Sri. Kumara and Smt. Maniyamma @ Mani vs State of Karnataka

H.S. Kempanna, J.—The petitioners who are accused in Crime No. 244/2013 on the file of K.R. Nagara Police Station registered for the offences punishable under Sections 341, 307 r/w. 34 of IPC are before this Court seeking for regular bail. It is alleged that on 28.8.2013 at about 9.00 a.m. when the first informant Chandrashekar was returning to his village with a head load of fodder and was near the land of one Annegowda, S/o. Kenchegowda situated at Chandagalu village, these two petitioners who are the husband and wife picked up quarrel with him on the ground that he is insisting right of way in their land and thereafter, the first petitioner assaulted the first informant with a chopper on his both legs and the second petitioner assaulted him on his both shoulders and also instigated her husband -- petitioner No. 1 to finish him off.

Learned counsel for the petitioners submits that the occurrence has taken place on account of civil dispute that is pending between the petitioners on the one hand and the first informant Chandrashekar on the other hand, in connection with a right of way in their land. The first informant is none other than the maternal uncle of the first petitioner. He further submits that on the very day the first informant had attacked the second accused in this case while she was coming to the land with food to her husband �- first petitioner and in the said attack, he not only outraged the modesty of the second petitioner, but also assaulted her. Hearing her scream, the first petitioner went to the spot and on seeing the second accused being attacked by the first informant, when he intervened, first informant assaulted him due to which he sustained injuries in respect of which he has lodged a complaint with the police, on the basis of which, a case in Crime No. 243/2013 was registered against the first informant in the case for the offences under Sections 341, 354, 324 r/w. 34 of IPC. The petitioner and his wife have also sustained injuries on their person. The complaint filed in this case is subsequent to the complaint filed by the first petitioner. It is an after thought to get over the complaint filed by the first petitioner. He further submits that since the occurrence has taken place in exercise of right of defense of a person of his wife and having regard to the counter case that has been registered against the first informant, in the circumstances as the petitioners are in custody since 28.8.2013, they be released on bail.

Learned High Court Government Pleader vehemently opposed the application filed by the petitioners.

A perusal of the allegations in the first information filed by the first informant Chandrashekar would go to show that he has been assaulted by these two petitioners on his lower limbs and on his both shoulders resulting in fracture to lower limb and injuries to both the shoulders. The complaint has been filed by him before the Police on 29.8.2013 at 8.00 a.m. while undergoing treatment at Apollo Hospital, Mysore. The petitioners have also produced the copy of the first information report that has been prepared and sent to the jurisdictional Magistrate by the same police, which -case has been registered on the basis of the first information filed by the first petitioner herein. That case has been registered by the police on 29.8.2013 at about 2.30 a.m., which discloses that the first informant in this case had attempted to molest accused No. 2 while she was going to the land carrying food to her husband -- first petitioner and had also assaulted them.

The learned counsel for the petitioner has produced before me the wound certificate of both the petitioners in this case which reveals that they have sustained injuries at the hands of the first informant in this case. He further submits that having regard to the case and the counter case that has been registered against each other and taking into account the occurrence has taken in the background of a civil dispute that exists between the two and as the petitioners are in custody since 29.8.2013 they be released on bail. In view of the fact that these two petitioners have been assaulted by the first informant in the case, which has resulted in injuries on their person and taking into account that the complaint filed by the first petitioner is earlier to one which has been filed by the first informant in this case and as the occurrence has taken place in the background of a civil litigation, which is pending between the parties in respect of a right of path way claimed by the first informant in the case in the land of the petitioners, in the facts and circumstances, I do not find any justification to decline the request of the petitioner. Accordingly, I proceed to pass the following:-

ORDER

Petition is allowed.

The petitioners are ordered to be released on bail on each of them executing a personal bond in a sum of Rs. 25,000/- with one surety for the likesum to the satisfaction of the Jurisdictional Magistrate subject to the following conditions:-

The petitioners shall not tamper with the prosecution witnesses.

They shall make themselves available to the Investigating Agency as and when required for the purpose of investigation.