IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13th DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8835/2017 BETWEEN:
Jummar Shahi, S/o Konduri Shahi, Aged about 34 years, R/at Labour Shed, Kuvempu Nagar, Opposite Brundavan Apartment, Doddakallasandra, Bengaluru – 560 062. ... Petitioner (By Sri Jagadeesha H, Advocate) AND State of Karnataka by Subramanyapura Police Station, Bengaluru . ...Respondent (By Sri.Chethan Desai, HCGP) This criminal petition is filed under section 439 Cr.P.C praying to enlarge the petitioner on bail in Cr.No.147/2017 (S.C.No.1095/2017) of Subramanyapura P.S., Bengaluru for the offence P/U/S 302, 307 R/w 34 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.3 under Section 439 of Cr.P.C., seeking his release on bail of the offence punishable under Section 302 and 307 r/w Section 34 of IPC, registered in respondent – police station Crime No.147/2017.
2. Heard the arguments of learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent- State.
3. I have perused the grounds urged in the bail petition, FIR, complaint, the order passed by the learned Sessions Judge rejecting the bail application of the petitioner, and the other materials placed on record.
4. I have also perused the statement of CW2 and CW3. Looking to the statement of CW3 who is another eye witness to the case of the prosecution has stated that the present petitioner/accused No.3 assaulted Bisojith Dattu on his shoulder portion and also assaulted on CW2.
5. The contention of the learned counsel for the petitioner/accused No.3 is that there is no materials so for as alleged offence under Section 302 of IPC is concerned. At the most he may be liable for the alleged offence punishable under Section 307 of IPC as per the statement of the eye witnesses. The learned counsel also submits that as per the PM report, the death is caused due to the head injury sustained by Bisojith Dattu. As there is no allegation against the present petitioner who assaulted on the deceased head.
6. Looking to the chargesheet materials, the present petitioner/accused No.3 assaulted on the shoulder of Bisojith Dattu with club, so also he assaulted CW2 on his head. Therefore, materials prima-facie goes to show not only the offence punishable under Section 307 of IPC, but also there is commission of alleged offence punishable under Section 302 of IPC. Hence, I am of the opinion that it is not a fit case to grant bail. Accordingly, petition is hereby rejected.
Sd/- JUDGE MR