IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23rd DAY OF JANUARY 2019 BEFORE THE HON’BLE Mr. JUSTICE B.A.PATIL CRIMINAL PETITION No.9158 of 2018 C/W CRIMINAL PETITION No.8928 of 2018 In Crl.P.No.9158/2018 Between:
Guru @ Gurumurthy, S/o Maheshappa, Aged about 30 years, R/at No.202, Gangabhavani Temple Road, Near Old Panchayat Office, Kodigehalli, Bengaluru – 560 098. …Petitioner (By Sri.Kemparaju, Advocate) And:
State of Karnataka, By Kodigehalli Police Station, By its State Public Prosecutor, High Court Complex, Bengaluru – 560 001. …Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.171/2018 (C.C.No.30153/2018) of Kodigehalli P.S., Bangalore for the offence P/U/S 307 read with 34 of IPC.
In Crl.P.No.8928/2018 Between:
Srikanth.G.D, (In FIR & Remand Application His name shown as Nagaraj), Aged about 33 years, R/at No.36, Near Burial Ground Houses, Rajajinagar, Bengaluru - 10. …Petitioner (By Sri.D.C.Parameswaraiah, Advocate) And:
State of Karnataka, By Kodigehalli Police, Bengaluru, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. …Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.171/2018 of Kodigehalli Police Station, Bengaluru City for the offence punishable under Section 307 read with 34 of IPC.
These petitions coming on for orders, this day, the Court made the following:-
ORDER Criminal Petition No.9158/2018 has been filed by Accused No.3 and Criminal Petition No.8928/2018 has been filed by Accused No.1 under Section 439 of Cr.P.C., to release them on bail in Crime No.171/2018 of Kodigehalli Police Station for the offence punishable under Section 307 read with Section 34 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Govt. Pleader.
3. The gist of the complaint is that on 07.08.2018 at about 7.30 a.m., complainant lodged a complaint alleging that on 06.08.2018, his friend approached the complainant and at about 9.00 p.m., when the complainant was returning to his house near Venkataramanaswamy temple at Kodigehalli, Accused No.2 and two other persons waylaid the complainant and assaulted with iron rod on the head of the complainant. All the three persons punched on the face, eye and nose. As a result of the same, he sustained injuries and immediately, he was shifted to the hospital and a complaint was lodged.
4. It is submitted by the learned counsel appearing for the petitioners that already Accused No.2 has been released on bail by this Court and on the ground of parity, the present petitioners are also entitled to be released on bail. He further submitted that injured was got admitted to the hospital on 07.08.2018 and discharged on 10.08.2018. He is out of danger. Even the alleged injuries are simple in nature. He further submitted that already chargesheet has been filed and the petitioners are not required for the purpose of further investigation or interrogation. He submitted that the medical records and the complaint indicates that assailants are unknown. Under the said facts and circumstances, he prays to allow the petition and to release the petitioners on bail.
5. Per contra, learned High Court Govt. Pleader vehemently argued and submitted that the injuries suffered by the injured are grievous in nature and the alleged incident has taken place when the accused asked the victim to return the mobile and he refused to return the same. If the petitioners are released on bail, they may tamper with the prosecution evidence and may abscond and prayed that the petition may be dismissed.
6. On perusal of the complaint and other records, the alleged incident has taken place when the accused asked the victim to return the mobile and he refused to return the same. As could be seen from the wound certificate issued by Medstar Hospital, Kodigehalli, the injured was got admitted on 07.08.2018 and discharged on 10.08.2018. That itself indicates that the injured is out of danger. The alleged incident is not punishable with death or imprisonment for life. Be that as it may. As could be seen from the records, Accused No.2 has been released on bail by this Court. On the ground of parity, the present petitioners are also entitled to be released on bail.
7. Hence, both the Petitions are allowed and the Petitioners-Accused Nos.3 and 1 are ordered to be released on bail subject to following conditions:
i) The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- each with two sureties each for like sum before the jurisdictional Court:
ii) They shall not tamper with the prosecution evidence directly or indirectly;
iii) They shall not leave the jurisdiction of the Court without prior permission;
iv) They shall not involve in any other criminal activities.
Sd/- JUDGE bnv* CT:SN