IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.3914/2019 Between:
Hemanth Kumar B S/o. Bhaktha Vathsala N Aged about 20 years R/at No.36, 10th Cross, 4th Main Magadi Road Agrahara Dasarahalli Basaveshwaranagar Bangalore North Bangalore – 560 079. ...Petitioner (By Smt. N. Padmavathi, Advocate) And:
State by Vijayanagara Police Station Bangalore – 560 079 Represented by Public Prosecutor High Court of Karnataka Bangalore – 560 001. ... Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.591/2018 (C.C. No.2292/2019) of Vijayanagar P.S., Bengaluru for the offence p/u/s 302 R/w 34 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 accused No.2 under Section 439 of Cr.P.C. to enlarge him on bail in Crime No.591/2018 by Vijayanagar Police Station for the offence punishable under Section 302 R/w Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 04.11.2018 at about 7.00 p.m., police have informed the complainant about the admission of her son in the hospital, as a result of injuries sustained in the assault committed on him. When she visited the hospital, she found the dead body of her son with various stab injuries and wounds. On enquiry, she came to know that on the same day at about 5.30 p.m., at BGS Play Grounds an altercation took place between her son and one Vinaykumar with regard to non payment of cigarette purchase amount by said Vinaykumar. During altercation, Vinaykumar along with his associates assaulted and stabbed the deceased causing grievous injuries. The by-standers have shifted the injured to the hospital and have caught hold Vinaykumar, who assaulted the deceased and handed over to the police and a case has been registered.
4. It is submitted by the learned counsel for the petitioner that already investigation has been completed and the charge sheet has been filed. It is her further submission that accused Nos.1 and 3 have been released on bail. On the ground of parity, the petitioner- accused No.2 is also entitled to be released on bail. It is her further submission that earlier the name of the petitioner is not found either in the complaint or in the Inquest Mahazar. Subsequently, further statement of CWs.2 and 3 have been recorded only on 14.11.2018 and at that time, the same allegations have been made. It is her further submission that the statement of CWs.2 and 3 was recorded on 05.11.2018 and there is no specific overt act as alleged against accused No.2. Subsequently, further statement of CWs.2 and 3 were recorded on 14.11.2018, wherein it has been stated that accused No.2 in the first instance stabbed the deceased by taking the same the knife, accused No.1 has also assaulted on the chest and other parts of the body. It is her further submission that the said further statement has been recorded only to implicate accused No.2. It is her further submission that petitioner is innocent and he has not participated in the incident but he was present at the spot and as such he has been arrayed as an accused. She further submits that he is ready to abide by the conditions imposed by this Court and ready to offer surety. On these grounds, she prays to allow the application and enlarge the petitioner on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner/accused No.2 is involved in serious offence which is punishable with death and imprisonment for life. The petitioner has also assaulted the deceased for the first instance with knife and thereafter, it is accused No.1 who took the same knife and assaulted the deceased. It is his further submission that there is strong motive of non-payment of amount of Cigar. It is submitted that there are eye witnesses to the alleged incident and if the petitioner-accused No.2 is enlarged on bail, he may tamper with the prosecution evidence and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and perused the records.
7. A close reading of the contents of the complaint and other material discloses that already accused No.3 has been released on bail and there is no specific overt act as alleged against him. It is submitted that there is statement of CWs.2 and 3 dated 05.11.2018 therein it has not been specifically stated that it is accused No.2 who in the first instance has stabbed the deceased and thereafter, it is accused No.1 who took the said knife had assaulted on the chest and other parts of the body. Their statement was recorded on 05.11.2018 wherein, they have only stated that accused No.1 took the knife from accused No.2 and assaulted the deceased and subsequently, that statement has been made belatedly and included accused No.2 as stated above. It is submitted that already the charge sheet has been filed and on similar facts and circumstances, accused No.3 has been released on bail. Hence, I feel that by imposing some stringent conditions, if petitioner-accused No.2 is released on bail, it is going to meet the ends of justice. In that light, petition is allowed.
8. Petitioner/accused No.2 is enlarged on bail in Crime No.591/2018 of Vijayanagar Police Station for the offence punishable under Section 302 read with 34 of IPC subject to the following conditions:
1. Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month on every 1st till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of activities.
nms Sd/- JUDGE