IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.1553/2019 BETWEEN C.S. LOKESH S/O SUBBAIAH, AGED ABOUT 32 YEARS, WORKING AS CASHEIR IN CAUVERY BAR, R/AT RACE COURSE ROAD, NEW EXTENSION MADIKERI TOWN, KODAGU DISTRICT-571 201 ... PETITIONER (BY SRI R.K. MAHADEVA, ADVOCATE) AND THE STATE OF KARNATAKA REP BY THE STATION HOUSE OFFICER, MADIKERI TOWN POLICE STATION, MADIKERI TOWN CIRCLE, KODAGU DISTRICT-571 201 REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT, BENGALURU-560001 ... RESPONDENT (BY SRI M. DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.165/2018 (C.C.NO.57/2019) OF MADIKERI TOWN P.S., KODAGU DISTRICT FOR THE OFFENCES P/U/SS 323, 448, 384, 307 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petition is filed by accused No.1 under Section 439 of Cr.P.C., to release him on bail in Crime No.165/2018 of Madikeri Town Police Station for the offences punishable under Sections 323, 448, 307 read with 34 of IPC and Sections 3 and 25 of Indian Arms Act, 1959.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
3. The gist of the complaint is that the complainant is having S.K.P. Canteen in Salafi Masjid Building, Hill Road, Madikeri along with CWs2 and 3. The petitioner and accused No.2 were working in Cauvery Bar situated opposite to the said Canteen. Petitioner is involved in many cases. By taking advantage of some accused, petitioner used to threaten the complainant through accused No.2 and take whatever they wanted from the said Canteen without paying any money. The petitioner was also collecting Hafta of Rs.100/- to Rs.200/- from CWs.1 to 3 by threatening them. On 18.10.2018 at 7.45 p.m., the petitioner made accused No.2 to bring 2 plates of Chicken Rolls from the said Canteen and again sent him for 1 plate of Gobi Manchurian. CW2 told accused No.2 that the old dues are yet to be paid and refused to give him anything. Accused No.2 went to petitioner and informed him about it, then the petitioner came to the said Canteen and punched CW3 on his back and entered into the Canteen and caught hold his shirt collar and threw the food items. Also he threatened the complainant and CWs2 and 3 as to why they had not sent the food ordered by him and he would send them away to Mysuru. It is further alleged that during the same day at 9:27 p.m., the petitioner fired with his gun from the window in the corridor of his room towards Canteen on 3 occasions, which caused gunshot injuries on the right thigh of CW1 and below the knee of both legs of CW2 and caused simple injuries to them. Based on the complaint a case came to be registered.
4. It is the submission of the learned counsel for the petitioner that petitioner is innocent and he has not committed any offences. It is his further submission that the injured has got admitted in the hospital on 18.10.2018 and discharged on 23.10.2018 and he is out of danger. He further submitted that the alleged offences are not punishable with death or imprisonment for life. There is no prima facie material to connect accused/petitioner to the alleged crime. It is his further submission that already the injured are discharged, the petitioner is ready to abide by any conditions and to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the gun has been recovered at the instance of the petitioner and two empty cartages have also been recovered from the place of alleged incident. He further submits that the CCTV Footages clearly go to show the participation of the petitioner in the said crime. He further submitted that the accused petitioner has well planned to get the complainant eliminated. In that background, it is clear that the accused has focused on the complainant and caused the injuries. He further submitted that if the accused is ordered to be released on bail, he may abscond and he may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the parties and also perused the records, including the contents of the complaint.
7. On close reading of the contents of the complaint and other materials available on record, it would indicate that there exists an enmity between the complainant and the accused and they are not with talking terms. Both, the complainant and CW2 have suffered simple injuries and they have been discharged on 23.10.2018 and 26.10.2018, respectively. The alleged offences are not punishable with death or imprisonment for life. Therefore, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on bail, it would meet the ends of justice.
8 Accordingly, the petition is allowed and accused- petitioner herein is enlarged on bail in Crime No.165/2018 of Madikeri Town Police Station for the offences punishable under Sections 323, 448, 307 read with 34 of IPC and Sections 3 and 25 of Indian Arms Act, 1959, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall be regular in appearing before the trial Court as and when he is ordered to do so.
iii) He shall not tamper with the prosecution evidence directly or indirectly and he shall not threaten the complainant in any manner.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
v) He shall mark his attendance before the Investigating Officer once in fifteen days between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
vi) In the event of tampering of the prosecution evidence by the accused, the prosecution is at liberty to move for cancellation of the bail.
Sd/- JUDGE Sbs*