

Brief facts of the prosecution case are as under:

The complainant and the accused persons are relatives and resident of Aihole village and there is property dispute between the complainant and accused in respect of house VPC No.817. The first informant had been to labour work to Mangaluru and returned on 27.03.2025 for performing Ugadi festival and came to know that the lock of his house was broken. Hence, enquired with his brother Parasappa (accused No.1). Thus, accused No.1 took quarrel with him and abused him in filthy language and intentionally insulted him. Thereafter accused Nos.1 to 15 formed an unlawful assembly and all of them tied the first informant to a tree with rope and assaulted with hands and legs. Accused No.1 assaulted him with iron road on the head hence he sustained injury and later the first informant lodged a complaint. This led to registration of FIR and investigation.

Learned counsel for the petitioner contended that the petitioner is innocent, and there are no criminal antecedents. The complainant is already discharged from the hospital and he is leading a normal life. The complainant has not sustained any grievous injuries. The petitioner is the sole bread earner of his family. The petitioner is ready to abide by conditions that may be imposed by this Court. Hence, prayed for grant of bail.

Per contra, learned High Court Government Pleader contended that there is a prima facie material against the accused, he has attempted to commit murder of first informant. If he is released on bail he may threaten the complainant and would hamper the investigation as well as the trial. Thus, she prayed to reject the bail petition.

On perusal of the material available on record, it appears that on 27.03.2025 in the morning, when the first informant came to his village and saw the door of his house kept under lock, was broken. Thus, he enquired with accused No.1. In turn accused No.1, took quarrel with him and assaulted with iron rod on his head. The wound certificate issued by the District Hospital, Bagalakote reveals that the first informant sustained 1) sutured wound over the parietal region of scalp measuring 5x5 cms, 2) sutured wound over the occipital region of scalp measuring 2x5 cms and 3) contusion measuring 4x4 cms on the left leg. Thus, the injured treated by the doctor as out patient and he is out of danger.

Admittedly, the alleged offences are not punishable with death or imprisonment for life. It is well established principles of law that, while considering the bail application, the Court has to consider the nature of offences, circumstances in which offences committed, position and status of the accused, likelihood of he fleeing away from the justice, repeating same offences, tampering with witnesses, character and antecedents of the accused. Further the law is well settled that, while disposing of the bail petition, Court need not scan the prosecution papers and hold a mini trial. In this case there is civil dispute between the parties. Keeping all these factors in mind and careful perusal of the entire material on record, this Court is of the opinion that, this is a fit case to grant bail. Accordingly, I proceed to pass the following:

ORDER

The criminal petition is allowed. The petitioner / accused No.1 is ordered to be enlarged on bail in Crime No.42/2025 of Amengad Police Station registered for the offences punishable under Sections 189(2) 191(2), 115(2), 109, 352 and 126 (2) read with Section 190 of Bharatiya Nyaya Sanhita, 2023 (“BNS” for short) on the file of the Senior Civil Judge and JMFC, Court Hunagunda, on the following conditions.

(i) The petitioner / accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/-with two sureties for the likesum to the satisfaction of the Jurisdictional Court.

(ii) The petitioner shall not tamper the prosecution witnesses and threaten the complainant.

(iii) The petitioner shall mark his attendance on 1st Sunday of every month for a period of six months or till filing of final report whichever is earlier.

(iv) The petitioner shall attend the trial Court regularly.

(v) The petitioner shall not leave the jurisdiction of the Trial Court without permission.

(vi) The petitioner shall not involve in the similar offences.

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