IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6999 OF 2018 BETWEEN:
1. JAGADISH @ JAGGA S/O LAKSHMIPATHI AGED ABOUT 26 YEARS R/AT BOMMASHETTIHALLI VILLAGE HOSSURU HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT – 562 105.
2. PRAVEEN @ NAVEEN KUMAR @ SONU S/O KOLLAPPA AGED ABOUT 29 YEARS R/AT CHEEGATAGERE VILLAGE HOSSURU HOBLI GOWRIBIDANUR TALUK CHIKKABALLAPURA DISTRICT – 562 105.
...PETITIONERS (BY SRI.K.A.CHANDRASHEKARA FOR SRI.MANJUNATHA A.C., ADVOCATES) AND STATE OF KARNATAKA BY GOWRIBIDANUR RURAL POLICE STATION GOWRIBIDANUR REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA BENGALURU – 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 PETITIONERS ON BAIL IN CR.NO.118/2018 OF GOWRIBIDANUR POLICE STATION, CHICKBALLAPURA FOR THE OFFENCES P/U/S 143, 147, 148, 324, 506, 307, 302 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 petitioners are accused Nos.3 and 4 in Crime No.118/2018 of Gowribidanur Rural Police Station which is now pending in C.C.No.598/2018 on the file of Additional Civil Judge (Jr.Dn.) and JMFC Court, Gowribidanur.
2. Petitioners and others were charge sheeted in the said case for the offence punishable under Section 323, 143, 147, 148, 324, 506, 307, 302 read with Section 149 OF IPC.
3. The case of the prosecution in brief is as follows:
On the basis of the complaint filed by accused No.1, CW-2 and his people were tried in Crime No.135/2014 of Gowribidanur Police Station and they were acquitted. In that background, accused No.1 and his aids were nursing ill-will against CW-2 and his party. On 26.04.2018 at 9.00 p.m. in front of Lakshmanarao’s Bar near Kotaladinne Village, the accused party armed with choppers and knives and picked up quarrel with deceased Rama Reddy and CWs-
2 to 4 when they were consuming alcohol. Accused Nos.1 and 2 assaulted Rama Reddy with chopper and knife and caused his death. When CW-2 went to his rescue, petitioner No.2 assaulted on his neck with a chopper and petitioner No.1 dropped sized stone on him and caused grievous injuries to him. When CWs-3 and 4 went to rescue of CW-2, they assaulted them also.
4. Charge sheet records show that Ramareddy died homicidal death. The Wound Certificate of CW-2 shows that he has suffered more than 14 injuries and all of them are certified as grievous injuries. CWs-2 to 4 are the victims/eye witnesses.
5. Though it is contended that the victim party were aggressors and in that regard, Crime No.135/2014 was registered by the respondent police, as per the said complaint itself, only the accused No.1 has suffered injury in the scuffle. That injury was on his hand. Nothing is placed on record to show that he has suffered any grievous injury. Whereas the victim parties of the present case were four in number. One has died and other has suffered more than 14 injuries.
6. Learned HCGP submit that accused No.4 is involved in 11 other criminal cases. Having regard to the gravity of the offence and material on record, it is not a fit case to grant bail. Therefore, the petition is dismissed.
Sd/- JUDGE Prs*