IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION No.1034/2019 Between:
Chal @ Charles, S/o. David, Aged about 42 years, R/a No.79, 20th Cross, New Bagalur Layout, St.Thomas Town Post, Bengaluru - 560 084. ... Petitioner (By Sri. Anees Ali Khan, Adv.,) And:
State by K.G.Halli P.S., Bengaluru. Represented by The State Public Prosecutor, High Court of Karnataka, High Court Buildings, Bengaluru - 560 001. ... Respondent (By Smt.Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed u/s.439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.185/2018 (S.C.No.1437/2018) of Kadugondanahalli P.S., Bengaluru for the offence p/u/ss 114, 341, 302, 504 r/w 34 of IPC.
This petition coming on for Orders this day, the Court made the following;
ORDER This petition has been filed by petitioner/accused No.3 under Section 439 of Cr.P.C. seeking to release him on bail in Crime No.185/2015(S.C.No.1437/2018) for the offences punishable under Sections.114, 341, 504 and 302 r/w Section 34 of IPC.
2. Gist of the complaint is that on 23/04/2018 at about 10.45 a.m., accused Nos.1 to 3 and father of accused No.1 were consuming alcohol and the deceased was also consuming the same at that time, father of accused No.1 stamped the leg of deceased. Hence, there was altercation between the accused persons and deceased. At that time, it is accused Nos.2 and 3 caught hold of the deceased and accused No.1 broke open the beer bottle and assaulted on the head of the deceased and thereafter, pierced on the neck of the deceased. As a result, he died on the spot and a case has been registered.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
4. It is the submission of the learned counsel for the petitioner that petitioner/accused No.3 has not committed the alleged offence. There are no specific overt acts alleged against him. It is further submitted that he has not assaulted the deceased and the only allegation made as against him is that along with accused No.2, he caught hold of the accused. At that time, accused No.1 broke open the beer bottle and stabbed the deceased. It is further submitted that the alleged incident has taken place all of a sudden in an altercation. He further submitted that charge sheet has already been filed and petitioner is not required for the purpose of investigation or interrogation. He further submitted that petitioner is ready to abide by the conditions imposed by the court and ready to offer sureties. On these grounds, he prayed to allow the petition.
4. Per contra, learned HCGP appearing for the respondent/State submitted that petitioner/accused No.3 is involved in a serious offence which is punishable with death or imprisonment for life. It is further submitted that there is a prima facie material to show that petitioner/accused No.3 was also present and he along with accused No.2 caught hold of the deceased at that time of accused No.1 stabbing the deceased with broken beer bottle. On these grounds, she prays for dismissal of the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records along with charge sheet material.
6. As could be seen from the charge material, which indicates that the alleged incident has taken place in a spur of moment in an altercation. There were exchange of words. At that time, accused Nos.2 and 3 were caught hold of the deceased and accused No.1 broke open the beer bottle and assaulted on the head of the deceased and thereafter, pierced on the neck of the deceased. There are serious overt acts against accused No.1. There is no specific overt acts alleged against accused No.3. In similar situation, this Court has released accused No.2 in Criminal Petition No.9038/2018 by order dated 06/03/2019. On the ground of parity, accused No.3 is also entitled to be released on bail.
7. Hence, the petition is allowed. Petitioner/accused No.3 is enlarged on bail in Crime No.185/2018 (S.C.No.1437/2018) of K.G. Halli Police Station for the offences punishable under Sections 114, 341, 302 and 504 read with Section 34 of IPC, subject to the following conditions:
1. Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/-
(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall regularly appear before the Court for trial.
Sd/- JUDGE Msu