IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6065/2019 BETWEEN:
Mohammed Nawaz @ Pinky Nawaz S/o late Mayyadi Aged about 24 years R/at 7th Block, Krishnapura Katipalla, Mangaluru Taluk D.K District – 575 105. ... Petitioner (By Sri. Lethif B., Advocate) AND:
The State of Karnataka By Surathkal Police Station D.K.Mangaluru Rep. by SPP, High Court Building Bangalore- 560 001. ... Respondent (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in CR.No.02/2018 of Surathkal P.S., Mangalore City for the offence P/U/S 341, 302, 120B 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.1 under Section 439 of Cr.P.C. to enlarge him on bail in Crime No.2/2018 of Surathkal Police Station for the offences punishable under Section 341, 302, 120(B) read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner/accused No.1 and learned High Court Government Pleader for the 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.1 that earlier the complaint was registered against unknown persons. Subsequently, accused Nos.1 to 4 have been apprehended and statement of CWs.2 and 3 have been recorded. It is his further submission that statements of eyewitnesses have been recorded under Section 164 of Cr.P.C. belatedly on 07.03.2018 It is his further submission that under the similar facts and circumstances, accused Nos.3 and 4 have been released on bail. On the ground of parity, the petitioner/accused No.1 is also entitled to be released on bail. It is his further submission that this Court while releasing the petitioner/accused No.13 on bail has clearly observed that the name of accused is not found in the complaint and even the statement of the eyewitnesses recorded under Section 164 also does not discloses the said fact. It is his further submission that under similar facts and circumstances, the petitioner/accused No.1 is entitled to be released on bail. It is further submitted that the accused is suffering with bullet injury on his legs and he is immediately required to be operated. In this regard, he has also produced some medical reports and 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.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that accused Nos.1 to 4 have committed the murder brutally and CWs.2 and 3 are the eyewitnesses to the alleged incident. It is his further submission that the long which has been used for the alleged offences have been recovered at the instance of accused No.1 and other accused. It is his further submission that ground of parity is not applicable to the present facts and circumstances of the case. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the sides and perused the records and the orders passed by this Court in Crl.RP.No.1745/2019 dated 06.08.2019 and Crl.P.No.3454/2019 dated 24.09.2019, perused other records which are made available during the course of arguments.
7. Insofar as the medical records which have been produced are concerned, no grounds have been made out in the petition filed by the petitioner/accused No.1. In that light, without there being any correct and complete material, it cannot be held that he require immediate surgery.
8. I have carefully and cautiously gone through the charge sheet material, it indicates that the accused has assaulted the deceased with talwar on his head and accused Nos.2, 3 and 4 have assaulted on legs and other parts of the body. Taking into consideration of the above said facts and circumstances, serious overt acts have been stated as against accused No.1 who assaulted on the head and even the post mortem report indicates that he died due to head injuries. Hence, ground of parity does not applicable to the present petitioner/accused No.1. In that light, the petition stands dismissed.
Sd/- JUDGE NR/-