IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF MAY, 2017 BEFORE THE HON' BLE MRS JUSTICE RATHNAKALA CRIMINAL PETITION NO.381 OF 2017 BETWEEN:
BABU KARMAKAR S/O GOPAL KARMAKAR AGED ABOUT 25 YEARS R/AT L&T SHED INDIRA PRIYA DARSHINI NAGAR PILIPANAKATTE, LAGGARE BANGALORE – 560 058.
NATIVE:
SARAAYIPANI VILLAGE MADAPURA TALUK JURAT DIST., ASSAM STATE – 110 038. ... PETITIONER (BY SRI MUZAFFAR AHMED, ADV.,) AND:
THE STATE OF KARNATAKA RAJAGOPAL NAGAR P.S., REP. BY PUBLIC PROSECUTOR HIGH COURT PREMISES BANGALORE – 560 001. ... RESPONDENT (BY SRI CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.285/2013 OF RAJAGOPAL NAGAR POLICE STATION, BANGALORE CITY AND S.C.NO.1232/2013 PENDING ON THE FILE OF PRESIDING OFFICER, FAST TRACK COURT-IV, HOLDING C/C OF LII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BANGALORE, FOR THE OFFENCE P/U/S 302 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent- State.
2. The petitioner is charge sheeted by the respondent- Police in their Crime No.285/2013 for the offences punishable under Section 302 of IPC.
3. The allegation of the prosecution is, on the night of 3.6.2013, the petitioner insisted the deceased to clear off his wages. When the deceased did not pay the amount, the petitioner stabbed him with a knife. The victim expired in the hospital while on treatment on 4.6.2013.
4. Without going to the merits/demerits of the case, the concern for disposal of this petition is, as the incident is of 3.6.2013, the charge sheet was submitted to the Court on 30.8.2013. Till date, the complainant and the vital witnesses could not be procured by the concerned Court. Four witnesses P.Ws.1 to 4 examined by the Court (C.Ws.11 to 14) are the Doctors, who either examined the victim or conducted the post mortem.
5. From the materials produced by the prosecution, it emanates that the witnesses C.Ws.1 to 9 are coolies and outsiders. As per the submission at the Bar, proclamation issued against these witnesses went in vain and they have not appeared before the Court. In the given circumstance, it is unlikely that the case reaches its logical end in a nearer date. In the given circumstance, there is no impediment to allow the petition.
6. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.285/2013 registered by the respondent- Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- with two local sureties for the likesum;
(ii) He shall attend the Court on all hearing dates without fail; and (iii) He shall not prevail upon the prosecution witnesses.
Sd/- JUDGE PB