IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7173/2019 BETWEEN:
FARID KHAN @ FARID, S/O. SRI. AMANULLA, AGED ABOUT 28 YEARS, R/O. BOMMANAKATTE VILLAGE, BHADRAVATHI TALUK-577 301. ... PETITIONER [BY SRI. SUHAIB FAZEEL M., ADVOCATE] AND:
1. STATE OF KARNATAKA, BY PAPER TOWN POLICE STATION, BHADRAVATHI.
REP. BY HCGP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. RAVI, S/O. LATE MUNISWAMI, LAST CROSS, APPAJI BADAVANE, HIRIYURU, BHADRAVATHI TALUK-577301, SHIVAMOGGA, KARNATAKA. ... RESPONDENTS [BY SRI. HONNAPPA, HCGP FOR R1.
R2 IS SERVED] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.52/2019 (SPL.C. NO.153/2019) REGISTERED BY PAPER TOWN POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 323, 324, 326, 504, 302 AND 307 R/W 34 OF IPC AND SECTION 3(1)(r)(s)(2)(v) OF SC/ST (POA) AMENDMENT ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.2 in Crime No.52/2019 [Spl.C. No.153/2019] registered by the Paper Town Police Station, Shivamogga for the offence under Sections 323, 324, 326, 504, 302, 307 r/w. 34 OF IPC and Sections 3(1)(r)(s)(2)(v) of SC/ST [Prevention of Atrocities] Amendment Act.
3. The brief facts of the case are that;
The petitioner/accused No.2 along with other accused persons alleged to have joined together on 07.04.2019 at 9.30 p.m. and started quarrelling with deceased Ramesh and another by name Suresh in connection with damaging of indicator of the motorcycle by accused No.4. In this context, it is alleged that this petitioner caught hold of Suresh and accused No.1 has stabbed Suresh and also stabbed Ramesh with the same knife. During the said period accused No.1 also sustained injuries to his stomach.
4. Looking to the above said facts and circumstances, the only allegation against the petitioner herein is that he has caught hold of Suresh, injured person. But, the accused and deceased Ramesh were quarrelling with each other independently and in that context it is alleged that accused No.1 stabbed Ramesh. As a result, he succumbed to the injuries. Therefore, whether the petitioner had knowledge about accused No.1 caused fatal injury to Ramesh and also had common intention to do away with the life of Ramesh has to be established during the course of full fledged trial. In the facts and circumstances of the case, the petitioner is in jail and he is no more required for further investigation as the investigation is complete and the charge-sheet has been filed and he is not the main accused. In the above said facts and circumstances, in my opinion, the petitioner is entitled to be enlarged on bail with conditions. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.52/2019 [Spl.C. No.153/2019] registered by the Paper Town Police Station, Shivamogga for the offence under Sections 323, 324, 326, 504, 302, 307 r/w. 34 OF IPC and Sections 3(1)(r)(s)(2)(v) of SC/ST [Prevention of Atrocities] Amendment Act subject to the following conditions:
i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with two solvent sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed off.
Sd/- JUDGE Ksm*