IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.909/2019 BETWEEN DEEPAK S/O. DORESWAMY, AGED ABOUT 23 YEARS R/AT NO. 107, MARAPPA GARDEN, BENSON TOWN, BANGALORE 560046 ... PETITIONER (BY SRI: MEHABOOB GOUSE, ADVOCATE) AND STATE OF KARNATAKA BY SHO, RAMAMURTHY NAGAR PS, BANGALORE CITY, REP BY GOVT PLEADER, HIGH COURT BUILDING, BANGLAORE-560001 ... RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.126/2018 (S.C.NO.1472/168) OF RAMAMURTHY NAGAR P.S., BANGALORE FOR THE OFFENCES P/U/SS. 302, 323, 506, 212 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The present petition has been filed by accused No.6 under Section 439 of Cr.P.C., to release him on bail in Crime No.126/2018 of Ramamurthy Nagar Police Station (S.C.No.1472/2018) for the offences punishable under Sections 323, 302, 506 and 212 read with Section 34 of IPC.
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 son of the complainant was studying in Federal Public School, Hegde Nagar and he was a drop out. Thereafter, he was roaming with a boy named Mitayi from Banasavadi. The complainant told him to go somewhere for job and she made him to join as office boy, but he did not go and work and he was not listening to the words of the complainant and was roaming with his friend. On 19.03.2018 at about 9.00 p.m., the son of the complainant came home and told that a case related to fight is filed on him and he did not tell anything else and thereafter he slept. On 20.03.2018 at about 9.00 p.m., the complainant as usual went to the office, at about 6.30 p.m., her brother-in-law’s wife called her to come near the Chaya Hospital and said that someone has murdered the son of the complainant. Accordingly, she went to the hospital and saw that her son’s neck was pierced with some weapon and it was bleeding and he was murdered. When she enquired with her son’s friends, they said that some boys fought with her son near Narayan School, Kasthuri Nagar, at about 5.30 p.m., and one person among them pierced his neck by some weapon and he died. Based on the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that petitioner is innocent and he has not committed any offences as alleged. He further submitted that, already accused Nos.3 and 4 under the similar facts and circumstances, have been released on bail. On the ground of parity, petitioner is also entitled to be released on bail. He further submitted that there are no incriminating material against the petitioner, even he was not present at the place of incident as on the date of alleged incident. The only allegation which has been made against the petitioner is that he has conspired with other accused persons and he investigated to eliminate the deceased. He further submitted that the petitioner is ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety, if he is released on bail. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner-accused No.6 conspired with other accused persons and at his instigation the deceased has been eliminated. She further submitted that CW.2 is eyewitness to the alleged offence and he has identified the petitioner along with other accused persons in the police station. She further submitted that there are strong circumstances to show that petitioner was involved in the alleged offence, which is a serious offence punishable with death or imprisonment for life and if the petitioner is enlarged on bail, he may abscond and he may not be available for the trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the charge sheet material which has been made available along with the petition, CW.2-Shivraj is the eyewitness and in his statement, there are no incriminating materials against the petitioner-accused No.6 with regard to assault on the victim with knife or with any deadly weapons. Even the presence of the petitioner has not been stated in the statement. The only allegation made against this petitioner in the charge sheet that the petitioner conspired and instigated other accused persons to eliminate the deceased, has to be considered and appreciated at the time of trial. On the contrary, no material to show that the petitioner has conspired with other accused persons to eliminate the deceased. Further, accused Nos.3 and 4 have already been released on bail under the similar facts and circumstances. Under these facts and circumstances of the case, petitioner-accused No.6 is also entitled to be released on bail.
8. In the light of the discussion held by me above, the petition is allowed and petitioner-accused No.6 is ordered to be released on bail in Crime No.126 /2018 of Ramamurthy Nagar Police Station, Bengaluru for the offences punishable under Sections 302, 323, 506 and 212 read with Section 34 of IPC, subject to following conditions:
1. Petitioner-accused No.6 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 jurisdictional Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance on the first date of every month between 10:00 a.m., to 5:00 p.m., before the jurisdictional police till the trial is concluded.
Sbs* Sd/- JUDGE