Rajashekara Murthy and Others vs The State of Karnataka

A.V. Chandrashekara, J.—Petitioners are accused Nos. 1, 2, 6,9 and 11 in a criminal case in Crime No. 142/15 on the file of Chamarajanagar police station. After concluding investigation, charge sheet is filed under Sections 143, 144, 147, 148, 341, 114, 323, 324, 326, 504, 302 read with Section 149, I.P.C. Apprehending arrest at the hands of the respondent-police, they have filed this petition under Section 438, Cr.P.C. seeking anticipatory bail.

The case on hand relates to the murder of two persons namely Mahendrakumar @ Girish and Shivakumar Swamy by the accused of Crime No. 142/15.

Learned HCGP has vehemently opposed the bail application on the ground that these petitioners were not available during investigation and had absconded themselves and therefore they are absolutely required for further investigation, although charge sheet is filed. It is argued that prima facie case is forthcoming in regard to the participation of these petitioners pertaining to the murder of the two persons named above and injury caused to other persons. Taking into consideration the gravity of the offences and the nature of allegations made against these petitioners, he has requested this court to dismiss the bail application.

Heard the learned counsel for the petitioners and perused records.

First Information came to be lodged by one Mallikarjunappa aged 33 years, a resident of Kilagere village, Chamarajnagar District, at 3.00 a.m. on the early morning of 31.5.2015. From the very first information, lodged by him, it is forthcoming that there was a dispute between Shivanandappa (paternal uncle of the complainant) and Rajashekara Murthy relating to milk dairy affairs. The first informant and his people had canvassed for Smt. Bhadramma who had stood for Panchayat elections. According to him, Rajashekara Murthy and his people did not like this and they had a grudge against him. On the night of 30.5.2015, the first informant, Ravi, Mahendra Kumar @ Girish, Shivakumar Swamy, Gangadhar, Sadananda Swamy, Siddlinga Swamy, Mahadev Swamy and Channamallappa were talking to each other near Basaveshwara Temple in Kilagere village. At that time, 1st accused-Rajashekara Murthy, 2nd accsued-Nanjundappa, Nagappa, Basavarajappa, Shivamurthy, 6th accused-Kumar, Ankappa, Mallikarjun, Umesh, Manukumar, Shivaprasad, Sadashivappa, Mahadev Swamy, Shivashankarappa and Shankarappa came there and formed an unlawful assembly holding choppers, clubs, stones and wooden pieces and committed rioting and 1st accused-Rajashekara Murthy abused all of them stating that they had taken active part in the election and that they would be taught a lesson.

When Shivakumar Swamy asked as to why he was abusing them, and when he was going back to his house along with Mahendrakumar @ Girish, Nanjundappa and Nagappa stopped them and threatened that the whole village was divided into two groups because of them. Saying so, Rajashekara Murthy assaulted Mahendrakumar @ Girish on his head with a club; Nanjundappa hit Girish with a chopper and Nagappa hit with a stone. Basavaraju hit Girish with a chopper and Mallikarjuna also hit Girish with a wooden reaper. As a result of the same, Mahendrakumar @ Girish fell down. Shivakumar Swamy was assaulted with a club by Mallikarjuna, with a club by Manukumar and with a chopper by Sadashivappa. Shivashankarappa and Shankarappa hit Shivakumar Swamy with wooden reapers on different parts of the body. Mahadev Swamy trampled upon Shivakumar Swamy on his neck. When the first informant tried to intervene and save them, Ramesh assaulted the first informant with a club and Gangadhar, Ravi, Channamallappa, Siddaling Swamy, Sadananda Swamy were also assaulted by Lokesh, Bellappa and Shivananjappa and Shivananjappa and the others were exhorting them.

As a result of the severe injuries sustained by Mahendrakumar @ Girish and Shivakumar Swamy, all of them were taken in an ambulance to Gundlupet and Chamarajanagar, but they died by the time they reached the hospital. After keeping the dead bodies in the mortuary, the first informant lodged a report to the police on the basis of which a case came to be registered in Crime No. 142/15.

What is argued before this court by the learned counsel for the petitioners, Mr. D.S. Hosmath is that investigation is completed and charge sheet is filed and that no prima facie case is forthcoming in regard to the participation of these petitioners. But on going through the first information, it is forthcoming that serious overt acts have been attributed to Rajashekara Murthy, Nanjundappa and Shivaprasad since they had assaulted with deadly weapons to cause fatal injuries. The statements of material witnesses came to be recorded and it is thereafter the names of accused Nos. 6 and 9 (Kumar and Umesh respectively) were disclosed to the police.

Whether such belated disclosure of the names to the police would inspire the confidence of the court or not and whether there was embellishment will have to be ascertained at the time of trial. Suffice to state that the names of petitioners 3 and 4 is not found in the detailed first information lodged by the first informant. The names of accused Nos. 1, 2 and 11 are specifically forthcoming in the first information and serious overt acts are attributed to them. Taking into consideration the death of two persons and serious overt acts attributed to accused Nos. 1, 2 and 11, they are not entitled to be released under Section 438, Cr.P.C.

Insofar as accused No. 6 and 9 are concerned, they have undertaken to obey any condition that may be imposed upon them. This observation is made for the limited purpose of disposing of the bail application and shall not influence the learned judge while deciding the case on merits. They are permanent residents of Kilagere village having roots in the community. Thus the apprehension of the learned HCGP can be met by imposing suitable conditions.

In the result, the petition filed under Section 438, Cr.P.C. is allowed in part, rejecting bail to petitioner Nos. 1, 2 and 5 who are accused Nos. 1, 2 and 11 respectively. Anticipatory bail is granted to petitioner Nos. 3 and 4, viz., Kumar (accused No. 6) and Umesh (accused No. 9) subject to the following conditions:

"a) They shall surrender before the jurisdictional police station on or before 30.11.2015 and in such event, they shall be released on bail on executing a personal bond in a sum of Rs. 2,00,000/-each with one surety for the like sum to the satisfaction of the concerned court at Chamarajanagar;

b) They shall not hold out threats to the prosecution witnesses or lure them in any manner;

c) They shall not involve in any criminal activity and shall co-operate with the investigating officer in conducting further investigation;

d) They shall attend the court on all the dates of hearing and shall mark their attendance at the jurisdictional police station on every Sunday between 9.00 a.m. and 5.00 p.m. without fail till the disposal of the case;

e) It is made clear that if petitioners 3 and 4 violate any one of the conditions mentioned above, prosecution will be at liberty to seek for cancellation of bail from the concerned court."