IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1952 OF 2019 BETWEEN:
MR.MANJUNATHA V @ MANJAA @ DICHHI MANJAA AGED ABOUT 22 YEARS S/O LATE VENKATESH RESIDING AT NO.13, 4TH CROSS NEAR AYYAPPA BAJANA MANDHIRA T.DASARAHALLI, BENGALURU NORTH BENGALURU–560 057 ...PETITIONER (BY SRI. K.VIJAYA KUMAR, ADVOCATE) AND:
STATE BY BAGALAGUNTE POLICE STATION REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU–560 001 …RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.3/2019 OF BAGALAGUNTE POLICE STATION, BENGALURU CITY FOR THE OFFENCES P/U/Ss.143, 144, 146, 147, 148, 149, 448, 120(B), 504 & 307 OF IPC. THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE (CCH-59) BENGALURU CITY HAS REJECTED THE BAIL PETITION ON 19.02.2019 IN CRL.MISC.NO.865/2019.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petition has been filed by the petitioner/accused No.7 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.3/2019 of Bagalagunte Police Station for the offences punishable under Sections 143, 144, 146, 147, 148, 149, 448, 120B, 504 and 307 of IPC.
2. I have heard learned counsel for the petitioner, learned High Court Government Pleader for respondent-State and perused the records.
3. The petitioner is arraigned as accused No.7 in C.C.No.6194/2019 on the file of 45th Additional CMM Court, Nrupatunga Road, Bengaluru City, for the above stated offences.
4. The brief factual matrix of the case are that a person by name P.Gangadhara s/o Late Prakash has lodged a complaint stating that the accused No.2- Pratap and Complainant have got previous ill will and hatredness between each other and there was a previous quarrel about 15 days prior to the incident near SLN Bar. In this context, it is alleged that on 02.01.2019, accused No.1 along with his other friends including the petitioner has gone to the house of one Chandru at Manjunathanagar, suddenly trespassed into the house and started quarrelling with the complainant. In that context, it is alleged that accused No.1 has assaulted with a chopper on the head, legs and hands of the complainant and also assaulted one Mr. Santhosh, in fact at the left hand of the said person and other accused persons have also assaulted the complainant and his friends with clubs and other weapons.
5. On careful perusal of the further statement of the complainant and the eye witnesses, they only stated that this petitioner, who is arraigned as accused No.7 was also present and he was holding a helmet on his hand and assaulted on the leg of one Mr.Chandru, who has not sustained any injuries actually. Therefore, under the above said circumstances, during the course of the trial, the Court has to ascertain whether there was any common object on the part of all the accused persons in assaulting the injured or not. The main allegations are there against accused Nos.1 and 2 and others. There is no specific allegations against this petitioner that he has intended to cause any injury, which is sufficient to cause the death of that person.
6. Under the above said circumstances, as the petitioner has already arrested on 10.1.2019 and since then he was in judicial custody, considering the nature of allegations and the circumstances, I feel it just and necessary to enlarge the petitioner on bail on certain conditions. Hence, the following order:
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.3/2019 of Bagalagunte Police Station registered against him for the offences punishable under Sections 143, 144, 146, 147, 148, 149, 448, 120B, 504 and 307 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE cp*