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The criminal appeal is filed by the petitioner/accused for the bail in high court for the offence of culpable homicide not amounting to murder and bail is approved by the Karnataka High court on certain grounds through the learned bench led by the HON’BLE MR. JUSTICE K. NATARAJAN in the case of SRI.VISHWANATH RAO vs STATE BY MAGADI POLICE STATION (CRIMINAL PETITION No.7856/2021) on 15th December 2021.

Brief facts of the case are that the petition is filed by petitioner/accused under Section 439 of Cr.P.C. for granting regular bail in Crime registered by Magadi Police, Ramanagara for the offences punishable under Section 302 of Indian Penal Code.

The case of the prosecution is that one Mahalakshmamma, the wife of the deceased filed a Complaint on 20.08.2021 before the police alleging that On 20.08.2021, when she was in the house, her Brother-in-law Rangaswamaiah came and informed that her husband went to the land of the petitioner-accused to enquire in respect of grazing of cattle in his land and picked up quarrel. The accused abused him in filthy language and assaulted the deceased with hands and he fell down and sustained injuries. Immediately, he was taken to hospital where he was declared as dead. After registering the case, the police arrested the petitioner on 25.08.2021 and he has been remanded in judicial custody. The petitioner approached the Sessions Court for grant of bail, which came to be dismissed. Hence, he is before this Court.

After hearing the arguments of learned Counsel for the petitioner and the learned high court government pleader for the Respondent-State and using records presented by their learned councils, Especially, the statement of eyewitness-Rangaswamaiah reveals that the accused said to be Grazed the cattle in the land of the deceased. Therefore, he went to the land of the accused andpicked up quarrel asking why he grazed the cattle in his land and destroyed the crop. At that time, the accused fisted and assaulted the deceased on his cheek and ear. Due to which he sustained injuries and died on the spot. By looking into the facts and circumstances of the case, it cannot be said that the petitioner is in motive and prepared attempt to commit murder of the deceased, when the deceased himself went to the land of the accused and picked up quarrel, at the time, the petitioner assaulted him with hand which caused to death of the deceased. It is said to be culpable homicide not amounting to murder. The petitioner is in custody for more than three months. Charge sheet has been filed. Investigation has been completed. Learned counsel for the petitioner produced a copy of death certificate of the mother of the accused and she was said to be expired on 24.11.2021. No one is there to look after his family. Such being the case, keeping the accused in custody will not serve any Purpose. Therefore, I am of the view that without expressing any opinion on the merits of the case and by imposing certain conditions, if the petitioner-accused is granted bail, no prejudice would be Caused to the case of the prosecution.

After hearing both the council’s , honourable court directed the trail court to release accused on bail on certain grounds. Subject to the following conditions: such as Petitioner shall execute personal bond of Rs 2,00,000 with two Sureties to satisfaction of trail court Petitioner shall not tamper with the Prosecution witnesses directly or Indirectly; Petitioner shall not indulge himself in similar offences strictly; Petitioner shall take the trial without causing any delay; and Petitioner shall not leave the jurisdiction of this Court without prior permission.

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Judgement Reviewed by Sugam Anand Mishra