@JUDGMENTTAG-ORDER
A.V. Chandrashekara, J.@mdashPetitioners are accused nos. 1, 2 and 3 in a case bearing S.C. No. 340/2013 on the file of Sessions Court at Belgaum, arising out of Crime No. 259/2013 on the file of Kakati Police Station, Belgaum District. Petitioners are in judicial custody and they have filed application u/s. 439 of Cr.P.C. requesting them to be released on bail. Objections have been filed by the learned Govt. Advocate to the bail application. Perused the records.
2. As per the first information lodged by one person by name Vittal Mallappa Patil, a resident of Jamanal village, Belgaum Taluk on 06.07.2013 before the respondent Police Station is that, himself and his brothers and sisters have been residing in A house at Kakati village which is situated in their land. These petitioners also have their houses in the same village. There has been a long standing dispute between the father of the first informant and the petitioners herein. About two years ago, the lands were partitioned and in the said partition jack fruit trees had been allotted to the share of petitioner-Laxmana Rama Patil and he sold the same. In turn, the first informant and his family members paid Rs. 4,000/- and retained the right of cutting and removing jack fruits. On 05.07.2013 at 2.00 p.m. petitioners came to the land of the first informant and started plucking jack fruits from the said tree. The first informant''s father, motherland sisters who were present there objected to the same stating that they have actually purchased the right to pluck jack fruits and that the petitioners have no right to pluck jack fruits. Petitioners went away and at about 9.30 p.m. on the same night these petitioners accompanied by others came near the house of first informant, formed themselves into an unlawful assembly holding deadly weapons like clubs, stones in their hands and started abusing father of the first informant.
3. The accused Rama Laxmana Patil, Siddappa Laxmana Patil, Yallappa Laxmana Patil and Basappa Patil pelted stones at the father of the first informant and accused Ningappa Yallappa Hallennavar and Laxmana Rama Patil caught hold of the father of the first informant and at that time petitioners Siddarai Rama Patil and accused Settu Rama Patil assaulted the complainant''s father with clubs, the other accused namely, Laxmavva, Ningavva and Balavva assaulted the father of the first informant with their hands. In the meantime the other accused Lagamavva and Rathnavva who had held chili powder in their hands, threw the same on the face of the father of the first informant. As a result of all this, he sustained severe injuries and he breathed his last at the spot. Later on all the accused who had formed themselves into unlawful assembly threatened the first informant and his family members of dire consequences to their limbs and lives and then went away from the spot. With these allegations a case came to be registered against the petitioner and others before the Kakati Police Station in Crime No. 259/2013 for the offences punishable u/s. 506, 341, 504, 143, 147, 148, 149 and 302 r/w 149 of IPC.
4. Petitioners have undertaken to obey any conditions which may be imposed on them. It is argued on their behalf that they are permanent residents of Kakati village, more particularly being agriculturists. It is further argued that they have no criminal antecedents.
5. Per contra, learned Govt. Advocate who has filed detailed objections opposed bail contending that prima facie case is made out for the main offence punishable u/s. 302 r/w Sec. 149 of IPC and that if they are let on bail, they are likely to threaten the first informant and the members of his family. It is further argued that taking into consideration the circumstances under which the incident is stated to have taken place and the punishment contemplated and thereafter gravity of the offence, the petitioners are not entitled to be released on bail.
6. As could be seen from the records, similarly placed accused nos. 4 to 13 have already been released on bail by the learned Sessions Judge at Belgaum in Crl. Misc. No. 673/2013 dated 30.07.2013. The order passed by the learned Sessions Judge, Belgaum is perused by this Court.
7. In the present case the allegations against petitioners 1 and 3, namely, Rama and Siddappa is that they pelted stones on the father of the first informant. The allegations against the second petitioner-Siddarai Patil is that he assaulted with a club. Similarly placed accused who had assaulted with clubs and stones have already been released on bail Though the case is exclusively triable by the Court of Sessions and the maximum punishment that is contemplated for the offence punishable u/s. 302 of IPC either imprisonment for life or capital punishment. Parties are agriculturists and permanent residents of Kakati village and they do not have any criminal background. In the light of their unequivocal undertaking that any conditions which may be imposed on them and in the light of similarly placed accused have already been released on bail, this is a fit case in which the petitioners are also to be released on bail subject, of course to imposition of some stringent conditions.
8. Apart from this, the entire investigation is already completed and charge sheet has already been filed before the Magistrate Court and the case has been committed to the Court of Sessions. In this view of the matter, the following order is passed.
ORDER
Petition filed u/s. 439 of Cr.P.C. is allowed. Petitioners, Rama Laxman Patil, Siddarai Rama Patil and Siddappa Laxman Patil are ordered to be released on each of them executing a personal bond for Rs. 50,000/- each with a likesum bond to the satisfaction of the learned Sessions Judge, Belgaum.
The appellants shall not indulge themselves in any criminal activities and shall not threaten the prosecution witnesses in any manner and shall also not lure them in any manner.
The petitioners shall give attendance to the Kakati Police Station once in a week on every Sunday between 9 a.m. and 5 p.m. without fail for a period of six months from 23.03.2014.
Violation of any of the conditions imposed by this Court will be viewed seriously and in such an event, the prosecution would be at liberty to seek cancellation of bail.
