Raju @ Devaraju vs State of Karnataka

A.S. Pachhapure, J.—The Petitioners are accused No. 5, 7, 8, 15 who have applied for bail having been arrested and charge sheeted for the offence punishable u/s 143 read with u/s 143, 147, 148, 302 R/w 149 of IPC and u/s 3(I)(xi) of SC/ ST Prevention of Atrocities Act.

The facts reveal that, there was a dispute between the deceased Honnamma with accused No. 1 relating to theft of trees. At this stage the accused No. 1 to 27 with an intention to cause the death of the deceased Honnamma, slapped her and thereafter when she fell down the accused threw a stones on the deceased and she was lifted and thrown in a dung pit and having found that she was still alive, the Petitioners and others assaulted the deceased with the stones and caused her death. It is also alleged that the Petitioners abused Honnarnema referring to her caste with an intention to lower down her dignity in the public view.

It is the contention of the Petitioners that the accused No. 2, 3, 4, 9, 10, 12, 13, 14, 16, 17 and 18 have been already released on bail So far as the accused No. 9 is concerned there is allegation made against him that he also threw a stone on the deceased.

The perusal complaint reveals that even the Petitioners had also thrown stones on the deceased when she was brought to the dung pit. So far as the Petitioners and accused No. 9 is concerned there is no motive to cause the death of the deceased. The motive is attributed only as against accused No. 1. In the circumstances as accused No. 9 who played same rote has been released, the Petitioners are also entitled for bail sought for. Further more investigation is over and charge sheet has been filed and the presence of the Petitioners is not necessary for the purpose of investigation. Taking into consideration these facts and circumstances, in my opinion the Petitioners are entitled for bail.

Hence, these petitions are allowed.

The Petitioners are ordered to be released on bail on their executing a personal bond for a sum of Rs. 25,000/- each with one solvent surety each for the like sum to the satisfaction of the Special Court with the further following conditions.

(i) They shall attend the court on all the dates of hearing.

(ii) The Petitioners shall not directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.