IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5321 OF 2019 BETWEEN:
Arjun S/o Kannan Aged about 19 years R/a No.16, 3rd Cross New Bagalur Layout Near Rama Bai College St. Thomas Town Post Bangalore-84.
(By Sri Anees Ali Khan, Advocate) AND:
State by Hennur P.S.
Bangalore-560 043.
Represented by The State Public Prosecutor High Court of Karnataka High Court Building Bangalore-560 001.
(By Sri. Rohith B.J., HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.380/2018 of Hennur Police Station, Bengaluru City for the offence P/U/S.302 r/w Sec. 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.4 in the charge sheet filed by the respondent – police, which is later culminated into S.C.No.427/2019 pending on the file of the V Addl. City Civil and Sessions Judge,(CCH-58), Mayo Hall, Bangalore. The charge sheet papers disclose that the accused Nos. 1, 3 and along with juvenile accused Nos. 2 and 5 were having some grudge against the deceased Keshava with reference to a Dance program during Ganesh festival. In this context, it is alleged that on 30.11.2018 at about 9 p.m. all the accused persons have hatched conspiracy and decided to do away with the life of the deceased Keshava. Accordingly, they were gathered by holding deadly weapons like knife and long at 3rd Cross, Chikkagolappa extension near Hennur-Bagalur Main road and all of them mercilessly assaulted said Keshava and later he succumbed to the injuries. The Post Mortem examination report also establishes that the deceased had sustained severe injuries and due to shock and hemorrhage, he succumbed to the injuries. During the course of investigation the police have also recorded the statement of eye witnesses. The eye witnesses have also stated about the participation of the petitioner-accused No.4 in the crime and also the assault on the deceased.
3. Though the learned counsel for the petitioner drawn the attention of this Court and relied on the voluntary statement of the accused persons in order to ascertain the role of this petitioner that he was only holding the knife and assaulted on the hands of the deceased, therefore, he is not assaulted on any vital part of the body of the deceased. But at this stage, on looking to the over all allegations made in the charge sheet, it reveals that prior to the incident all the accused persons have joined together and accused No.1 distributed longs and knives to other accused persons and all of them jointly attacked the deceased and done away with his life. Individual acts of the accused persons have to be established during the course of test identification parade. Under the above said circumstances, the prosecution has made out a prima facie case. Hence, the petitioner is not entitled to be enlarged on bail.
Accordingly, the petition is dismissed.
As the learned counsel for the petitioner has contended that the petitioner is in judicial custody for more than one year, the trial Court is hereby directed to expedite the trial on day-to-day basis and dispose of the same as expeditiously as possible.
Sd/- JUDGE Psg*