IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5624 OF 2019 BETWEEN:
Chandu @ Vasanthkumar, Aged about 27 years, S/o late Venkatesh, R/at Bore Ananduru Village, Elavala Hobli, Mysuru Taluk and District – 571 130. …Petitioner (By Sri P.Nataraju, Advocate) AND:
State of Karnataka, By Pandavapura Police Station, Mandya District.
Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. …Respondent (By Sri.Rohith B.J., HCGP) This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.48/2019 of Pandavapura P.S., Mandya District For the offence P/U/S 143, 147, 324, 307, 302 read with 149 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.
2. The Respondent-police have laid the charge sheet against the petitioner who is arraigned as accused No.5 and also against other accused persons totally against six accused persons, for the offence punishable under Sections 143, 147, 324, 302, 307 read with 149 of IPC registered in Crime No.48/2019 of Pandavapura Police Station.
3. The allegations as per the charge sheet are that on 18.2.2019 in Chikkade village of Pandavapura taluk there was a fair of goddess Deveeramma. All the accused persons as well as the deceased Yajaman Thimmegowda and other witnesses were present in the said fair. It is the allegation that accused No.2 has married C.W.7 and there was a demand for dowry and also a case registered in this regard. The accused persons under the impression that deceased Yajaman Thimmegowda was the root cause for this, have decided to do away with the life of Yajman Thimmegowda on that particular day of the fair. In this context, it is alleged that accused Nos.1 to 3 were holding choppers as well as knife and they assaulted the deceased Thimmegowda on his hand, head, neck and other parts of the body. It is also alleged that petitioner-accused No.5 was also holding long and assaulted on the left hand of deceased Yajaman Thimmegowda and also assaulted C.W.4 Gowtham on his head and caused simple injuries.
4. On careful perusal of the first information report, it is seen that a detailed report has been given specifically narrating the overt acts of the accused persons. In the said first information report the allegation against the petitioner herein is that he has assaulted one Gowtham and caused simple injuries. There is no mention that this petitioner has assaulted the deceased as contended by the learned counsel for the petitioner. There is some improvement in the statements of the eyewitnesses subsequently, with regard to the overt act of this petitioner that he also assaulted the deceased on his hand, which has to be proved during the course of full dressed trial. Therefore, considering the above said discrepancy, as there is no specific allegation that this petitioner has assaulted the deceased, in my opinion, the common intention of all the accused persons that they intended to do away with the life of the deceased and the common intention on the part of the petitioner in particular, has to be established during the course of trial. As the investigation has already been completed and petitioner is in judicial custody since 28.2.2019, in my opinion, the petitioner is entitled to be enlarged on bail on certain conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner-accused No.5 shall be released on bail in connection with C.C. No.299/2019 on the file of Civil Judge (Jr.Dn.) and JMFC, Pandavapura, Mandya District (arising out of Crime No.48/2019 of Pandavapura police station) registered for the offences punishable under Sections 143, 147, 324, 302, 307 read with 149 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/-
JUDGE Cs CT:SN