IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No. 7596 OF 2018 BETWEEN:
Shri. Deepu, 30 years, S/o. Miska Rajanna, R/o Hirisave Village, Kasaba Hobli, Channarayapatna Taluk, Hassan District -573 116. …Petitioner (By Sri. C.N. Keshava Murthy, Advocate) AND State by Shravanabelagola Police Station, Hassan. …Respondent (By Sri. K.P. Yoganna, HCGP) This criminal petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.159/2017(S.C.No.156/2018) registered by Sharavanabelagola Police Station, Hassan District for the offence p/u/s 143, 147, 148, 504, 341, 323, 324, 363, 307, 302 r/w 149 of IPC.
This criminal petition coming on for orders this day, the Court made the following:
ORDER The present petition has been filed by the petitioner/accused-1 under Section 439 of Code of Criminal Procedure praying to release him on bail in Crime No. 159/2017 (S.C. No.156/2018) pending on the file of IV Additional District and Sessions Judge, Hassan District, sitting at Channrayapatna for the offences punishable under Sections 143, 147, 148, 504, 341, 323, 324, 363, 307, 302 r/w 149 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent/State.
3. The genesis of the case of the prosecution are that on 16.08.2017 at about 10.00 p.m. when the wife of the deceased, CW-1-Kumar and others were temporarily stayed. At that time accused -1 to 3 went near the APMC yard in Hirisave town and accused-1 pulled the bed-sheet worn by the wife of the deceased and deceased questioned the accused -1 for having pulled the bed sheet of his wife and pushed accused-1 as a result of which, accused -1 fell down and sustained injuries on his forehead. Accused -1 to 3 carried grudge against deceased Raju and threatened the deceased Raju and CW1 to vacate that place, otherwise they should face the dire consequences. It is alleged that on 17.08.2017 at 8.30 a.m. deceased Raju and his brother CW1 shifted their family members and belongings to Hiriyalamma temple. Accused -1 to 3 with an intend to teach a lesson to deceased, who caused injury to accused -1 came in a Indica car bearing No.KA-02-AE-1486 near Hiriyalamma temple and abducted CW1 and deceased Raju and brought them near APMC yard of Hirisave town on the same day at 6.30 p.m., with an intention to take away the life of the deceased and another witness. It is further alleged that accused -1 assaulted the deceased and accused 2 also assaulted with dried bottom of coconut branch and also assaulted the brother and then also smothered the deceased. It is further alleged that thereafter accused -1 to 3 brought the deceased and injured brother of the deceased near tele-channel at about 11.00 p.m. again they assaulted with club and dried bottom of the coconut branch and thereafter accused -1 smothered with towel and accused -2 hit with stone to CW1 and thereby committed the alleged offence. On the basis of this a case has been registered.
4. It is the submission of the learned counsel for the petitioner-accused-1 that there is a delay of 1 ½ day in lodging the complaint. The alleged incident took place on 17.08.2017 at about 11.00 p.m. and the complaint has been registered on 18.08.2017 at about 12.30 p.m.. He further submitted that the similar allegations have been made against accused -3 and 4 and they have been released on bail by this Court and the District Court in Crl. P. No. 5177/2018 by order dated 02.08.2018 and on 10.04.2018. On the ground of parity the petitioner- accused is also entitled to be released on bail. He further submitted that charge sheet has already been filed. Even accused-1 was not knowing the case which has been registered against him but on 08.05.2018 he voluntarily surrendered before the Court. It is also submitted that alleged incident is an accidental incident because of the accidental injuries deceased dies and case converted into criminal case. He further submitted that the petitioner is ready to abide by any conditions that may be imposed by this Court and also ready to furnish sureties. On these ground the learned counsel for the petitioner prays to allow the petition and to release the petitioner-accused-1 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that CW-1/complainant –brother of the deceased and there are overt-act of the accused-1 and other persons. He also submitted that specific allegations are made as against the petitioner-accused to show that the petitioner-accused-1 smothered and caused the death of deceased. He further submitted that earlier to the incident, there was an incident on 16.08.2017 that the accused-1 who has pulled the bed-sheet, which was worn by the wife of the deceased, that is the cause for the alleged incident to take place. Under such circumstances, he may not be eligible to release on bail. On these grounds he prayed to dismiss the bail petition.
6. I have carefully and cautiously heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and perused the records.
7. On a close reading of the records that in the complaint lodged on 18.08.2017 there are specific over tact, which has been stated as against the petitioner- accused-1. Even he has assaulted with club and it is also alleged that he has smothered and thereafter he has also assaulted with stone and caused injuries and as a result of the same deceased died because of the injuries. I have gone through the order of this Court. While releasing the accused-3 and 4, the same parity ground is not applicable to the present petitioner-accused-1 is concerned. There are no good grounds to allow the petition and to release the petitioner –accused-1 on bail that too when he is the main accused person who was involved in death of deceased which is a punishable with death or imprisonment for life.
Hence the petition is dismissed.
Sd/- JUDGE BVK