Shivakant vs State of Karnataka

Anand Byrareddy, J.—Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent. It is the case of the petitioner that on the basis of the complaint lodged by one Mahesh to the effect that the present petitioner had visited him and enquired about the whereabouts of his younger brother, the deceased Kashinath, and had taken him to his field. It transpires that when the complainant later went near the land, he saw that his brother had been bound with ropes and the petitioner along with two others were assaulting him all over his body with sticks and the deceased was howling with pain. Therefore, the complainant had pleaded with the petitioner and others as to why they were beating his brother and he was informed that because the deceased was constantly harassing the niece of the petitioner by following her around on her way to school, the petitioner and others were teaching him lesson not to do so and when the complainant pleaded with them to forgive his brother and that he would put some sense into his head and send him away to Bangalore, the petitioner and his friends did not heed and continued to beat his brother, fearing for his own life, the complainant had left the place. Two hours later, the complainant had received a phone call asking him to come to the field of the petitioner and when he went there he saw that his brother was badly wounded from the beatings that he had received at the hands of the petitioner and two others and that he was gasping for breath. The complainant took him to the nearest hospital for treatment where the deceased succumbed to the injuries. It is in this background that the complaint has been lodged and investigation is going on

The petitioner having approached the Court below for anticipatory bail, the Court has rejected his petition and hence the petitioner is before this Court.

From the sequence of events made out, it is doubtful as to the manner in which the incident might have occurred. It is unusual that the complainant had seen his brother being beaten up by grown men and after being informed as to why the deceased was beaten up, the complainant having left the place and not having done anything further is unnatural. Secondly, the complainant claiming that he was called on his phone to come to the field of the petitioner where his brother was almost dying is the second unnatural sequence. In this backdrop, it cannot be ruled out that the petitioner is sought to be framed on account of a strong suspicion harboured by the complainant. The investigation is not complete and there is no clinching evidence to accept the say of the complainant of the involvement of the petitioner in any such incident and in the manner in which the incident is stated to have occurred, atleast in the opinion of this Court. Therefore the Court below having rejected the application of the petitioner on the ground that the incident is serious, has failed to address the strange behaviour of the complainant. Therefore, the petitioner has made out a case for enlargement of the petitioner on bail if the petitioner should be arrested. Accordingly, the petition is allowed. In the event of arrest of the petitioner in Crime No. 183/2012 of Dhannur Police Station, Bhalki Taluk, he shall be released on bail subject to the following conditions:

i. The petitioner shall offer self bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with solvent surety for the likesum to the satisfaction of the Trial Court.

ii. The petitioner shall not leave the jurisdiction of the Court below without the leave of the Court.

iii. The petitioner shall offer all cooperation in the investigation of the offence.

iv. The petitioner shall not, in any manner seek to tamper with the prosecution evidence.