IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3421/2019 BETWEEN MANJUNATH @ MANJU S/O LATE. SHANKAR AGED 29 YEARS R/AT NO. 122, 5TH CROSS JAYARAM STREET MUNIKALAPPA GARDEN RAMASWAMYPALYA BENGALURU ... PETITIONER (BY SRI. MURUGESH V. CHARATI, ADVOCATE) AND STATE OF KARNATAKA BY VARTHUR POLICE BENGALURU RURAL DISTRICT – 562 106 REP. BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 …. RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO. 134/2018 OF VARTHUR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 341, 302, 120B R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A2) and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-Varthur Police have laid the charge sheet against 13 accused persons including this petitioner, who is arraigned as Accused No.2, in connection with Crime No.134/2018 for the offences punishable under Sections 143, 144, 147, 148, 341, 302 r/w 149 IPC, which is now pending on the file of Addl. Chief Judicial Magistrate ( ACJM), Bengaluru.
3. The allegations made against this petitioner (A2) in brief are that, on 17.05.2018 at about 5.00 p.m. Accused No.1 -Nagaraj and other persons namely, Kishore, Devid Jhan, Arun, Naveen have in fact intercepted the deceased Chellakumar and as well as one Mr. Abhi and Ballary, who were traveling with the deceased near Kodathi Gate and opposite Shell Petrol Bunk and mercilessly assaulted the deceased with deadly weapons like longs, choppers, knives etc. It is alleged that, the Ballary (A13) also joined with the said accused persons in committing the aforesaid offences. Of course the name of this petitioner does not find place in the First Information Report, but subsequently, the statement of the witnesses show that this petitioner was also present at the time of the incident and he has also participated in the incident.
4. The petitioner has filed a petition under Section 438 of Cr.PC. Though some omnibus statements have been made by the witnesses about the involvement of this petitioner in the incident, when serious allegations are made against this petitioner, the aspect that whether the police require the presence of this petitioner for further interrogation or not, has to be tested only if the accused appears before the Investigating Officer. Therefore, in the above circumstances, I do not find any strong reason to enlarge the petitioner on bail, particularly, under Section 438 of Cr.PC. However, the petitioner after surrendering himself before the Investigating Officer or before the concerned Court, can immediately move for Regular Bail and in such an eventuality, the concerned trial Court shall dispose of the bail petition filed by the petitioner, as expeditiously as possible.
With the above said observation, the petition is dismissed.
Sd/-
JUDGE KGR*