IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9592/2018 Between:
Abdul Aziz S/o. Abdul Khadar Aged about 42 years R/at: No.GL-2/41, Near Iddya Masjid 2nd Block Katipalla, Mangaluru Taluk D.K. District – 575 201. ...Petitioner (By Sri B. Lethif, Advocate) And:
The State of Karnataka By Surathkal Police Station D.K. District Rep. by SPP, High Court Building Bangalore – 560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.2/2018 of Surathkal Police Station, Mangalore City for the offence punishable under Sections 341, 302, 120(b) R/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.2/2018 of Surathkal Police Station for the offences punishable under Sections 341, 302 and 120(b) R/w 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 03.01.2018, the complainant was working as Assistant Manager at MRPL Power Net at about 1.55 p.m., the complainant got an information that Deepak got assaulted brutally by unknown persons near his working place and he went along with his friends to the place near the house of the owner Abdul Majeed, there was a huge gathering of public and blood stains were found on the spot. After coming to know the said fact, he enquired and there he came to know that on the same day at about 1.15 p.m., the deceased-Deepak came on his motorbike bearing No.KA-19-EH-6518 and reached near the house of Majeed. At that point of time, a white colour Car came and four persons alighted from the said car and assaulted with deadly weapons and ran away towards Katipalla. On such assault, deceased-Deepak died. On the basis of the complaint, a case was registered and after investigation, charge-sheet has been filed.
4. It is the submission of the learned counsel for the petitioner that a complaint was registered against four unknown persons only and subsequently, charge-sheet has been filed against thirteen persons. It is submitted that the only allegation made against accused No.5 – petitioner is that he is also a member of conspiracy. It is further submitted that under similar facts and circumstances, already accused Nos.6 to 12 have been released on bail by this Court on the ground of parity, hence, accused No.5 – petitioner is also entitled to be released on bail. Learned counsel further submitted that the petitioner/accused No.5 is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release the petitioner/accused No.5 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner – accused No.5 is the main conspirator and it is because of his master plan, the alleged incident has taken place. He further submitted that the petitioner – accused No.5 is involved in many other cases and he is the main accused behind the crime and if the petitioner/accused No.5 is released on bail, he may abscond and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition.
7. As could be seen from the contents of material, the only allegation as against the petitioner – accused No.5 is that the petitioner has entered into criminal conspiracy to commit murder of Hindu leaders and in furtherance of the said conspiracy, on 03.01.2016, when the deceased Deepak Rao was returning to his shop, at about 1.15 p.m., accused Nos.1 to 4 intercepted his motorcycle and accused Nos.1 to 4 indiscriminately assaulted the deceased with talwars. The conspiracy hatched inside the four corners of the room. It is a matter of trial which has to be considered by the trial Court only at the time of trial. Even as could be seen from the records, already this Court in similar facts and circumstances has released the accused Nos.6 to 12 in Crl. Petition No.6888/2018 and Criminal petition Nos.4375/2018 to 4377/2018. Even on the ground of parity, the petitioner – accused No.5 is entitled to be released on bail. Taking note of the facts and circumstances of the case, I am of the opinion that by imposing some stringent conditions, accused No.5 – petitioner, if ordered to be released on bail, it meets the ends of justice.
8. In that light, petition is allowed Petitioner/accused No.5 is enlarged on bail in Crime No.2/2018 of Surathkal Police Station for the offences punishable under Sections 341, 302, 120(b) R/w 34 of IPC subject to the following conditions:-
1. Petitioner/accused No.5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police.
4. He shall not tamper prosecution evidence in any manner and shall not indulge in similar type of criminal activities.
5. He shall not tamper with the prosecution evidence directly or indirectly in any manner.
SD/- JUDGE nms