IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8897/2018 BETWEEN:
1. Kiran @ Kiran Kumar.J S/o Late John Williams, Aged about 30 years, No.140, Hennur Bande Road, Vaddarapalya Road Bus Stop, Kaverinagara, Bengaluru City-560 036.
2. Ananda @ Gudda Aged about 24 years, S/o Hanumiah, Opposite to Anganwadi, Shivakote Post, Hesarugatta Hobli, Gune Agrahara, Bengaluru City.
3. Tony S/o Late John Kumar, Aged about 32 years, Govindappa Building, 6th Cross, Devinagara, Raniooramma, Temple Road, Behind Big Bazaar, Lottegollahalli, Hebbala, Bengaluru-560 024.
4. Aneesh.R S/o P.S.Raju, Aged about 26 years, No.622, MES Road, Jalahalli Post, Bengaluru-560 016.
5. Syed Madani S/o Syed Modin, Aged about 24 years, LPG Auto Gas Bunk, Vinayakanagar, Yelhanka Main Road, MS Palya, Vidyaranyapura Post, Bengaluru-560 097. ...Petitioners (By Sri. Ranganath Reddy.R, Advocate) AND:
State by The Station House Officer, High Grounds Police Station, Bengaluru City, Rept. by the State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.66/2018 (S.C.No.1560/2018) of High Grounds Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 147, 148, 307, 302, 427, 450 read with 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners-accused Nos.4, 5, 6, 7 and 8 under Section 439 of Cr.P.C. seeking their release on bail in Crime No.66/2018 of High Grounds Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 147, 148, 307, 302, 427, 450 read with 149 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 18.05.2018 at about 7:05 p.m., friend of the complainant’s son-Goutham went to the house of the complainant and told that there was a quarrel between Rakesh and Prakash near his office and he further stated that accused No.1 along with other seven unknown persons have beaten the deceased-Rakesh and he has suffered severe injuries and he has been shifted to the Bowring Hospital and asked him to go to the Hospital immediately. The complainant reached the Bowring Hospital and found his son had died and his friend-Lakshman disclosed regarding the assault committed by the accused petitioners. On the basis of the complaint, a case was registered and charge sheet has been filed after investigation.
4. It is the submission of learned counsel for the petitioners that the petitioners are innocent and they have not committed any offence and only because that they were well acquainted with accused No.1, they have been falsely implicated in the case. He further submitted that in the FIR, the name of the present petitioners is not mentioned. He further submitted that the motive as alleged against the petitioners is that the deceased after his wife’s death, expressed his willingness towards wife of accused No.1 and in order to eliminate the deceased, accused No.1 along with other accused persons have hatched a plan and eliminated the deceased. He further submitted that CW.6, 7 and 9 are the eye witnesses, but in their statement they have not stated anything, except the name of accused No.1. With regard to the description of other accused persons, their statement is not credible and trust worthy and their presence is also doubtful. He further submitted that there is no specific overt act alleged as against the present petitioners by any of the above eye witnesses. However, he submitted that the Test Identification Parade has been conducted belatedly three months after the arrest of the accused persons. Even the requisition has been made belatedly. He further submitted that the petitioners are languishing in jail and already charge sheet has been filed and there is no necessity for custodial interrogation of the present petitioners. Learned counsel further submitted that the petitioners are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that CWs.6, 7 and 9 are the eye witnesses to the alleged incident. All the eye witnesses have categorically stated that the accused persons were holding lethal weapons and have mercilessly assaulted the deceased and caused as many as 43 injuries all over his body. Though no specific overt acts have been stated about each of the accused persons, but the said accused persons have brutally murdered the deceased by assaulting him. He further submitted that accused Nos.4 and 5 are rowdy sheeters, there are cases registered against them. He further submitted that there is a recovery of the blood stained clothes and knife and a long, which was used for the commission of the alleged crime. He further submitted that there is CCTV footage, which clearly goes to show that the present petitioners are involved in the alleged offence, the Post Mortem Report also substantiate the said act. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel for both the parties and perused the records.
7. CW.6-Lakshman, CW.7-Naveen Kumar and CW.9-Bharth Raj are the eye witnesses to the alleged incident. As could be seen from the statement of the eye witnesses, though they have not specifically uttered with regard to the name of the remaining accused persons, but they have stated the name of accused No.1 and the presence of other accused at the place of the alleged incident and even they have categorically stated that the accused persons were holding lethal weapons and brutally assaulted the deceased. Though the Test Identification Parade has not been conducted immediately after the apprehension of the present petitioners, it is not only the said fact, which is going to determine the case of the prosecution.
Under the said facts and circumstances of the case, I feel that it is not a fit case to release the petitioners-accused Nos.4, 5, 6, 7 and 8 on bail.
Accordingly, criminal petition stands dismissed.
Sd/- JUDGE RB