IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION No.8233/2018 C/w CRIMINAL PETITION No.8170/2018 IN CRL.P.NO.8233/2018 BETWEEN:
BHEEMA @ MAHESH, S/O. JAYARAM, AGED ABOUT 37 YEARS, R/AT NO.7/4, 2ND MAIN, JAYANAGARA, MYSURU – 570 014.
...PETITIONER (BY SRI.BIPIN HEGDE, ADV.,) AND:
STATE BY SARASWATHIPURAM POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
(BY SMT.NAMITHA MAHESH.B.G., HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.105/2018 OF SARASWATHIPURAM POLICE STATION, MYSORE CITY FOR THE OFFENCE P/U/S 143, 144, 147, 506, 307 R/W 149 OF IPC.
IN CRL.P.NO.8170/2018 BETWEEN: SAMARTH, S/O. V.A.CHANDRAKANTH, AGED ABOUT 20 YEARS, R/AT NO.C H. 71, VI MAIN, II CROSS, SARASWATHIPURAM, MYSURU - 570 019.
(BY SRI.DILIP KUMAR.K, ADV.,) AND:
THE STATE OF KARNATAKA THE INSPECTOR OF POLICE SARASWATHIPURAM POLICE STATION, MYSORE – 570 019, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
(BY SMT.NAMITHA MAHESH.B.G., HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.105/2018 OF SARASWATHIPURAM POLICE STATION, MYSORE CITY FOR THE OFFENCE P/U/S 143, 144, 147, 506, 307, 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners in these cases are accused Nos.2 and 5 in Crime No.105/2016 of Saraswathipuram Police Station. The said case is registered against the petitioners and four others for the offence punishable under Sections 143, 144, 147, 506, 307, 149 of IPC.
2. It is alleged that on 20.09.2018 at 5.00 p.m. when victim Supreeth Gowda was talking to his friends in the stadium near Deaf and Dumb School, Saraswathipuram, Mysore, the accused came in Scorpio cars armed with deadly weapons and assaulted him with choppers and attempted to commit murder.
3. The allegation against the petitioner in Crl.P.No.8233/2018 is that he assaulted the victim with a long machete on his head. The allegation against the petitioner in Crl.P.No.8170/2018 is that he assaulted the victim with long machete on his right arm.
4. Learned counsel for the petitioners submit that the victim has suffered simple injuries and the petitioners are falsely implicated in the case. They further submit that this Court in Crl.P.No.8726/2018 has granted bail to accused No.3 and the present petitioners also stand on the same pedestal.
5. Smt.Namitha Mahesh.B.G., learned HCGP submits that the victim has given further statement to the effect that accused No.5 has also assaulted on the head of the victim and victim has suffered grievous injuries on the head. She further submits that the weapons used by the accused are yet to be recovered and accused No.3 was granted bail after his arrest and recoveries. Therefore, that order does not enure to the benefit of the petitioners.
6. It is not doubt true that accused No.3 was granted bail in Crl.No.8726/2018. But such relief was granted observing that the injuries inflicted by him was on the right wrist which is not a vital part. Apart from that, the said relief was granted after the arrest of the said accused. Whereas, the bail petition of accused No.1 was rejected having regard to the nature of the allegation made against him.
7. The wound certificate shows that victim has suffered grievous injuries on his head. As per the Investigating Officer’s report and the charge sheet, the weapon used by accused No.5 is yet to be recovered. Having regard to the nature of the injuries and the allegation made against the petitioners, it is not a fit case to grant pre-arrest bail.
Therefore, the petitions are dismissed.
Sd/- JUDGE VM