IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No. 2044 OF 2019 BETWEEN:
Jeevan N @ Jeeva S/o Nagaraju D.S., Aged about 23 years, R/at No.262, 4th Cross, Vishveshwaraiah Layout, Malasandra, T. Dasarahalli, Bengaluru – 560 079. …Petitioner (By Sri. M. Shashidhara, Advocate) AND State of Karnataka By Bagalagunte P.S., Rep. by SPP., High Court of Karnataka, Bengaluru - 560 001.
(By Sri. K.P. Yoganna. HCGP) …Respondent This criminal petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.31/2019 of Bagalagunte Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 147, 148, 324, 307, 504, 506 read with Section 149 of IPC.
This Criminal petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner-accused No.5 to enlarge him on bail in Cr.No.31/2019 registered by Bagalagunte Police Station for the offences punishable under Section 143, 144, 147, 148, 324, 307, 504, 506 read with Section 149 of IPC.
2. The allegation against the petitioner is that on 20.01.2019 at about 10.30 am, when the complainant and his friends were standing near Bakery situated at the side of Ramesh Road drainage, this petitioner and other accused persons came on 3 bikes and said to be assaulted the complainant, stating that he should not come in the way of CW-13. Accused Nos.1 to 3 assaulted the complainant and Manjunath with a chopper and abused them in a filthy language and gave life threat. Hence, complaint was lodged against the petitioner and other accused persons.
3. Learned counsel for the petitioner submits that petitioner is innocent and law abiding citizen. He has not committed offences as alleged. He has been falsely implicated in this case only on the basis of the voluntary statement of co-accused. Even in the complaint as well as the statement of Manjunath nothing has been stated against this petitioner. The Petitioner is ready to abide by any conditions that may be imposed on him by this Court and ready to offer sureties. Hence, prayed to allow the petition.
4. Per contra, learned HCGP objected for bail application. He submits that some of the co-accused who are rowdy sheeters in the different police station limits are habitual offences. The alleged offences are heinous one, in fact, the petitioner and the other co- accused assaulted the injured brutally with a chopper on his leg and made him as disabled person. Hence, prayed to dismiss the petition.
5. Upon hearing the arguments of both the side and on perusal of the FIR and charge sheet, show that the name of the petitioner has not mentioned in the FIR, however, after investigation petitioner’s name was implicated on the basis of voluntary statement of co- accused. In the complaint, it is stated that accused Nos.1 to 3 have assaulted the injured with chopper, sword and hockey stick but same have already been recovered. Even though, CW-1 identified this petitioner, there is no specific overt-act attributed against this petitioner. Though, the offences are non-bailable in nature but they are not exclusively punishable either with death or life imprisonment. There is no bad antecedent against this petitioner. Hence, petition deserves to be allowed.
6. Accordingly, the criminal petition is allowed.
The petitioner-accused No.5 is ordered to be released on bail, Cr.No.31/2019 for the offences punishable under Section 143, 144, 147, 148, 324, 307, 504, 506 read with Section 149 of IPC, subject to the following conditions:-
(i) Petitioner-accused No.5 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the trial Court or Committal Court;
(ii) Petitioner shall not indulge in similar offences strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court, and (v) Petitioner shall mark his attendance before the Investigating Officer between 10.00 a.m. and 5.00 p.m. on every Monday for a period of six months or till commencement of trial whichever is earlier.
SD/- JUDGE JS/-