Allowed

Omkara v. State of Karnataka

Karnataka HC23 May 2022CRL.P/3993/2022

Case brief

AI extract

What is this about?

High Court granted regular bail to petitioners accused in a criminal case involving assault and rowdiness. Court observed that despite allegations of assault with weapons, injuries to complainant were not substantiated by specific details on record.

What did the court decide?

Petitioners and accused Nos.4 and 6 released on bail subject to personal bond of Rs.2,00,000 with two sureties and standard bonds.

Omkara Vs State of Karnataka — Bail and Remand | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF MAY, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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CRIMINAL PETITION NO.3993/2022

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BETWEEN

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1 . OMKARA S/O RAMANJINAPPA AGED ABOUT 28 YEARS

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2 . THIPPESWAMY S/O LATE PARAMATA OBANNA AGED ABOUT 56 YEARS

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BOTH R/AT Y N HOSKOTE VILLAGE PAVAGADA TALUK TUMAKUR DISTRICT-572 141

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...PETITIONERS

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(BY SRI. ANISH ACHARYA, ADVOCATE)

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AND

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STATE OF KARNATAKA Y N HOSKOTE POLICE STATION REP. BY SPP HIGH COURT BUILDING BENGALURU – 560 001

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… RESPONDENT

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(BY SRI H.S.SHANKAR, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.32/2022 OF Y.N.HOSAKOTE P.S., TUMAKURU DISTRICT FOR THE OFFENCE P/U/S 506, 143, 147, 148, 448, 307, 323, 324, 354 R/W 149 OF IPC ON THE FILE OF THE ADDL. CIVIL JUDGE (JR.DN) AND J.M.F.C COURT PAVAGADA AND ETC.

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

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O R D E R

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This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioners in Crime No.32/2022 of Y.N.Hosakote Police Station, Tumkur, for the offences punishable under Sections 506, 143, 147, 148, 448, 307, 323, 324, 354 read with Section 149 of IPC.

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Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

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The factual matrix of the case is that on 02.04.2022 at about 7.30 p.m., about 14 persons trespassed into the house of the complainant and abused her and her family members in a filthy language and assaulted them with bricks, stone and also with the club. Based on the complaint, the case was registered for the aforesaid offences and the investigation is under progress.

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The learned counsel for the petitioners would submit that these petitioners are accused Nos.4 and 6 in the alleged crime registered against them and there are civil disputes between the parties and the case and counter case were also registered between the parties and the complainant’s son was also in custody in connection with the other crime registered by the petitioners and other accused persons and the victims have not sustained any injuries and only with an intention to harass the petitioners for not meeting the demands of the complainant, the present complaint has been filed and prayed to allow the petition.

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Per contra, the learned High Court Government

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Pleader appearing for the respondent-State would submit that the State is yet to get the records with regard to the injuries are concerned and the allegations against the petitioners are that they have assaulted the complainant and her family members with bricks, stones and club and another complaint was filed subsequent to the registration of the present complaint that amounts to an after thought and prayed to dismiss the petition.

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Having heard the respective counsel for the parties and also on perusal of the materials on record it discloses that an incident was taken place on 02.04.2022 and the allegations made against these petitioners that they have assaulted the complainant and her family members with the stone, bricks and club as a result, the complainant sustained injury on her right shoulder and dragged her out from the house and tried to outraged the modesty of a woman. Though there were the allegations against the petitioners that they have assaulted with bricks, stone and club, not stated with regard to the injuries sustained by the complainant and her family members. When

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such being the materials available on record and these petitioners are in custody and having taken note of the case and counter case, it is appropriate to exercise the discretion in favour of the petitioners under Section 439 of Cr.P.C.

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In view of the discussions made above, I pass the

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following:

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ORDER

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The petition is allowed. Consequently, the

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petitioners/accused Nos.4 and 6 shall be released on bail in connection with Crime No.32/2022 of Y.N.Hosakote Police Station, Tumkur, for the offences punishable under Sections 506, 143, 147, 148, 448, 307, 323, 324, 354 read with Section 149 of IPC, subject to the following conditions:

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(i) The petitioners shall execute their personal bond for a sum of Rs.2,00,000/(Rupees Two Lakhs only) each with two sureties each for the like-sum to the satisfaction of the jurisdictional Court.

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(ii) The petitioners shall not indulge in tampering the prosecution witnesses.

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(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

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(iv) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is disposed of.

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In view of disposal of the petition, I.A, if any, does not

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survive for consideration and the same stands disposed of.

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Sd/JUDGE

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Omkara v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Omkara v. State of Karnataka

Case brief

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What did the court decide?

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