Shantappa & Ors vs The State of Karnataka

The present petition is filed by the petitioners/accused Nos.1 to 5 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.57/2017

of Narayanpur Police Station, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 R/w Section 149 of

IPC.

The case of the injured complainant is that, on 15.11.2017 at about 10.30 a.m. when he was returning home after dropping his ward to school,

he saw that the accused were quarreling with his brother and sister-in-law and accused Nos.1, 3 and 7 were assaulting his brother with hands and

accused Nos.1, 6 and 8 were assaulting his sister-in-law with hands. That, the motive for assault is demand by his elder brother to repay the loan

advanced by the first accused. That, the complainant is said to have intervened to pacify the quarrel at which point, the accused abused him and

accused Nos.2 and 3 have assaulted him with hands and accused No.4 is said to have assaulted him with stick. Further, accused No.1 is said to

have assaulted the complainant with an axe on his head. Thereafter, the other villagers are said to have intervened and pacified the quarrel. That,

accused Nos.5, 6 and 1 gave a life threat to them while leaving the place. On these allegations, the respondent-police have registered a case in

Crime No.57/2017 for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 R/w Section 149 of IPC.

Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

Learned counsel for the petitioners after arguing the matter for sometime prays leave of the Court to withdraw the petition in respect of

petitioner No.1 who is arrayed as accused No.1. With regard to the other petitioners, he would submit that the petition be considered on merits

and be ordered accordingly.

It is submitted by the learned counsel for the petitioners that accused Nos.6 and 8 have already been released on bail. It is submitted that even

as per the complaint allegations, petitioner Nos.2 to 5 are said to have assaulted the elder brother of the complainant with their hands and legs and

that there is no allegation of assault against the complainant. It is further submitted that petitioner No.4 infact is a minor and aged about 14 years,

but is deliberately described as aged being 19 years and that accused No.4 is a juvenile. It is also submitted that the other members of the family

have been implicated in order to wreck vengeance and that petitioner Nos.2 to 5 are wholly innocent of the offences alleged against them. Hence,

he would pray that the petition be allowed.

Per contra, learned counsel High Court Government Pleader would submit that all the accused have participated in the assault on the

complainant and his brother. But, he would fairly admit that the elder brother of the complainant has not suffered any injury, nor is there any record

to demonstrate of the brother having been medically examined. It is no doubt a fact that the complainant has been examined by the doctor, who

has opined that the injuries are grievous in nature. He would further fairly submit that the complainant has been discharged from the medical care

after few days thereafter.

In view of the above and in view of the fact that even as per the complaint, the only allegation against petitioner Nos.2 to 5 is that they have

assaulted the complainant with their hands and sticks, this Court does not find any good ground which warrants their custodial interrogation.

Accordingly, the petition in respect of petitioner Nos.2 to 5 is allowed and the petition in respect of petitioner No1 is dismissed as withdrawn. The

respondent-Police are hereby directed to release petitioner Nos.2 to 5/accused No.2 to 5 on bail in Crime No.57/2017 of Narayanpur Police

Station, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 R/w Section 7 149 of IPC, in the event of

their arrest, subject to the following conditions :-

i. Petitioner Nos.2 to 5 shall execute a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two

solvent sureties each for a likesum to the satisfaction of the JMFC Court, Shorapur;

ii. Petitioner Nos.2 to 5 shall not tamper with the evidence nor shall attempt to influence the witnesses or the prosecution;

iii. Petitioner Nos.2 to 5 shall not leave the jurisdiction of this Court without the prior permission of the trial Court.

iv. Petitioner Nos.2 to 5 shall appear before the investigating officer as and when required and co-operate for investigation.

v. Petitioner Nos.2 to 5 shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within

thirty days from the date of receipt of certified copy of this order.

The Trial Court shall not be influenced by the observations made by this Court in the disposal of this petition. The observations are

made only for the purpose of disposal of this petition and the trial Court shall proceed with the trial without being influenced by the

observations made by this Court.