Smt. Krishnamma Gowda and Others vs State of Karnataka

K.N. Keshavanarayana, J.—In this petition filed u/s 439 Cr.P.C petitioner Nos. 1 to 3 arraigned as accused Nos. 7, 8 and 10 respectively in Crime No. 149/2012 of Aldur police station, Chikmagalur district have sought for an order to enlarge them on bail. According to the case of the prosecution, the aforesaid case came to be registered for offences punishable under Sections 143, 147, 148, 341, 504, 324, 407, 427 r/w Section 147 IPC on the basis of the recorded statement of one M.H. Ramesha in M.G. Hospital, Chikmagalur at about 11.50 p.m., on 12.12.2012.

According to the contents of the said recorded statement, there was a dispute regarding right of way relating to the land owned by Nataraj and Venkatesh Gowda and in this background at about 9.00 p.m., on 12.12.2012 when the complainant and the said Nataraj were proceeding on a motor cycle in the village towards the land, these petitioners and other accused persons who were members of the same family way laid the complainant and Nataraj and assaulted them with the dangerous weapons with an intention to commit murder of said Nataraj. During investigation of the case, these petitioners were apprehended and later were subjected to judicial custody. Their application filed for grant of bail before the learned Sessions Judge came to be rejected. Therefore they are before this Court.

The petition is opposed by respondent-State.

I have heard both the sides and perused the records made available.

As noticed supra, even according to the complaint allegations, there has been civil dispute between the accused on the one hand and the injured Nataraj on the other hand in respect of the right of way. The overt acts attributed in the complaint against the first petitioner is that she assaulted Nataraj with a club on his private part, while an omnibus statement is made insofar as the other two petitioners are concerned to the effect that they and accused No. 9 Sharada assaulted Nataraj with clubs and caused him hurt. It is now noticed that that learned Sessions Judge has granted bail to accused No. 9 Sharada u/s 439 Cr.P.C. It is also brought to the notice of this Court that accused No. 3 Venkatesha Gowda has lodged a complaint alleging assault etc., on him and others and on the basis of the said complaint, case has been registered against Nataraj.

Having regard to the facts and circumstances of the case and the materials available on records, at this stage, I am of the considered opinion that there are no reasonable grounds to believe that the acts said to have been committed by these petitioners was with an intention to commit murder attracting the ingredients of the offence punishable u/s 307 IPC.

In view of the fact that similarly placed Accused No. 9 has already been granted bail, I do not find any justifiable ground to deny the relief of bail to these petitioners. In this view of the matter, the petitioners are entitled for release on bail. Hence, the petition is allowed. Accused Nos. 7, 8 and 10 are ordered to be released on bail in Crime No. 149/2012 of Aldur Police Station on each of them executing personal bond for Rs. 50,000/- with one surety for the like sum to the satisfaction of the jurisdictional Magistrate and subject to further conditions that,

i) They shall not tamper or terrorise with the prosecution witnesses in any manner.

ii) They shall not indulge in any acts similar to the one alleged in the case.

iii) They shall appear on all hearing dates before the Trial Court without fail.

iv) They shall not leave the jurisdiction of the Court of Sessions without express permission thereof.