IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.99/2019 BETWEEN:
1. Mahesha @ Kai S/o Venkataramanaiah, Aged about 22 years, R/at No.117, 1st Main Road, 2nd Cross, Raghuram Layout, Ramachandrapura, Bengaluru-560 013.
2. Venugopal @ Venu S/o Prabhu.M, Aged about 25 years, R/at No.2, Ganesha Nilaya, Hallimara Circle, Siddhahalli Main Road, Bengaluru-560 073. ...Petitioners (By Sri Jeethu R.S, Advocate) AND:
State of Karnataka By Gangammana Gudi Police Station, Bengaluru City.
Rept. by HCGP at High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.68/2018 (S.C.No.1510/2018) of Gangammana Gudi Police Station, Bengaluru City for the offence punishable under Sections 120B, 201, 302 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.2 and 4 under Section 439 of Cr.P.C. to release him on bail in Crime No.68/2018 (S.C.No.1510/2018) of Gangammana Gudi Police Station, Bengaluru City for the offences punishable under Sections 120B, 201, 302 read with 149 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 03.05.2018 at about 11:00.p.m., accused No.1 came in his auto rickshaw bearing Registration No.KA-04-AB- 2068 and directed accused Nos.2 to 5 to come to the said place and all the accused persons came to the place with a common intension to kill the deceased David. Accused No.1 stimulated accused Nos.2 and 3 to kill the deceased-David. Immediately they hit the deceased by long and chopper, separated the head of the deceased from the body. Thereafter, accused No.4 took the head of the deceased-David on his motorcycle and accused No.1 followed accused Nos.4 and 5 by his auto and they brought the head to Kalpavruksha Extension, Dodda Bommasandra, then there they threw the head of the deceased with an intension to destroy the evidence.
4. It is the submission of the learned counsel for the petitioners-accused Nos.2 and 4 that already investigation has been completed and charge sheet has been filed. No incriminating material is forthcoming from the charge sheet against the petitioners-accused Nos.2 and 4. He further submitted that the recovery panchanama which have been drawn on three different days at different places leads to doubt, to the alleged recovery at the instance of petitioners-accused Nos.2 and 4. The witnesses have been taken to the said panchanama are one and the same, it clearly goes to show that falsification of investigation and the petitioners-accused Nos.2 and 4 and they are falsely implicated in the said case. He further submitted that on the date of alleged incident, there was a heavy rain and even CWs.7 and 8 have deposed that no test identification parade was conducted. He further submitted that already accused No.5 has been released on bail and even on the ground of parity, the petitioners-accused Nos.2 and 4 are also entitled to be released on bail. He further submitted since that more than one year, petitioners-accused Nos.2 and 4 are languishing in jail. They are not required for the purpose of investigation or interrogation. petitioners- accused Nos.2 and 4 are ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety, if the petitioners- accused Nos.2 and 4 are released on bail. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the entire materials clearly goes to show that the accused Nos.1 to 5 have conspired with each other with an intention to eliminate the deceased-David. They came to the spot and accused No.2 assaulted with long and separated the head of the deceased and accused No.4 took the said separated head on his motorbike and destroyed the same by throwing somewhere. He further submitted that the petitioners-accused Nos.2 and 4 are involved in a serious offence which is punishable with death or imprisonment for life. Even there are as many as 11 injuries found over the body of the deceased. If the petitioners-accused Nos.2 and 4 are released on bail, they may abscond and they may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the charge sheet material, CWs.13 and 14, who are the eyewitnesses to the alleged incident in their statement also they have stated about specific overt-acts as against him for having participated in the alleged crime. But in so far as the accused No.2 is concerned, the contents of the complaint which has been specifically stated that he assaulted the deceased with long and separated the head and there after, the accused No.4 took the head of the deceased on his motorbike and threw in order to destroy the evidence. All these materials points out that petitioners-accused Nos.2 and 4 have actively participated in the alleged crime which is considered to be very heinous offence that they separated the head from body and thereafter they have taken and threw the head to destroy the evidence.
8. Under the facts and circumstance, I feel that it is not a case to release the petitioners-accused Nos.2 and 4 on bail as they are involved in a heinous offence which is punishable with death or imprisonment for life.
In that light, petition stands dismissed. The trial court is directed to expedite the trial.
Sd/- JUDGE HA/-