IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION No.1364/2019 BETWEEN:
Arun Kumar @ Aruna, S/o.Ramesh, Aged about 21 years, R/at 3rd Cross, Channakeshava Nagara, Hosa Road, Bengaluru-560 100. ...Petitioner (By Sri. Shivananda.D.S, Advocate) AND:
State of Karnataka by Parappana Agrahara Police Station, Bengaluru-560 100.
Rep. by Government Pleader, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.454/2017 (S.C.No.131/2018) of Parappana Agrahara P.S., Bengaluru City for the offence p/u/s 302 of IPC.
This petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner- accused No.1 under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.454/2017 (S.C.No.131/2018) of Parappana Agrahara Police Station, Bengaluru City for the offence punishable under Section 302 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The genesis of the complaint is that the complainant and his wife-Jayalakshmi were running a vegetables and fruits stall, they were having a daughter by name Niranjini, who is aged about 17 years. In such an event, on 28.09.2017, at about 10.30 a.m., the petitioner - accused No.1 came to the shop of the complainant and started shouting in abusive language and abused the deceased-Jayalakshmi of spreading bad impression about him to others calling him as thief and he was shouted angrily. In that context, the accused was warned by the deceased and told that if the same act is repeated, a complaint is to be lodged against him in the police station. On the same day, the accused came near shop at about 8.30 p.m. and threatened the deceased that she was spreading bad impression about him as he is a thief and again started quarrelling. At that time, the deceased told that she is going to file a complaint just now by going to the police station. At that time, the accused by saying that she will complain only if she is alive and thereafter, the accused took a knife which was hidden by him and gave a blow on her neck and she collapsed. Immediately, the complainant and the neighbors shifted her to the hospital and she died due to injuries.
4. It is the submission of the learned counsel for the petitioner-accused No.1 that already the trial Court has examined two witnesses, who are said to be eye-witnesses as per the case of the prosecution. They have not supported the case of the prosecution and they have been treated as hostile and even they have not identified the accused during the course of evidence. He further submitted that the complainant is absconding and all the efforts have been made to secure the presence of the complainant. It is his further submission that since two years, the petitioner-accused No.1 is languishing in jail and other witnesses have also not supported the case of the prosecution. The trial may take some more time and the right of the accused is unnecessarily going to be restrained if he is not released on bail. He further submitted that the petitioner-accused No.1 is ready to abide by the conditions imposed on him by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the alleged incident has taken place in a day light and one Reshma and Mangamma are the eye-witnesses to the alleged incident. It is his further submission that at the instance of petitioner-accused No.1, a knife, which has been used for the purpose of commission of offence and blood stained jeans pant shirt have been recovered. It is his further submission that the complainant is also an eye-witness to the alleged incident and he has not yet been examined. There is a prima facie material to show that the petitioner-accused No.1 is involved in the alleged crime, which is punishable with death or imprisonment for life. It is his further submission that already the petitioner-accused No.1 has approached this Court in Criminal Petition No.4982/2018 and this Court considering the materials on records, by order dated 17.09.2018 has dismissed the petition and now there are no changed circumstances to re-entertain the petition. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the contents of the complaint and other materials, which are produced in this behalf.
8. By going through the contents of the petition and other documents, which have been produced indicates that one Reshma and Mangamma have been examined before the Court below as PWs.1 and 2, they have been cited as eye-witnesses to the alleged incident and they have not supported the case of the prosecution. But as could be seen from the records, it indicates that the complainant is also an eye-witness to the alleged incident and he has not yet been examined. Though it is contended by the learned counsel for the petitioner that the complainant is absconding and he is not available for the purpose of recording the evidence, but the Court has to exercise all its discretion and secure the presence of the complainant and thereafter, the matter has to be decided. When the evidence of the complainant has not been recorded, who is an eye-witness to the alleged incident and the recovery of knife and blood stained cloths were also there, under such circumstance, I feel that it is not a fit case to release the petitioner-accused No.1 on bail.
9. Keeping in view the above said facts and circumstances, the petition stands dismissed. Liberty has been given to the petitioner-accused No.1 that after examination of the complainant and recovery mahajar witness, he can approach the Court for bail.
Sd/- JUDGE VBS CT:RG