Shankarappa @ Shankraiah vs State By Town Police

K. Natarajan, J

1.. This petition is filed by the petitioners-accused Nos.1 to 4 under Section 439 of Cr.P.C. for grant of bail in Crime No.236/2020 registered by the

Gubbi Police Station, for the offences punishable under Sections 324, 326, 302 read with Section 34 of IPC.

Heard the arguments addressed by the learned counsel for petitioners and the learned High Court Government Pleader for respondent - State and

perused the records.

Brief facts of the case of the prosecution is that one Sri Guruprasad lodged a complaint to the police on 07.11.2020 alleging that on 06.11.2020

between 2 and 2.30 p.m. while his father Siddalingappa and his brother Sudhakara and his uncle Vijayakumar were cleaning their land at Adaguru

Village, at that time petitioners-accused, who are adjacent land owners, picked up quarrel with the father of the complainant at about 2.00 p.m.

Accused No.1 held his father and accused No.3 assaulted on his head with iron rod, accused No.4 assaulted with hands on his stomach and legs and

caused bleeding injuries. When his brother Sudhakar and uncle Vijayakumar came for his rescue, accused No.4 assaulted Sudhakar with club on his

head and right shoulder and accused No.3 assaulted Vijayakumar with club on his head and right shoulder. The injured were taken to Hospital in an

ambulance for treatment, but on 7.11.2020 at 7.30 a.m., the father of the complainant succumbed to the injuries. Based on the complaint, police

registered a case in Crime No.236/2020 and during investigation arrested the petitioners on 14.11.2020 and remanded them to judicial custody.

Petitioners moved a bail petition before the Sessions Judge, which came to be dismissed; hence, they are before this Court.

Upon hearing the arguments addressed by the learned counsel for the petitioners and learned High Court Government Pleader for the respondent -

State and looking to the records it reveals that the death occurred in the land when the adjacent owners picked up quarrel with the deceased and there

was civil case pending between them and the case was decree in favour of the father of the petitioners on 16.09.2019 and thereafter accused persons

using the said land. Therefore, there was quarrel between the deceased and accused persons. During that quarrel the accused persons assaulted the

deceased and they also assaulted the persons who came for his rescue and father of the complainant succumbed to the injuries due to the injury

sustained on his head caused by accused No.3 - Kumarswamy @ Kumara, which is a fatal injury. Remaining accused kicked and assaulted with hand

and held the deceased while assaulting by accused No.3. Of course the age of the deceased was years. Looking to the overt-acts of the accused

persons there was quarrel between the deceased and accused persons and accused No.3 assaulted the deceased with iron rod on the head of the

deceased which caused his death. Investigation is already completed and charge-sheet is filed by the police. The eyewitnesses also stated about the

overt-acts of the accused persons. Therefore, looking to the facts and circumstances of the case, I am of the view that accused No.3 -

Kumaraswamy @ Kumar is not entitled for bail. Whereas, accused Nos.1, 2 and 4 are concerned, without expressing any opinion on the merits of the

case, if they are granted bail by imposing certain conditions, no prejudice would be caused to the case of the prosecution. Hence, I pass the following

order:

ORDER The petition is allowed in part. The petition by accused No.3 is dismissed.

The trial Court is directed to release the petitioners-accused Nos.1, 2 and 4 on bail in Crime No.236/2020 registered by the respondent Police Station

for the offence punishable under Sections 324, 326, 302 read with Section 34 of IPC, subject to the following conditions;

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

satisfaction of the concerned trial Court;

(ii) Petitioners shall not indulge in similar offences strictly;

(iii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;

(iv) Petitioners shall appear before the trial Court regularly for trial.