IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No.1860 OF 2019 BETWEEN:
Govinda @ Santosh V., S/o. Venkatarmana, Residing at Sundaghatta, Kodihalli Hobli, Kanakapura Taluk, Ramanagara District – 562 119. …Petitioner (By Sri. Abhishek. K., Advocate) AND State of Karnataka, By Harohalli Police Station, Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. …Respondent (By Sri. I.S. Pramod Chandra, SPP-II) This criminal petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.307/2018 of Harohalli Police Station, Ramanagara for the offences punishable under Sections 302 and 109 read with Section 34 of IPC and Section 3(2)(v-a) of SC/ST (Prevention of Atrocity) Act.
This criminal petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed under Section 439 of Cr.P.C. by accused No.2 against the charge sheet filed in C.C.No.10/2019 for the offences punishable under Sections 302, 109 read with Section 34 of the Indian Penal Code and Section 3(2)(v-a) of SC/ST (Prevention of Atrocities) Act, 1989 for granting regular bail.
2. The allegations against the petitioner-accused No.2 and other persons is that on 16.11.2018 at about 4.30 p.m., when the complainant came to her house after finishing her work and she was proceeding along with her husband in Suzuki motorbike bearing Registration No.KA.05 HL.3361 for purchasing household items and when they came near Sri.Muneshwara Temple, accused No.1-Venkatesha and his companions stopped her husband and assaulted with wooden club on the head and chest of the deceased and also on private parts of the deceased by taking the name of the caste and insulted him who is member of SC/ST community. Due to the injuries sustained, husband of the complainant died on the same day.
3. During the course of investigation, petitioner- accused No.2 has been arrested and send to Judicial Custody and his name was shown as accused No.2 in the charge sheet.
4. Learned counsel for the petitioner contended that his name was not shown in the FIR and there is no overtacts made against the petitioner-accused No.2. Accused No.1 assaulted with the wooden club, due to which the deceased sustained injuries and died. Investigation is already completed. Accused Nos.3 and 4 are already granted bail in Crl.P.Nos.9761/2018 and 9760/2018 dated 06.02.2019. He is ready to abide by any of the conditions that may be imposed by this Court. He is in custody for more than 6 months. Hence, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader contended that though the investigation is completed and his name was not mentioned in the FIR as accused but complainant did not know the name of the petitioner, the eyewitnesses clearly stated that in front of them, accused No.1 – Venkatesha and other accused were assaulted the deceased and due to that he sustained injuries and died. Hence, he prays to dismiss the petition.
6. Upon hearing the arguments on both the sides and on perusal of the record especially the post mortem examination report reveals that the death of the deceased occurred due to the hemorrhage and multiple injuries sustained. The Investigating Officer already completed the investigation and charge sheet is filed. Petitioner’s name was not shown in the FIR and the Eye witnesses stated that accused No.1 is involved in the alleged offence and there is no overtacts made against the petitioner-accused No.2. The accused Nos.3 and 4 are already granted bail. The investigation is already completed. The allegations made against the petitioner does not attract the offence under Section 302 of the Indian Penal Code. The alleged offence made against the petitioner-accused No.2 is not exclusively punishable with death or imprisonment for life.
7. Therefore, considering the facts and circumstances of the case, the petitioner is also said to be the member of the SC/ST community and at the instigation, accused Nos.3 and 4 they have assaulted the deceased. Therefore, considering the above aspect, there is sufficient ground made out to exercise the discretionary relief in favour of the petition under Section 439 of Cr.P.C.
8. Accordingly, the petition is allowed. Accused No.2-Govinda @ Santosh V is ordered to be released on bail in Cr.No.307/2018 registered by Harohalli Police Station for the offences punishable under Sections 302, 109 read with Section 34 of the Indian Penal Code and Section 3(2)(v-a) of SC/ST (Prevention of Atrocities) Act, 1989 subject to the following conditions:-
(i) Petitioner-accused No.2 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum to the satisfaction of the Special Court;
(ii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioner shall not indulge in similar type of offence;
(iv) Petitioner shall mark his attendance before the Investigating Officer once in 15 days between 10.00 a.m. and 5.00 p.m. for a period of six months or till completion of the trial whichever is earlier.
(v) Prosecution is at liberty to move an application for cancellation of bail, if petitioner violates any of the conditions.
SD/- JUDGE SJK