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Sri.Kempanna S/O Shivappa … vs The State Of Karnataka on 21 June, 2019

IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 21ST DAY OF JUNE 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A.PATIL

CRIMINAL PETITION NO.100940 OF 2019

BETWEEN

SRI.KEMPANNA
S/O SHIVAPPA KAPPALGUDDI
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: KALLOLI, TQ: GOKAK,
DIST: BELAGAVI. …PETITIONER

(BY SRI. SANTOSH B. MALAGOUDAR, ADVOCATE)

AND

THE STATE OF KARNATAKA
THROUGH PSI, RAIBAG POLICE STATION,
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR,
SPP OFFICE, HIGH COURT OF KARNATAKA,
DHARWAD.
…RESPONDENT
(BY SMT. SEEMA SHIVA NAIK, HCGP)

THIS CRIMINAL PETITION IS FILED U/S 439 OF
CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON BAIL
IN RAIBAG P.S. CRIME NO.85/2019 FOR THE OFFENCES
P/U/S 143, 147, 148, 341, 498-A, 302, 109 R/W 149 OF
SectionIPC, INSOFAR AS PRESENT PETITIONER/ACCUSED NO.4
IS CONCERNED.
:2:

THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

ORDER

This petition has been filed by the

petitioner/accused No.4 under Section 439 of the Code

of Criminal Procedure to release him on bail in

connection with Crime No.85/2019 of Raibag Police

Station registered for the offences punishable under

Sections 143, Section147, Section148, Section341, Section498A, Section302, Section109 read with

Section 149 of the Indian Penal Code, 1860.

2. I have heard the learned counsel for the

petitioner and the learned High Court Government

Pleader appearing for the respondent-State.

3. The gist of the complaint is that the

daughter of the complainant viz., Renuka was given in

marriage to accused No.1 about twelve years ago. Out of

the said wedlock, they begotten two children.

Thereafter, accused No.1 developed illicit relationship
:3:

with another woman and hence, he left the deceased

and the children. It is further alleged that accused

Nos.2 to 5 used to abuse accused No.1, and they also

used to abuse the deceased and beat her. It is further

alleged that about five months prior to the alleged

incident, accused No.1 and his family members had

beaten the deceased and the deceased had lodged a

complaint in Raibag Police station. On 19.04.2019, the

complainant had gone to the village of the deceased. On

20.04.2019, the complainant and her daughter were at

farm house and the deceased had gone with sheep for

rearing. At that time, accused Nos.1 to 5 were also

present. When the deceased asked accused No.1 to give

her a share in the landed property, accused No.1,

having got annoyed abused her in filthy language. At

that time, accused Nos.2 and 3 caught hold of her

(deceased); and accused Nos.4 and 5 instigated; on such

instigation, accused No.1, with an intention to take

away the life of the deceased assaulted her with an axe
:4:

as a result of which the deceased sustained injuries and

fell on the ground. After hearing the same, the

complaint also went there and she was threatened by

the accused persons. On the basis of the complaint

lodged a case has been registered.

4. It is the submission of the learned counsel for

the petitioner/accused No.4 that the material discloses

the fact that there was a matrimonial dispute between

the deceased and accused No.1 and a criminal case has

also been registered against the petitioner/accused No.1

and other accused persons. He further submitted that

there are no specific overt acts alleged against

petitioner/accused No.4; even the recovery is at the

instance of accused No.1. He further submitted that no

recovery has been made as against the

petitioner/accused No.4; the only allegation which has

been made as against the petitioner/accused No.4 is

that accused Nos.4 and 5 were present at the place of
:5:

the incident and they were abetting and instigating the

accused to take away the life of the deceased. That is

matter which has to be considered and appreciated only

at the time of trial. He further submitted that the

petitioner/accused No.4 is ready to abide by any

condition that may be imposed by this Court and to

offer sureties. On these grounds, he prayed to allow the

petition and to release the petitioner on bail.

5. Per contra, the learned High Court

Government Pleader vehemently argued and submitted

that there is a strong motive as against the

petitioner/accused No.4 and other accused persons.

She further submitted that there are eyewitnesses to the

incident including the complainant, who was present at

the time when the accident had taken place; there are

child witnesses whose statements have been recorded

under Section 164 of Cr.P.C.; all the material prima

facie show that at the instigation of accused Nos.4 and
:6:

5, accused Nos.2 and 3 caught hold the deceased and

accused No.1 assaulted on the face, head and other

parts of the body. The petitioner/accused No.4 is

involved in a serious offence which is punishable with

death or imprisonment for life. On these grounds, she

prayed to dismiss the petition.

6. I have carefully and cautiously considered

the submissions made by the learned counsel for the

parties and perused the records.

7. As could be seen from the records and the

contents of the complaint, though serious allegations

have been made in the complaint alleging the motive and

other aspects, as on the date of the alleged incident, the

presence of accused was there at the place of the

incident. But, however, the only allegation which has

been made as against the petitioner/accused No.4 is that

when the alleged incident took place, accused Nos.4 and

5 abetted and instigated accused No.1 and accused Nos.2
:7:

and 3 to caught hold the deceased and accused No.1

assaulted the deceased with the axe on her face, head

and other parts of the body. However, no specific overt

acts are attributed as against the petitioner/accused

No.4. Under the facts and circumstances, I feel that if the

petitioner/accused No.4 is ordered to be enlarged on bail,

by imposing some stringent conditions, the same would

meet the ends of justice.

8. In the light of the above discussion, the

petition is allowed. The petitioner/accused no.4 is

ordered to be released on bail, in connection Crime

No.85/2019 of Raibag Police Station registered for the

offences punishable under Sections 143, Section147, Section148, Section341,

Section498A, Section302, Section109 read with Section 149 of the Indian Penal

Code, 1860, subject to following conditions:

(a) the petitioner shall execute a personal bond for a
sum of Rs.2,00,000/- with two sureties for the
likesum to the satisfaction of the Trial Court;
:8:

(b) he shall not tamper with the prosecution evidence
directly or indirectly;

(c) he shall mark his attendance once in a month
preferably on first day of every month till the trial
is concluded; and

(d) he shall not leave the jurisdiction of the Court
without prior permission and he shall be regular
in attending the Court.

Sd/-

JUDGE

Kms

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