IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9037 OF 2018 Between:
Akash @ Kariya S/o Shankar Aged about 19 years Residing behind SJR College Rajajinagar, 5th Block Bangalore- 560 023. … Petitioner (By Sri. B.K. Narendra Babu, Advocate) And:
State of Karnataka, Represented by Chandra Layout PS Bengaluru. ... Respondent (By Sri.K. Nageshwarappa, HCGP) This Crl. P is filed u/s.439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.218/2017 of Chandra Layout P.S., Bengaluru for the offences p/u/s 143, 144, 147, 148, 120B, 114, 302 R/w 149 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.3 under Section 439 of Cr.P.C. seeking release him on bail in Crime No.218/2017 of Chandra Layout Police Station, Bengaluru for the offence punishable under Section 302 r/w 34 of IPC.
2. I have heard the learned counsel for the petitioner/accused No.3 and the learned High Court Government Pleader for respondent-State.
3. The allegation in the complaint is that the complainant is residing along with his parents and his brother. It is further alleged that the complainant is running auto. On 20.05.2017 at about 8.30 p.m., the father of the complainant called him and informed that his brother is at Ravi Bar & Restaurant and he wanted two wheeler and directed him to go and handover the vehicle to him. When the complainant went to the said Bar, he saw his brother was sitting in a Bar along with Arun Kumar @ Thayppy and other friends. When he called his brother, he told that after few minutes, he will come back. Accordingly, the complainant handed over the key of the bike to the deceased. Even after 11 p.m., when his brother did not turned up, he went to the Bar and there he saw chairs and tables were scattered and in the kitchen, brother of the complainant had fallen down and he was dead. He also found head injury and other injuries over the body of the deceased. Immediately, he went to the police station and filed a complaint.
4. It is submitted by the learned counsel for the petitioner/accused No.3 that he is innocent to commit the alleged crime. It is further submitted that the complainant is not an eyewitness to the alleged incident. Even though there are eyewitnesses, but they have only stated that the petition/accused No.3 has assaulted the deceased with dragger on the back side of the deceased and the post mortem report goes to show that the death is due to crush injury sustained to the head and the injury caused by the accused is not vital to the deceased. He further submits that he is ready to abide by the conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release petitioner/accused No.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there are eyewitnesses to the alleged incident and they have specifically stated overt acts of the accused No.3. In their statement, they have clearly stated that it is accused No.3 who took the dragger and assaulted on the abdomen and backside of the deceased. He further submitted that the said dragger was recovered at the instance of the accused. There is prima facie material as against the petitioner/accused No.3 for having committed the alleged offence and the said offence is serious offence, which is punishable with death or imprisonment for life. On these grounds, he prays to dismiss the application.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and contents of the complaint and other materials which have been produced in this behalf.
7. On close reading of the contents of the complaint and other materials, it disclose that the name of the petitioner/accused No.3 is not appearing in the complaint. After investigation, the charge sheet has been filed and there are eyewitnesses to the alleged incident. Though the eyewitnesses have been examined, wherein they have stated that it is accused No.3 who has assaulted the deceased with dragger on the backside and abdomen, postmortem report also shows that the injury Nos.8 and 9 are injuries which have been caused by the accused No.3, but postmortem report also shows that the death is due to crush injury sustained to the head. Under the said facts and circumstances, I feel that if by imposing some stringent conditions, the accused No.3 is released on bail, it is going to meet the ends of justice. In the light of the above, petition is allowed.
8. Petitioner/accused No.3 is enlarged on bail in S.C. No.1522/2017 dated 03.09.2018 on the file of LXII Additional City Civil & Sessions Judge, Bengaluru City (Crime No.218/2017 of Chandra Layout Police Station, Bengaluru city) for the offence punishable under Section 302 r/w 34 of IPC subject to the following conditions:
1. Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakh 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 a month on every 1st till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of activities.
Sd/- JUDGE nms