IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6075/2018 BETWEEN:
Jangli @ Praveena, S/o late Puttaraju, Aged about 26 years, Writer at Bhaghavan Bhagavathi Rice Mill, Gowatham Printers, Cross Road, Mandipete, Tumakuru – 572 101. ...Petitioner (By Sri.Chethan B., Advocate) AND:
State of Karnataka, By Town Police Station, Tumkuru – 572 101.
Represented by State Public Prosecutor, High Court of Karnataka, 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 Cr.No.29/2018 of Tumkur Town Police Station, Tumakur District for the offence P/U/S 302 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.29/2018 of Tumkur Town Police Station for the offence punishable under Section 302 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioner and learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the wife of the deceased filed a complaint alleging that on 05.02.2018 at about 12.20 a.m., west side of private bus stand, the petitioner has picked up quarrel with one Nadeem Pasha in connection with parking of Auto Rickshaw. At that time, two other persons tried to pacify the things.
The petitioner/accused No.1 took knife and stabbed to waist, left shoulder, near neck, left abdomen and back side of body of Nadeem Pasha immediately, he went to the house and there, he was taken to the hospital and on the way, he died. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent and has not committed any offences alleged as against him. Initially, a complaint was registered against accused No.1 and two others. At the time of filing the charge sheet, remaining two accused persons have been dropped out. It is further submitted that injured went to the house, informed his wife and thereafter, he died. In between what happened, is not forthcoming. There are possibility of some other persons might have caused the injuries which cannot be over-ruled. Further it is submitted that the eye-witnesses were present during the place of alleged incident. The wife lodged the complaint. There are so many contradictions and omissions in the statements of the said witnesses. Further it is submitted that the only allegation is that after apprehension of the petitioner/accused No.1, the statements of the witnesses have been recorded, that itself clearly go to show that it is a concocted and created story of the prosecution. He is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the CWs.3 to 5 are the eye-witnesses to the alleged incident and the eye-witnesses have categorically stated in their statement that it is the petitioner/accused No.1, who has stabbed with knife and caused the injures. She further submitted that there were 12 injuries. As per Post-mortem report and even the Doctor has opined that such injuries can be caused by the use of knife. The same knife and stained clothes were also recovered at the instance of the petitioner/accused No.1. She further submitted that the FSL report clearly go to show that the blood stain found on the clothes, on the knife and other articles are having ‘B group’ and they have also tally with each other. It is further submitted that there are ample materials to connect the petitioner/accused No.1 to the alleged crime. The alleged offences are punishable with death or imprisonment for life. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials, it is alleged that a quarrel has taken place between the deceased and the accused in respect of parking of the Auto Rickshaw. In that scuffle, the accused took out a knife, stabbed the deceased and caused grievous injuries. As a result of the same, he succumbed to the injuries. The Post- Mortem report and the FSL report corroborates that there are 12 injuries found over the body of the deceased. That itself, clearly go to show that the petitioner/accused No.1 with an intention to cause the death of the deceased has stabbed him. The alleged offences are punishable with death or imprisonment for life. There are eye-witnesses to the alleged incident and have also categorically stated that the participation of the petitioner/accused No.1 in assaulting the deceased with knife. Under the said facts and circumstance, I feel that it is not a fit case to release the petitioner/accused No.1 on bail. Hence, petition stands dismissed.
Sd/- JUDGE VBS