IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.641/2019 BETWEEN :
Dhanush S/o H.M. Prakash Aged about 19 years Residing at No.75, Tirumala Gate, IDSMT Layout, Hospete, 7th Ward, Magadi Bengaluru-562 120 (By Sri P. Prasanna Kumar, Advocate) AND :
… Petitioner State of Karnataka by Byadarahalli Police Station Magadi Sub-Division, Bengaluru, Represented by its State Public Prosecutor High Court Building, Dr. B.R.Ambedkar Veedhi Bengaluru-560 001.
… Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.679/2018 of Byadarahalli Police Station, Ramanagara, for the offences punishable under Sections 307, 324 and 506 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.679/2018 of Byadarahalli Police Station for the offences punishable under Sections 307, 324, 506 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. Brief facts of the case are that on 18.12.2018 at about 3.00 p.m., when complainant has opened the shop i.e., juice shop and was casually scrolling through his phone at about 3.45 he saw a group of boys running towards his shop. One of them ran into his shop. Petitioner-accused No.2 was riding the motorcycle by chasing the boys and accused No.1 who was sitting as pillion rider in the said motorcycle was in possession of machete and thrown towards the direction of the boys and when he was swinging the said weapon towards the boys the said weapon fallen on the body of the boys and as a result of the same, they have sustained the injuries. It is further stated that with an intention to cause the death, petitioner along with accused No.1 has caused grievous injuries to the injured. On the basis of the complaint, a case has been registered.
4. Learned counsel for the petitioner submitted that the alleged incident has taken place on 18.12.2018, but the complaint has been lodged on 21.12.2018, i.e., four days after the incident. He further submitted that the injuries suffered by the injured are simple in nature. The injured have taken to the hospital for treatment and on the same day they have been discharged from the hospital. He further submitted that as per the contents of the complaint, accused No.2-petitioner was riding the motorcycle and accused No.1 who was swinging the weapon was sitting as pillion rider and caused the injuries. Petitioner was not having any intention to cause the injuries and the alleged offences are not punishable with death or imprisonment for life. He further submitted that no criminal antecedents are pending as against the petitioner. The trial Court only on the presumption that the cases are pending as against the petitioner has rejected his bail application. But the said cases are pending as against accused No.1. The petitioner is ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition by granting bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner along with accused No.1 chased the boys and with an intention to cause their death, they have thrown the lethal weapon and caused the injuries. He further submitted that the accused are habitual offenders and even the blood stained clothes of the injured have also been seized by the police. There is ample material to connect the petitioner to the alleged crime. There are no good grounds to release him on bail. Hence, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the contents of the complaint, the alleged incident has taken place on 18.12.2018 whereas the complaint has been lodged on 21.12.2018. The injuries suffered by the injured are simple in nature. The injured after taking the treatment in the hospital, have been discharged from the hospital and there is no explanation for the delayed complaint. Even as could be seen from the contents of the complaint there are no specific overt acts alleged as against the petitioner. The only allegation which has been made against accused No.2-petitioner is that he was riding the motorcycle and at that time, accused No.1 who was sitting as pillion rider thrown the said weapon and caused the injuries to the injured. No other overt acts have been stated as against the petitioner. Under the said facts and circumstances, I feel that when the injured have suffered simple injuries and they have been discharged from the hospital and they are out of danger, by imposing some stringent conditions, if the petitioner is ordered to be released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused No.2-petitioner herein is enlarged on bail in Crime No.679/2018 of Byadarahalli Police Station for the offences punishable under Sections 307, 324, 506 r/w. Section 34 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence in any manner till the disposal of the case.
iii) He shall mark his attendance before the jurisdictional police once in fifteen days between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-