Yashawant and Others vs The State of Karnataka

Aravind Kumar, J.—1. Heard the learned Advocates appearing for parties. Perused the records.

Petitioners have filed this petition under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No. 353/2015 registered by Basavan Bagewadi Police Station, for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 r/w Section 149 of IPC.

Above said complaint came to be registered by one Smt. Gangabai Rathod whereunder it is alleged that accused persons are residents of same Tanda and there was a dispute between them with regard to utilization of bore-well water and also in this background of sheep of the accused having eaten crops grown in the complainant''s brother land and a quarrel ensued on 04.11.2015 and in the evening accused persons formed themselves into an unlawful assembly and came to the house of complainant''s brother armed with axe, stick etc., and assaulted the complainant''s brother on his head and when complainant tried to intervene she was also assaulted with the butt of the axe and accused persons attempted to commit their murder. It was also alleged that complainant and others were abused in foul language by accused. On account of registration of FIR against petitioners, they have sought for being enlarged on anticipatory bail in the event of their arrest.

It is the contention of Sri R.V. Bhavikatti, learned Advocate appearing for petitioners that petitioners are innocent of the offences alleged and there is a counter case filed by petitioners against the complainant and her family members which has been registered in Crime No. 352/2015 on the same day, for the offences punishable under Sections 354, 324, 504, 506 r/w Section 34 of IPC and offences alleged against petitioners not being punishable with death and particularly, petitioner Nos. 3 to 5 being students who have been falsely implicated, all petitioners may be granted anticipatory bail and they would abide by any of the conditions that may be imposed by this Court and as such, they are ready to offer surety to the satisfaction of the Court.

Prosecution having opposed grant of anticipatory bail, it is contended by Sri Sheshadri Jaishankar M., learned High Court Government Pleader appearing for respondent-State that Investigating Officer is yet to recover the weapon used by accused persons to assault the complainant and her family members and investigation being under progress, if the accused persons are enlarged on anticipatory bail, they would not appear before the Investigating Officer and they would also threaten the prosecution witnesses and hinder the investigation being progressed and would also flee from justice and hence, he prays for dismissal of the petition.

Having heard the learned Advocates appearing for the parties and on perusal of material records it would disclose that petitioners and complainant are of the same Tanda and on account of certain dispute relating to sharing of bore-well water as well as alleged intrusion of petitioners'' sheep into the land of complainant''s brother, it had resulted in certain acrimony between the parties and as such, there is case and counter case filed against each other before jurisdictional Police. As to whether petitioners have assaulted the complainant and her family members as alleged and vice versa are all matters which has to be thrashed out during the course of trial. In view of the fact that petitioner Nos. 3 to 5 are students aged between 18 and 20 years and petitioner Nos. 1 and 2 being brothers who are all having roots in the society and their chances of absconding from the jurisdictional Court or not co-operating with the Investigating Officer in his investigation being too remote, this Court is of the view that if stringent conditions are imposed on them it would allay the apprehension expressed by the prosecution.

Hence, I proceed to pass the following:

"ORDER

a) Criminal Petition is hereby allowed.

b) Petitioners are granted anticipatory bail in the event of their arrest in Crime No. 353/2015 by Basavan Bagewadi Police, they shall be released on bail on each of them executing personal bond for a sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety for the likesum to the satisfaction of the jurisdictional Court and subject to following conditions:

i) Petitioners shall surrender themselves before JMFC, Basavan Bagewadi Court on or before 23.01.2016 and learned Magistrate shall release them on bail as per the order;

ii) Petitioners shall co-operate with the Investigating Officer;

iii) Petitioners shall not leave the jurisdiction of Basavana Bagewadi J.M.F.C., Court without express permission;

iv) Petitioners shall appear before Basavana Bagewadi Police on all the dates on which Investigating Officer calls upon them to appear and till the conclusion of trial once in a week between 8.00 a.m., and 5.00 p.m.;

v) Petitioners shall not terrorize prosecution witnesses in any manner whatsoever;

vi) Petitioners shall not indulge in similar activities;

vii) Petitioners shall appear before jurisdictional Court on all the dates of hearing without fail except under exceptional circumstances;

viii) Prosecution would be at liberty to seek for cancellation of bail in the event of any of the conditions being violated;"