IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.5629 OF 2019 BETWEEN:
Mohammed Mansoor Sharief @ Mansoor, S/o.Munawar Sharieff, Age:22 years, R/at No.26/1, 3rd Cross, Railway Parallel Road, Yeshwanthpur, Bengaluru-560 022. ... Petitioner (By Sri.Chandrashekar.R.P, Advocate) AND:
State of Karnataka by The Station House Officer, Kodigehalli Police Station, Bengaluru.
Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru-01. ... 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.182/2018 (S.C.No.296/2019) of Kodigehalli P.S., Bengaluru City for the offence punishable under Sections 397, 302 r/w 34 of IPC.
This Criminal Petition is coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.2 under Section 439 of Cr.P.C., praying to enlarge him on bail in Crime No.182/2018 (S.C.No.296/2019) of Kodigehalli Police Station, Bengaluru City for the offences punishable under Sections 397, 302 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner/accused No.2 and learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 19.08.2018 at about 10.00 p.m., the complainant and the deceased-Chandrashekar went for dinner near Hebbal Flyover and were coming on their two wheeler and while so coming on the service road near Bhadrappa Layout bridge, they saw one person who was standing and said person gave signal to stop the vehicle, the complainant thought that the said person is seeking for some help and when they stopped the vehicle, another person joined him on a motor cycle and the person, who waived his hand showed knife and asked to give him mobile and money. The deceased told that he has nothing with him and at that time, accused No.2 instigated accused No.1 to stab the deceased so that he will give his money and mobile. Accused No.1 took the knife and pierced his left thigh and because of the said injury, he had a severe bleeding, the complainant got scared and handed over his mobile and Rs.3,000/- cash to the accused persons. When the complainant and deceased shouted, the accused persons fled away from the spot on their two wheeler. Immediately, the complainant called 108 ambulance and the deceased was shifted to Aster CMI Hospital for treatment and after first aid treatment, he was taken to M.S.Ramaiah Hospital where the injured succumbed to the injuries. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner/accused No.2 that accused No.1 has already been released by the Co-ordinate Bench of this Court by the order dated 30.07.2019 in Criminal Petition No.2228/2019 and the charge sheet material clearly goes to show that there are serious overt acts as against accused No.1. The only allegation which has been made as against the petitioner/accused No.2 is that he instigated accused No.1. On the ground of parity and under changed circumstances, the present petitioner has moved this second bail application. He is ready to abide by any of the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and release the petitioner/accused No.2 on bail.
5. Per contra, learned High Court Government Pleader had submitted that the complainant himself is the eyewitness to the alleged incident and the said statement clearly goes to show that the petitioner/accused No.2, who instigated accused No.1 to stab the deceased.
6. It is his further submission that the earlier application was dismissed on the ground that no changed circumstances have been made out. On this ground, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
8. On a close reading of the records, it is clearly goes to show that subsequently after dismissal of the petition filed by petitioner/accused No.2, accused No.1 has approached this Court and this Court by order dated 30.07.2018 in Criminal Petition No.2228/2019 has released him on bail. On the ground of parity, petitioner/accused No.2 is also entitled to be released on bail, even otherwise, there are no serious overt acts as against petitioner/accused No.2 except the fact that he instigated the accused No.1 to commit the alleged offences. Under said facts and circumstances, there is no impediment to enlarge the petitioner/accused No.2 on bail by imposing some stringent conditions.
9. Accordingly, Criminal Petition is allowed and petitioner/accused No.2 is ordered to be released on bail in Crime No.182/2018 (S.C.No.296/2019) of Kodigehalli Police Station, Bengaluru City for the offences punishable under Sections 397, 302 read with Section 34 of IPC, subject to the following conditions:-
1. The petitioner/accused No.2 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.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the concerned Court without prior permission.
4. He shall be regular in attending the trial on all the dates of hearing.
5. He shall mark his attendance once in a month between 10:00 a.m to 5:00 p.m till the trial is concluded.
6. He shall not indulge in similar type of criminal activities during pendency of the trial.
Sd/- JUDGE NR/RG