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.9104/2018 BETWEEN:
1. Harish @ Mitai, S/o. Raju, Aged about 23 years, R/at No.143, II Cross, Old Channasandra Road, Doddabanaswadi, Bengaluru-560 043.
2. Mahesh, S/o. Raju, Aged about 19 years, R/at No.143, II Cross, Old Channasandra Road, Doddabanaswadi, Bengaluru-560 043. ...Petitioners (By Sri.K.Ram Singh & Associates, Advocate) AND:
State of Karnataka by Banaswadi Police Station, Bengaluru-560 043.
Rep. by Government Pleader, High Court of Karnataka, 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 petitioners on bail in Cr.No.402/2018 (C.C.No.59204/2018) of Banaswadi P.S., Bengaluru for the offence p/u/ss 143, 147, 148, 341, 324, 307 r/w 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking their release on bail in Crime No.402/2018 (C.C. No.59204/2018) of Banaswadi Police Station for the offences punishable under Sections 143, 147, 148, 341, 324, 307 read with Section 149 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Brief facts of the case is that accused Nos.1 to 5 by constituting an unlawful assembly with a common object on 07.08.2018 at about 10.30 p.m., when CWs.1 and 2 were returning in front of the Bar after eating Kabab, accused No.1 took up quarrel stating that CW.1 had attended the Court to give evidence against him in a previous case hence, he will not spare him and assaulted CWs.1 and 2 with a long on their head and caused grievous injuries to the head of CW.1. Thereafter, accused No.2 assaulted CW.1 with a long on his head and caused simple injuries and when CW.2 fell down, accused No.1 with an intention to commit his murder, assaulted CW.2 with long and caused the grievous injuries. It is further alleged that when accused No.1 assaulted with long, the right hand of CW.2 got fully amputed, accused Nos.2 to 5 were also assaulted further and caused grievous injuries. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for petitioners that already the charge sheet has been filed and the accused petitioners are no more required for custodial interrogation or investigation. It is further submitted that the injured already discharged from the Hospital and now they are out of danger. Further it is submitted that though the injuries are grievous in nature, however the injured have survived and the offence was not likely to escalate to highest count. Already accused petitioners are in custody for more than six months, under similar facts and circumstance, the Hon’ble Apex Court has granted bail as such, accused petitioners are also entitled to be released on bail. In order to substantiate the said contention, he relied upon the judgment of Hon’ble Apex Court in the case of BHAUSAHED NAGU DHAVARE v. STATE OF MAHARASHTRA AND ANOTHER reported in 2001 (3) Crimes 410 (SC). It is further submitted that the accused petitioners are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused petitioners have caused grievous injuries including chop wound. The said injuries are grievous in nature. Further it is submitted that the Medical Officer has opined that the said injuries are serious in nature and CW.2 has suffered amputation of the right hand. It is further submitted that if the petitioners/accused Nos. 1 and 2 are enlarged on bail, they may tamper with the prosecution evidence and may threaten the complainant and other witnesses. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by both the learned counsel and perused the records.
7. Admittedly, the charge sheet has been filed.
As could be seen from the wound certificate issued by the Specialist Hospital, HRBR Layout, Kalyan Nagar, Bengaluru, CW.1 has sustained some injuries, has got admitted to the Hospital on 08.08.2018 and has got discharged on 11.08.2018 and CW.2 has been got admitted on 08.08.2018 and discharged on 19.08.2018. As could be seen from the said injury certificate, CW.2 has sustained grievous injuries including amputation of the right arm. However, the injured has been survived and the said offence is not likely to escalate to highest count and it attracts Section 307 of IPC. Already the Investigation is completed and the accused petitioners are not required for the purpose of further investigation or interrogation. It is the submission of the learned High Court Government Pleader that if the petitioners/accused Nos.1 and 2 are ordered to be released on bail, they may tamper with the prosecution evidence, may threaten the witnesses and there will not be any smooth trial, the said aspect can be taken into consideration, by imposing some stringent conditions. If the accused petitioners are ordered to be released on bail with conditions, it is going to meet the ends of justice. Taking into consideration of the above said aspects, the petition is allowed.
8. Petitioners/accused Nos.1 and 2 are enlarged on bail in Crime No.402/2018 (C.C. No.59204/2018) of Banaswadi Police Station for the offences punishable under Sections 143, 147, 148, 341, 324, 307 read with Section 149 of IPC subject to the following conditions:
1. Petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) each with two sureties each for the likesum to the satisfaction of the trial Court.
2. They shall not enter the village till the trial is concluded. If they violate any of the conditions, the police at liberty to file an application for cancellation of bail.
3. They shall mark their attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., nearest police station where they desire to reside, till the trial is concluded.
4. They shall not tamper with the prosecution evidence directly or indirectly.
5. They shall regular in attending the Court.
Sd/- JUDGE VBS