IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4347/2019 BETWEEN DASTHAGIR PASHA S/O. LATE ANVAR PASHA AGED 26 YEARS R/AT. BALLEKERE VILLAGE BOOKANAKERE HOBLI K.R.PET TALUK MANDYA DISTRICT – 571 436 ... PETITIONER (BY MS. RAKSHA KEERTHANA.K, ADVOCATE FOR SRI. KEMPARAJU, ADVOCATE) AND STATE OF KARNATAKA BY K.R.PET RURAL POLICE STATION REP. BY PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP FOR) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.247/2016 OF K.R.PET TOWN POLICE STATION, MANDYA DISTRICT FOR THE OFFENCE P/U/S 143, 147, 148, 307, 302, 212, 114, 506, 120-B, 109, 201 R/W 149 OF IPC AND SEC. 25(1) OF ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A1) and the learned HCGP for the Respondent–State. Perused the records.
2. The petitioner is arraigned as Accused No.1 in the charge sheet filed by the respondent-K.R. Pet Police, Mandya, in Crime No.247/2016 [C.C.No.405/2016 & SC No.5021/2017] for the offence punishable under Sections 143, 147, 148, 307, 302, 212, 114, 506, 120(B), 109, 201, 149 of IPC, pending before the Court of III Additional District Sessions Judge at Mandya (Sitting at Srirangapatna).
3. The brief facts of the case are that, on 19.08.2016 the petitioner (A1) along with other accused persons hatched conspiracy to do away with the life of the deceased K.J.Rajesh, who is no other than the brother of the complainant. It is alleged that on 19.09.2016 at about 5.00 p.m., the complainant-B.
Manju, his brother Rajesha, and one Chethu and Venu were present and talking to each other in the cycle. At that time, Accused Nos.1 to 10 formed themselves into an unlawful assembly and entered the cycle show room and out of them Accused Nos.1, 2, 4, 5, 6 & 7 were holding longs in their hands. Accused No.1 assaulted the said Rajesh on his head and other parts of the body and other accused persons viz., 2, 4, 5, 6 & 7 have also assaulted him on various parts of the body, who succumbed to the injuries later. In that incident, it is alleged that CW.1, CW.2 & CW.3, who were present in the cycle show room also sustained some bleeding injuries. CW.1, the injured has stated that the petitioner (A1) has assaulted the deceased Rajesh with a long on the head and when he tried to assault Venugopal (CW.2) with a chopper on his head, but incidentally the blow fell on his hand. CW.4, CW.5 & CW.6 are the injured eyewitnesses, who have categorically stated about the participation of this petitioner (A1) in the incident and also he assaulting the deceased Rajesh on the head and also assaulting the other victims viz., CW.2 & CW.3.
4. Though the petitioner was arrested long back, since he is said to be the main accused and also the prosecution has placed some prima facie material and also the eyewitnesses’ version to the alleged incident is available and the same is also supported by the post- mortem report, in my opinion, at this stage, it is not proper for this Court to enlarge the petitioner (A1) on bail. Therefore, in the facts and circumstances, the petition is devoid of merit and the same is liable to be dismissed.
Accordingly, the petition is dismissed.
Sd/-
JUDGE KGR*