IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7171 OF 2019 BETWEEN:
Deekshith M.S, @ Deekshith Gowda M.S, S/o Shivashankar, Aged about 18 years, R/at in front of Kuvempu Stadium Guttalu Colony, Mandya District-571 426.
...Petitioner (By Sri. Basavaraj S. Sappannavar, Advocate) AND:
State of Karnataka, K.R. Pete Rural Police State – 571 426, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
(By Smt. M. Divakar Maddur, HCGP) ... Respondent This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.118/2017 of K.R.Pet Rural Police Station, Mandya for the offence punishable under 364, 454, 380 and 302 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 respondent- State.
2. The present application has been filed by the accused under Section 439 of Cr.P.C. seeking to release him on bail in Cr.No.118/2017 of K.R. Pet Rural Police Station, for the offence punishable under Section 364, 454, 380 and also under Section 302 of IPC.
3. The gist of the complaint is that the complainant had two children and deceased Shashank was studying in 8th standard. On 15.05.2017 morning hours the complainant and his wife went out of the house by leaving deceased and at about 11 am, the daughter also left and in the afternoon at about 3 pm they came to the house and saw that the door was locked and the chappals of the deceased were also not found out side the house and when they called over the phone, the said phone was not reachable, they waited upto 5 pm and thereafter they made enquiry with his friends but his son was not traced. On 16.05.2017 at about 7 am his relative one Nagashree Shetty and Anaiah Shetty when they were searching, they found the body of the deceased Shashank and the chappals and immediately they informed the complainant, when the complainant went and saw the body was in a supine position and the breath was not coming from the mouth and there were some injuries over the body of the deceased under the impression that some miscreants have committed the said offence. The said complaint was registered and subsequently, after investigation, the charge sheet has been filed.
4. It is the submission of the learned counsel for the petitioner-accused that since 2½ years the petitioner-accused is languishing in jail and he is a young boy. If he is allowed to be languished in jail he may mingle with the hard-core criminals inside the jail and his career is going to be ruined. It is his further submission that the entire case rests on the circumstantial evidence and even the other circumstantial evidence are not strongly indicat that the accused has been involved in the alleged crime. It is his further submission that the petitioner-accused is also suffering with Urinary Infection and he has been admitted to the hospital for treatment. In that light also on medical grounds, the petitioner accused is entitled to be released on bail. On these grounds, he prays to allow the petition.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that earlier, the accused-petitioner has approached this Court in Crl.P.No.653/2019. This Court by order dated 10.04.2019 by considering the merits of the case, has dismissed the petition. He further submitted that there is no further change in circumstance to revive the petition. He further submitted that there is extra judicial confession and the two witness have been examined under Section 164 of Cr.P.C., before the learned Magistrate and therein also they have admitted that confession was made by the accused. It is further submitted that the gold chain, gold articles and the key of the house of the complainant has been recovered at the instance of the accused-petitioner. It is further submitted that there are no documents produced by the accused to substantiate the grounds of medical to release him on bail. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by learned counsel appearing for the parties and perused the records.
7. It is not in dispute that earlier the accused- petitioner approached this Court and this Court by order dated 10.04.2019 dismissed the bail application. In that light, the contention of the learned counsel for the petitioner that the entire case rests on circumstantial evidence and there were no eye witness to the alleged incident and the only evidence is the recovery, which has been done at the instance of the accused with regard to the chain and other articles, cannot be accepted that too at this juncture to consider the bail application where there are no change in circumstances. But however, the learned counsel for the petitioner-accused submitted that the accused- petitioner is suffering with Urinary infection and he has produced some Xerox copies of the treatment taken by the accused. But nowhere in the said records, it indicates that what is the treatment required, which cannot be provided in the jail itself. In the absence of any such material, it cannot be held that accused requires medical treatment and he should be released on bail.
8. The next contention which has been taken up by the learned counsel for the accused-petitioner is that since 2½ years he is languishing in jail and if he is allowed to be in jail, he may mingle with the hard-core criminals inside the jail and is likely to effect his future. The contention that because the accused is languishing in jail since long, there is likelihood that he may mingle with the hard-core criminals is not a good ground to release the petitioner-accused on bail. The petitioner- accused has not made out any good grounds to revive the bail application. In the light of above, the petition is devoid of merits. Hence, the same is liable to be dismissed. Accordingly, the petition stands dismissed.
Sd/- JUDGE ag