Allowed

Sagar S/O Subhash Chawan v. the State of Karnataka

Karnataka HC4 Jun 2021CRL.P/200496/2021

Case brief

AI extract

What is this about?

Criminal Court allowed a bail petition for an accused charged with murder. The Court granted bail considering that the final medical report identified multiple injuries as the cause of death, other accused were already on bail, and the petitioner had been in custody for a significant period.

What did the court decide?

Petitioner released on regular bail via personal bond of Rs. 2,00,000/- with two sureties and standard conditions.

Sagar S/O Subhash Chawan Vs the State of… — Murder and Culpable Homicide | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH

¶3

DATED THIS THE 4^TH DAY OF JUNE, 2021

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶6

CRIMINAL PETITION No.200496 OF 2021

¶7

BETWEEN:

¶8

Sagar S/o Suhash Chawan, Age: 35 years, Occ: Agriculture, R/o Belamagi Tanda No.1, Tq: Aland & District: Kalaburagi …Petitioner

¶9

(By Sri. Sanjay Kulkarni, Advocate)

¶10

AND:

¶11

The State of Karnataka Through Narona Police Station Rep. by: the Addl. SPP, High Court of Karnataka, Kalaburagi Bench, Kalaburagi-585102

¶12

... Respondent

¶13

(By Sri. Mallikarjun Sahukar, HCGP)

¶14

This Criminal Petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on bail in Crime No.64/2020 of Narona police station, District. Kalaburagi for the offences P/U/Sec. 324, 302 R/w 34 of IPC, pending before III Addl. District and Sessions Judge at Kalaburagi.

¶15

This Criminal Petition coming on for Orders this day, through Video Conferencing, the Court made the following:

¶16

¶17

O R D E R

¶18

Heard the learned counsel for the petitioner and learned HCGP for the respondent and also perused the material available on record.

¶19

The Brief facts of the case are:-

¶20

The complainant Sevantabai wife of Babu Rathod has lodged a complaint in the Narona police station, Aland Taluk, on 24.05.2020, alleging that she is a resident of Belamagi Tanda and above six months prior to the date of complaint, her villagers namely Babu son of Sheku Rathod and his brother Santhosh had quarreled with each other and in the said quarrel Santhosh had assaulted his brother Babu Rathod who had suffered grievous injuries. Subsequently, there was a panchayath, and in the said panchayath the husband of the complainant had also participated and it was agreed in the panchayath that Santhosh was required to pay a sum of Rs.4,50,000/- to his brother Babu Rathod towards the medical expenses incurred for treatment of the injury

¶21

¶22

suffered by him as a result of the assault made by Santhosh. A sum of Rs.1,80,000/-was paid by Santhosh Rathod but the balance amount was not paid. In this regard, the family members of Babu Rathod visited the house of the complainant and were demanding payment of balance amount from complainant’s husband. On 23.05.2020 complainant’s son informed them that the family members of Babu Rathod were abusing the family members of the complainant on the ground that the balance amount that was to be paid by Santhosh was misused by complainant’s husband and other family members. Therefore, complainant’s husband and family members went to the house of Babu Rathod for questioning him with regard to the allegations made by him and his family members. There was quarrel between the parties and the husband of the complainant was assaulted by the accused persons and as a result he had suffered grievous injuries and fell down. He was subsequently taken to hospital but he succumbed to the injuries. Based on the complaint lodged by the wife of the deceased, FIR was

¶23

¶24

registered in Cr.No.64/2020 for the offence punishable under Sections 324, 302, and 34 of IPC. The police after investigation have filed a charge sheet for the alleged offences against the accused persons. Petitioner was arraigned as accused No.3 in the charge sheet. Petitioner was arrested on 25.05.2020 and ever since then he is in custody. Petitioner had filed regular bail petition before this Court earlier in Crl.P.200171/2021 and on 08.02.2021 the same was withdrawn with liberty to file a fresh petition after the final medical report with regard to the cause of death of the deceased was secured. Since the final medical report has now been secured, the present petition has been filed by petitioner seeking regular bail.

¶25

Learned counsel for the petitioner submits that

¶26

there are multiple injuries on the body of the deceased. He also submits that as per the charge sheet material accused Nos.1 to 4 have not assaulted the deceased, he submits that because of the head injury, there was a internal bleeding in

¶27

¶28

the brain which would have been also a cause for the death of the deceased. He further submits that accused Nos.1, 2 and 4 against whom similar allegations of assault are made have already been granted bail. Therefore, he prays to enlarge the petitioner on bail. He submits that the petitioner is married and he has a child aged about 2 years and he required to take care of the family, accordingly, he prays to allow the petition.

¶29

Per contra, learned HCGP opposes the petition contending that there are serious allegations against the petitioner. As a result of the petitioner squeezing the testicles of the deceased he has suffered injury and the post mortem report would go to show that the scrotum was swollen reddish in colour and on dissection of scrotum both testis were seen contused and there was also a hemorrhage and therefore, he submits that there is no reason to grant bail to the petitioner. He also submits that there are eyewitnesses to the incident who have specifically alleged with regard to the overt act of the petitioner.

¶30

¶31

I have carefully considered the rival arguments

¶32

and perused the material on record. It is not in dispute that the petitioner is in custody ever since 25.5.2020. Investigation is completed and charge sheet has been filed. The charge sheet material would goes to show that the accused Nos.1 to 4 have assaulted the deceased. There are allegations against the other accused persons who allegedly have assaulted on the head of the deceased. The post mortem report would go to show that the injury No.1 which is on the left tempero-parietal region had caused subdural bleeding over the left tempero-parietal region of brain. Brain is edematous. It is true that the injury No.4 in the post mortem relates to the overt act of the alleged against the petitioner. However the final medical report dated 18.1.2021 issued by the department of Forensic Medicine, Gulbarga Institute of Medical Sciences, Kalaburagi, would go to show that the death is due to shock and hemorrhage as a result of multiple injuries sustained associated with the presence of the Alcohal. Therefore, the fact remains that there are multiple

¶33

¶34

injuries and because of the multiple injuries the death of the deceased was caused. The accused Nos.1, 2 and 4 have caused the other injuries and they have been already enlarged on bail. Taking into consideration that the petitioner is in custody ever since 25.5.2020 and that the investigation in the case is already completed and charge sheet is filed and also having regard to the fact that the accused Nos.1, 2 and 4 who have caused other bodily injuries to the deceased have been already enlarged on bail, I am of the opinion that the petitioner has made out a case to release him on regular bail. Accordingly, I pass the following order.

¶35

Criminal Petition is allowed.

¶36

Petitioner is directed to be released on regular bail in S.C.No.1/2021 pending before the III Additional District and Sessions Judge at Kalaburagi arising out of Cr.No.64/2020 registered by Narona police station for the offence punishable under Sections 302, 324 R/w 34 of IPC, subject to the following conditions:

¶37

¶38

i) Petitioner-accused shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the like sum to the satisfaction of the concerned Court.

¶39

ii) Petitioner-accused shall not tamper with the prosecution witnesses either directly or indirectly.

¶40

iii) Petitioner-accused shall appear before the Trial Court on all hearing dates unless the trial Court exempts his appearance for valid reasons.

¶41

iv) Petitioner-accused shall not leave the jurisdiction of the trial Court without prior permission of the said Court till the disposal of the case.

¶42

Sd/JUDGE

¶43

Sagar S/O Subhash Chawan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sagar S/O Subhash Chawan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gouravva W/O. Shivappa Vs the State of Karnataka

Shivareddy and Ors. Vs the State of Karnataka and Ors.

Raju @ Rajkumar Vs the State of Karnataka

Shekappa S/O Bhimappa @ Bheemaraya Doddamani Vs the State of Karnataka

Veeresh S/O Hanumanthappa, Vs T M Vishwanth (Adm) S/O Shivashankarayya

Shaik Dawood S/O Shaik Raheman Vs the State