IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5406/2019 BETWEEN AKSHAY S/O LATE BHASKAR AGED ABOUT 20 YEARS RESIDING AT HOUSE NO.461 2ND CROSS, 13TH MAIN RAOD NAKKALU BANDE, JAYANAGARA 3RD BLOCK EAST BENGALURU – 560 041 ... PETITIONER (BY SRI. G.R. NAVEEN, ADVOCATE) AND STATE OF KARNATAKA BY TILAK NAGARA POLICE STATION BENGALURU REP BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 (BY SRI. HONNAPPA., HCGP) … RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.324/2018 OF THILAKNAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 307, 323, 504 R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent–State. Perused the records.
2. The petitioner is arraigned as Accused No.1 in Crime No.324/2018 of Thilaknagar Police for the offence punishable under Sections 307, 323, 504 r/w.
34 of IPC and the police have submitted the charge sheet in the said case and the same was registered in CC No.2308/2019. Subsequently, after committal, the said case has been registered in S.C. No.277/2019 before the Court of LXIII Addl. City Civil and Sessions Judge (CCH.64), Bengaluru.
3. The case of the prosecution is that on 04.11.2018, the complainant by name M.Devi, who is the elder sister of CW.2, and was doing House Keeping work in the apartment situated near LIC Colony. Her parents were residing with his brother by name Mani (CW.3), who was working in a wholesale fruit shop in Electronic City. It is the further case of the prosecution that on 04.11.2018 at about 7.00 a.m., while CW.2 to CW.4 were standing and talking among themselves at Jayanagar 3rd Block, 13th Main Road, 27th Cross, Accused Nos. 1 & 2 came there and abruptly picked a quarrel with CW.3 and tried to assault him, but CW.3 pushed both of them. Being aggravated by the act of CW.3, Accused Nos. 1 & 2 started assaulting CW.3 with hands. CW.2 and CW.4 pacified the quarrel. Then the Accused Nos. 1 & 2 threatened CWs.2 & 4 and Accused No.1 picked up a stone lying nearby on the road and hit on the head of CW.2 and as a result of which, CW.2 sustained grievous injury to his head and when CW.2 was lying on the road with bleeding injuries, Accused Nos. 1 & 2 kicked CW.2 on his face and thereafter, CWs. 3 & 4 with the help of others, admitted CW.2 to Apollo Hospital. On these allegations, the above said case has been registered.
4. Though, it is submitted by the learned counsel for the petitioner (A1) that, the other accused person by name Manoj (A2), who was alleged to have been present at the time of incident and assaulted the injured (CW.3) with his hands and legs has already been released on bail by this Court vide order dated 15.07.2019 passed in Crl.P. No.1233/2019 and hence, on the ground of parity, the learned counsel for the petitioner pleads that this petitioner (A1) is also entitled to be released on bail.
5. On perusal of the records, it is seen that this petitioner has assaulted CW.3 on his head with a size stone. However, the learned counsel referring to the wound certificate issued by the Appollo Hospital, has brought to the notice of this Court that, the injured admitted to the hospital with a history of a road traffic accident. Nevertheless, in the statement of the victim-
K. Mani (CW.3), he has stated that the accused persons i.e, this petitioner (A1) and Accused No.2 have assaulted him.
6. Anyway, the overt-acts alleged against the accused persons have to be proved beyond reasonable doubt during the course of full dressed trial. Therefore, considering the nature of allegations, prima facie it creates a doubt with regard to medical certificate. It is submitted that, the accused has already been arrested and since 14.11.2018 he has been in judicial custody. It is also submitted that, the injured has already been discharged from the hospital and there is no danger to the life of the injured and there is no previous bad antecedents reported so far as this petitioner is concerned. Hence, considering the above said circumstances, I am of the opinion that the petitioner is entitled to be enlarged on bail on stringent conditions. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A1)-Akshay shall be released on bail in connection with Crime No.324/2018 of Thilaknagar Police Station, Bengaluru City (C.C. No.2308/2019), registered against him for the aforesaid offences, now pending on the file of LXIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-64), in SC No. 277/2019, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*