The State Of Karnataka vs Palanayaka
2021 Latest Caselaw 828 Kant

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    IN THE HIGH COURT OF KARNATAKA BENGALURU

       DATED THIS THE 13TH DAY OF JANUARY, 2021

                          BEFORE

       THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ

        CRIMINAL PETITION NO.8192 OF 2020

BETWEEN:
The State of Karnataka
By Abbinahole Police,
Bengaluru.
Rep. By SPP
High Court Building,
Bangalore-560001.                              ...Petitioner
(By Sri Thejesh.P., HCGP)

AND:
Palanayaka S/o Mahalingappa
Aged about 28 years,
Lorry driver,
R/o R. Eshwaragere Village,
Hiriyur Taluk,
Chitradurga District - 577501.                ...Respondent

      This Criminal Petition is filed under section 439(2) of
Cr.P.C. by the S.P.P. for the State praying this Honourable
Court may be pleased to allow the above Crl.P by setting
aside the judgment and order of Prl. District and Sessions
Judge     at    Chitradurga        dated    18.06.2019     in
Crl.MIsc.No.486/2019 for the offence punishable under
Sections 504, 506, 502 of IPC in Cr.No.46/2019 on the
accused-respondent in required for custodial interrogation
and further investigation.

      This Criminal Petition coming on for Orders this day,
the Court made the following:
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                                  ORDER

This petition is filed by the State seeking

cancellation of the order granting bail to the

accused/respondent by the learned Sessions Judge in

Crl.Misc.No.486/2019 vide order dated 18.06.2019 in

connection with a case registered in Crime

No.46/2019 of Abbinahole Police Station for offences

punishable under Sections 504, 506 and 302 of IPC.

2. It is the case of the prosecution that the

accused/respondent was demanding share from his

father in the family properties by way of partition. On

09.04.2019 at about 7:30 a.m., he picked up a

quarrel with his father demanding the share and when

his father did not heed to the demand made by him,

he abused him in filthy language and assaulted him

with a club and thereafter, when his mother

intervened, he left the spot by giving threat to the life

of his father. Later, the injured was shifted to

Government hospital, Hiriyur for treatment and on the

advise of the Doctor, he was shifted to Government

Hospital, Chithradurga for further treatment.

Thereafter, again he was shifted to NIMHANS and

Victoria Hospital, Bengaluru. During the course of

treatment, the injured died on 15.04.2019 at 4.30

a.m.

3. Learned High Court Government Pleader has

contended that the accused/respondent was granted

bail, when the investigation was still in process and in

view of the nature and gravity of the offence

committed by him, the learned Session Judge was not

justified in releasing him on bail. Therefore, he seeks

for cancellation of the order granting bail to the

accused/respondent.

4. I have perused the impugned order passed

by the court below and the material on record.

5. The learned Sessions Judge after considering

the entire facts and circumstances of the case has

granted regular bail to the accused/respondent by

imposing conditions. The said order is passed on

18.06.2019. It is not the case of prosecution that any

of those conditions have been violated by the accused.

It is also brought to the notice of the Court that the

investigation is completed and charge sheet has been

filed. A very cogent and over whelming circumstances

and reasons are required to cancel the bail already

granted. In the present case, no such grounds are

made out. As such the petition is dismissed.

Sd/-

JUDGE GJM