IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8578 OF 2018 BETWEEN:
J.V.GEORGE S/O JOHN AGED ABOUT 30 YEARS R/AT YALACHAGUPPE VILLAGE TAVEREKERE, MAGADI ROAD BANGALORE – 562 130 ...PETITIONER (BY SRI D.S.VENKATARAMANAPPA, ADV.) AND THE STATE OF KARNATAKA BY ITS INSPECTOR CHAMARAJPET POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING AT BANGALORE – 560 001 ...RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.203/2018 OF CHAMARAJPET POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 307, 332, 353 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Chamarajpet Police have registered Crime No.203/2018 against the petitioner for the offences punishable under Sections 332, 353 and 307 of IPC, on the basis of complaint/report of Sri.Prakash R., the Police Inspector, CCB, Bengaluru City.
2. Case of the prosecution in brief is as follows:
Petitioner was the accused in Crime No.202/2018 of Chamarajpet Police Station and therefore, complainant and his team were trying to trace him. On 3.10.2018 at 8.00 p.m., when they spotted and tried to apprehend him near Vittalnagar, Mullakattamma temple, the petitioner assaulted complainant with chopper and attempted to commit his murder. Therefore, the Police were forced to fire at him in self- defence and petitioner suffered gunshot injury in his right thigh.
3. It is contended by the petitioner’s Counsel that after shooting the petitioner, Crime No.202/2018 was registered to save the skin of the Police and in the said case, petitioner is granted bail.
4. Per contra, learned HCGP submits that when the petitioner was produced before the Magistrate, he has not made any allegation of assault against the Police and that the petitioner is a habitual offender and was involved in six other cases.
5. Copy of the order sheet in Crime No.203/2018 is made available for the perusal of this Court. That goes to show that when petitioner was produced before the Police, he did not make any allegations of false encounter. The medical records show that petitioner was taken to the hospital on 4.10.2018 with history of ‘gunshot injury’.
6. Under these circumstances, at this stage, this Court is not convinced to accept the theory of Police highhandedly firing at him.
Having regard to the material on record and the nature of the offence, it is not a fit case to grant bail. Therefore, the petition is dismissed.
Sd/- JUDGE KNM/-