IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1745 OF 2019 BETWEEN:
Mohammed Irshan, S/o.Hamza, Aged about 22 years, R/at: 4th Block, Krishnapura, Mangalore Taluk, D.K.District-575 105. ...Petitioner (By Sri.B.Lathif, Advocate) AND:
The State of Karnataka, By Surathkal Police Station, D.K.Mangaluru, Rep.by SPP, High Court Building, Bengaluru-560 001. ...Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.2/2018 of Surathkal Police Station, Mangaluru City for the offence punishable under Sections 341, 302, 120B read with 34 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 petitioner- accused No.4 under Section 439 of Cr.P.C., seeking to enlarge him on bail in Crime No.2/2018 of Surathkal Police Station for the offences punishable under Sections 341, 302, 120B read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner-accused No.4 and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 03.01.2018, the complainant was working as Assistant Manager at MRPL Power Net at about 1.55 p.m., the complainant got an information that Deepak got assaulted brutally by unknown persons near his working place and he went along with his friend to the place near the house of the owner Abdul Majeed, there was huge gathering of public and found blood stains on the spot. After coming to know the said fact, he enquired and there he came to know that on the same day at about 1.15 p.m., the deceased – Deepak came on his motorbike bearing No.KA-19-EH-6518 and reached near the house of Majeed. At that point of time, a white colour Car came and four persons alighted from the said car and assaulted with deadly weapons and ran way towards Katipalla. On such assault, deceased- Deepak died. On the basis of the complaint, a case was registered and after the investigation, chargesheet has been filed.
4. It is the submission of the learned counsel for the petitioner-accused No.4 that the complaint was registered against unknown persons at the first instance. Subsequently, the charge sheet has been filed against 13 persons. It is his further submission that the statement of the accused under Section 164 of Cr.P.C., has been recorded belatedly on 07.03.2018 and therein the names of the accused-persons have also not been stated. It is his further submission that the accused-persons have been apprehended on the same day and their apprehension and photos have been published in the newspaper on 13.01.2018 and test identification parade was held on 08.03.2018. The test identification parade will not be having any effect in law. It is his further submission that since 1½ years the accused-petitioner is languishing in a jail and already accused Nos.5 to 13 have been released on bail. It is his further submission that on the ground of parity, the petitioner-accused No.4 is also entitled to be released on bail. He further submitted that there are no bad antecedents as against the petitioner-accused No.4 and only on the political motive, the petitioner-accused No.4 is apprehended. It is his further submission that the petitioner is ready to abide by any of the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release the petitioner-accused No.4 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.4 along with other accused persons has assaulted the deceased with lethal weapons and there are serious overt-acts as against petitioner-accused No.4 for having assaulted the deceased. It is his further submission that the further statement of the complainant has been recorded on 04.01.2018 and at that time, the name of the accused persons has been disclosed. It is his further submission that the accused-petitioner is also involved in another case in Crime No.1/2018 and in that case also, the charge sheet has been filed under Section 307 of IPC. It is his further submission that if the accused-petitioner is released on bail, he may tamper with the proceedings and he may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the contents of the complaint, the names of any of the accused-persons is not appearing. Even the records indicate that already accused Nos.5 to 13 have been released on bail under similar facts and circumstances of the case and on going through the records which were made available, it can be seen that the accused persons have been arrested on 03.01.2018 and subsequently, statements of CWs 2 and 3 were recorded on 04.01.2018 and Statement under Section 164 Cr.P.C. has been recorded on 07.03.2018. When the statements of these two eye witnesses have been recorded, the name of the accused- persons have not been specifically stated apart from the overt-acts of any of the accused. Even though it is contended by the learned HCGP that the test identification parade has been held on 08.03.2018 but before that on 13.01.2018, photos and news has been published in the newspaper-‘Jayakiran’ dated 13.01.2018.
8. In that light, I feel that the contention of the learned counsel for the petitioner appears to be having some force and already the charge sheet has been filed and the accused-petitioner is not required for the purpose of further investigation or interrogation. However, the learned HCGP brought to the notice of this Court that the accused-petitioner is also involved in another crime in Crime No.1/2018 but that can be safeguarded by imposing some stringent conditions.
9. In that light, petition is allowed and the petitioner-accused No.4 is ordered to be released on bail in Cr.No.2/2018 for the offence punishable under Sections 341, 302, 120B read with Section 34 of IPC with following conditions:-
i) Petitioner–accused No.4 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall regularly attend the trial even without missing a single day.
iii) He shall not threaten or tamper prosecution evidence directly or indirectly.
iv) He shall not indulge in similar type of criminal activities. If he again indulges in such type of criminal activities, respondent-Police is at liberty to seek cancellation of bail.
v) He shall mark his attendance once in a month on every first till the trial is concluded.
Sd/- JUDGE ag