IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7308/2019 BETWEEN:
HARISH REDDY S/O LATE B J ESHWARAPPA AGED ABOUT 40 YEARS R/O OPPOSITE UNITY HALL ANKADAKATTE HONGALLUR POST KUNDAPURA TALUK UDUPI DISTRICT - 576101. … PETITIONER (BY SRI.SURENDRA KUMAR N, ADV) AND:
STATE OF KARNATAKA, BY KOTA POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR BANGALORE – 560 001. ... RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.15/2019 OF KOTA POLICE STATION, UDUPI FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 441, 342, 323, 324, 302, 120-B, 504, 506, 212, 201 READ WITH SEC.
149 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for respondent. Perused the records.
2. Petitioner is arraigned as accused No.3 in the charge sheet filed by the respondent-police which later culminated in S.C.No.11/2019 on the file of Addl. District and Sessions Judge, Udupi sitting at Kundapura.
3. The brief facts of the case on hand is that on 27.01.2019 a person by name Lohith Poojari lodged a complaint stating that there was some dispute between the complainant Lohith Poojari and accused No.1– Rajshekar Reddy. Accused No.1 – Rajshekar Reddy dug a pit for the purpose of construction of a lavatory in the property belonging to the complainant. When the complainant questioned the same, accused No.1 has given a very rash answer to him and also told the complainant to do whatever he wants. In this background, it is alleged that on 26.01.2019, when the complainant along with his brother Rakshith Poojari had been to the house of one Arun for dinner and after dinner they were proceeding to their house in the night hours at about 10.15 PM. When they reached near Kota Iyengar Bakery, they observed one Swift Car and one Motor Cycle was following them and they identified the person who was coming in the motorcycle as Sujay and thereafter, they went near the house and they called their friends and in that context deceased Bharath, Yathish and other persons by name Umesh Nagaraj, Manish, Prasad and Shashi came to the house of the complainant on their motorcycle. When all of them came out from the house of the complainant, they observed that Rajshekar Reddy – Accused No.1 and Chandrashekar Reddy – Accused No.2 and 4 others were holding deadly weapons i.e., Talwar and Choppers in their hands. They all assaulted Bharath and deceased Yatesh indiscriminately on all parts of the body, particularly, on the head and neck etc. Subsequently, they were shifted to the hospital and it was found that Bharath and Yatesh died due to the injuries. On the basis of such complaint, police have investigated the matter and submitted the charge sheet. During the course of investigation, police have also got the test identification parade in which this petitioner has been identified as accused No.3 who has specifically assaulted the deceased Yatesh on his neck and head. Section 164 statement of the eyewitness were also recorded. They also specifically stated the role of this petitioner as one of the assailants of deceased Yatesh who died due to injuries.
4. During the course of investigation, blood stained clothes and talwar were also recovered at the instance of this petitioner. Though FSL report is awaited, there are other materials available on record. At this stage, though the prosecution has to establish the prima facie case, in my opinion, when such materials are there, it is not proper to release accused No.3 on bail. Hence, the petition is devoid of merit and the same is liable to be dismissed and accordingly dismissed.
Sd/- JUDGE brn