Venkategowda and Others vs State of Karnataka

A.V. Chandrashekara, J.—These petitions are filed under Section 438 of Cr.P.C. Crl. P. 1644/2015 is filed by accused Nos. 7 and 8 and Crl. P. 1645/2014 is filed by accused No. 14 seeking anticipatory bail in respect of Cr. No. 132/2014 registered by the Hanur Police Station. Offences are punishable under Section 143, 144, 147, 148, 341, 448, 427, 307, 302 read with 149 of IPC. After concluding investigation charge sheet has been filed.

Similar bail applications filed by the petitioners has already been dismissed by the Trial Court. The petitioners are apprehending arrest at the hands of the respondent-Police.

The Government Pleader has vehemently opposed the bail applications on the ground that these petitioners along with other accused formed an unlawful assembly on 8.11.2014 near the farm house of deceased Halappa at Sundrahalli village and had possessed deadly weapons. It is alleged that deceased Hanumanthappa assaulted Halappa on the right shoulder with a chopper and caused severe injuries. Being afraid of serious danger to their lives and limbs, the wife and children of Halappa dragged the injured Halappa to a room inside the house and latched from inside. Then all the accused barged into their house and damaged windows and other articles. Pinga-9th accused assaulted her husband with a chopper and dragged him out of the room and all the accused recklessly assaulted with choppers and murdered him. Even her in-laws were also assaulted.

Heard the learned counsel for the petitioner and learned Government Pleader. Perused the records.

The main allegation against the accused Nos. 7 and 8 is that they exhorted other accused to assault Halappa. Apart from this nothing is attributed to them. His name is not found in the first information lodged by Jayamma. No specific overt act is attributed to them except breaking of windows and glasses in the house of Halappa. Apart from this, accused No. 14 is a witness injured in the said incident. Similarly placed accused have already been released on bail by this Court in Crl. P. 1619/2015 and 1620/2015 on 07.4.2015.

All these petitioners are permanent residents of Sundrahalli village and they are agriculturists and they have undertaken to obey any condition imposed upon them. Entire investigation has been completed and charge sheet has been filed. Thus the apprehension of the learned HCGP could be met by imposing suitable conditions.

In the result, the following order is passed:

ORDER

Both the petitions are allowed. Petitioners who are accused Nos. 7 to 8 (petitioners in Crl. P. 1644/15) and accused No. 14 (petitioner in Crl. P. 1645/15) relating to Crime No. 132/14 on the file of Hanur police station, Chamarajanagar District, are granted anticipatory bail subject to the following conditions:

"a) Petitioners shall surrender before the jurisdictional court on or before 24.4.2015 and in such event, petitioners shall be released on executing a personal bond in a sum of Rs. 1,00,000/- each with one surety for the like sum to the satisfaction of the concerned Court.

b) They shall not tamper or attempt to tamper any of the prosecution witnesses;

c) They shall not hold out threats to the prosecution witnesses or lure them in any manner;

d) They shall not involve themselves in any criminal activities;

e) They shall attend the court regularly on all dates of hearing and shall co-operate with the learned Sessions Judge to hold the trial;

f) They shall mark attendance at the jurisdictional police station on every Sunday between 9 a.m. to 5 p.m. for a period of one year from the date of their release from the prison, without fail;

g) They shall not visit Sundarahalli village for a period of three months from the dates of their release from the prison.

h) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail."