IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.107 OF 2019 C/W CRIMINAL PETITION NO.9/2019 In Crl.P.No.107/2019 BETWEEN:
Aseef Pasha, Aged about 24 years, S/o Chand Pasha, R/o at No.10/2, 1st Cross, 3rd Main, Bengaluru-560 078.
(By Sri.Chandrahasa Rai B, Advocate) AND:
The State of Karnataka, By Cottonpete Police Station, Bengaluru, Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001.
(By Sri.M.Divakar Maddur, HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.149/2018 (S.C.No.1887/2018) of Cottonpet Police Station, Bengaluru City for the offence punishable under Section 302 read with 34 of IPC.
In Crl.P.No.9/2019 BETWEEN:
Waseem Hussain S/o Late.Shuaib Hussain Aged about 28 years, R/a at No.786, 1st Cross, 1st Main, Shyamanna Garden, Bengaluru-560 026.
(By Sri.Salman, Advocate for Sri.Anees Ali Khan, Advocate) AND:
State by Cottonpete Police Station, Bengaluru-560 026.
Represented by The State Public Prosecutor, High Court of Karnataka, High Court Buildings, Bengaluru-560 001.
(By Sri.M.Divakar Maddur, HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.149/2018 of Cottonpet Police Station, Bengaluru City for the offence punishable under Section 302 read with 34 of IPC.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R The Crl.P.No.107/2019 is filed by accused No.1 and Crl.P.No.9/2019 is filed by accused No.2 under Section 439 of Cr.P.C, seeking to release them on bail in Crime No.149/2018 of Cottonpet Police Station, Bengaluru, for the offence punishable under Section 302 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the case are that on 30.05.2018 at about 10.30 pm, the husband of the complainant did not return to home. On 31.05.2018 at about 7.30 am she received a message from her relatives that her husband is unconscious and he has been assaulted by unknown persons and is suffering with severe injuries and with the help of the public she has taken her husband to Victoria Hospital. Wherein, the doctor said he is dead. On the basis of the complaint, the case is registered.
4. It is the submission of the learned counsel for the petitioner that there is no eye witness to the alleged incident and the complaint was registered against unknown persons. Subsequently, during the course of investigation, accused No.1 was apprehended and on the basis of the voluntary statement, the further case has been developed. The petitioner-accused is not required for further investigation or interrogation. There was no serious allegation as against the petitioner-accused. He further submitted that the petitioners-accused Nos.1 and 2 are ready to abide by the conditions imposed on him by this Court and ready to offer sureties. He further submitted that charge sheet is also filed. On these grounds, he prayed to release the petitioner-accused Nos.1 and 2 on bail and allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.1 along with accused No.2 with a common intention assaulted the deceased with knife and the deceased died only because of stab injuries caused by the accused Nos.1 and 2. He further submitted that there is a collaborate medical evidence and the voluntary statement of accused No.1. He further submitted that the accused-petitioner have used knife and caused injuries. He further submitted that if the petitioner-accused is ordered to be released on bail, they may abscond and they 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 records there is no animosity and only thing which has been stated in this behalf is that he has taken some money from the mother of accused No.1 and same has not been returned. At that time, they have assaulted the deceased and there are no eye witness to the alleged incident and no strong circumstances have been relied upon. The charge sheet has already been filed and the custodial continuation of the accused Nos.1 and 2 is not necessary.
8. In that light, petition is allowed and Petitioners-accused Nos.1 and 2 are ordered to be enlarged on bail in Crime No.149/2018 of Cottonpet Police Station for the offences punishable under Sections 302 and 34 of IPC subject to the following conditions:
1. Petitioners-accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) each with two sureties for the likesum to the satisfaction of the trial Court 2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall mark their attendance on first of every month till the trial is completed.
Sd/- JUDGE ag