IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6562/2019 BETWEEN:
1. MR. MANOJ.P. @ JANGALI S/O PUTTASWAMACHARI AGED ABOUT 21 YEARS R/O: POST OFFICE ROAD ARKESHWARANAGARA, GUTHALU MANDYA CITY-571 401.
2. MR. NAGARAJU S/O LATE RAVI AGED AGOUT 27 YEARS R/O: MARUTHI NAGAR GUTAHALU, MANDYA CITY-571 401.
(BY SRI: PAVAN KUMAR.G., ADV.,) ...PETITIONERS AND:
STATE BY MANDYA EAST POLICE STATION REP BY LD. SPP HIGH COURT BUILDING COMPLEX BANGALORE CITY-560 001. ..RESPONDENT (BY SRI: ROHIT.B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.32/2019 OF MANDYA EAST POLICE STATION, MANDYA FOR THE OFFENCE P/U/S.143,147,148,341,302 R/W SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos. 5 and 6 in the charge sheet filed by the respondent-Police in Crime.No.32/2019 of Mandya East Police Station, for the offences punishable under Sections 143, 147, 148, 341, 302 read with 149 of IPC along with other alleged offences.
3. The entire charge sheet papers reveals that there are eye witnesses to the alleged incident i.e. CW.2 to CW.4. They categorically stated about the involvement of the petitioner in the alleged offence.
4. It is stated that on 05.04.2019 at about 7.50 P.M., when the witnesses and the deceased were sitting near a temple, at that time, the accused persons came there and started quarrelling with the deceased and other accused persons armed with deadly weapons like dragger, assaulted the deceased and he sustained severe bleeding injuries. Later, the deceased was admitted to the hospital at Mandya but he succumbed to the injuries in the hospital. The eye witnesses categorically stated about the participation of these two petitioners in the alleged offence who are holding knife, has assaulted the deceased on various parts of his body. The said statement of the witness is also supported by the postmortem examination report which shows that the deceased has sustained many injuries and succumbed to the injuries later. There is a recovery of blood stained clothes at the instance of these petitioners. Though there is delay in recording the statement of these witnesses after five days from the date of alleged incident, the statements are recorded. The Prima-facie case establishes in favour of the petitioner.
Hence, the petition is devoid of merits and the same is liable to be dismissed. Accordingly, it is dismissed.
Sd/- JUDGE SSD