IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2102 OF 2019 BETWEEN:
1. Mohan @ Moni, S/o Shivanna, Aged about 22 years, Residing at No.2953, 2nd Cross, V.V.Mohall, Mysuru-570 002.
2. Maneesh S/o Shreeram, Aged about 21 years, Residing at No.2660/A, 4th Cross, Kalidasa Road, V.V.Mohall, Mysuru-570002.
3. Sathish S/o Ashok, Aged about 22 years, d Residing at No.2557, 2nd Cross, 2nd Main, Vontikoppal, Mysuru-570002.
4. Madan S/o Madesh, Aged about 24 years, Residing at No.2560, 2nd Cross, 2nd Main, Vontikoppal, Mysuru-570002. ...Petitioners (By Sri. Parameshwarappa.C, Advocate) AND:
State of Karnataka by Station House Officer, V.V.Puram Police Station, Mysuru-570002.
Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ...Respondent (By Smt. Namitha Mahesh B.G., HCGP) This criminal petition is filed under section 439 of the code of the criminal procedure code praying to enlarge the petitioners on bail in Cr.No.14/2019 of V.V.Puram P.S. Mysore City for the offence P/U/S 341, 504, 143, 147, 148 and 307 R/w 149 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 the petitioners/accused Nos.1 to 4 under Section 439 of Cr.P.C., seeking their release on bail in Crime No.14/2019 of V.V. Puram Police Station for the offences punishable under Section 341, 504, 143, 147, 148, 307 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that on 16.02.2019 when the complainant and his friends, after taking food in Gokul Chats, came near Surabhi Bar on their Motor Bike. The petitioners herein and other accused persons by holding wickets and knives, came there and wrongfully restrained the complainant and his friends and also abused in a filthy language. By that time, Accused No.2- Maneesh assaulted the injured who was riding the bike, with a wicket on his head and other parts of the body. At that time, the complainant escaped from the spot. Accused No.1 stabbed the injured with a knife on his stomach and head. He also assaulted with a knife on the face and head of injured and caused bleeding injuries. Subsequently, all other accused persons have assaulted with wicket and knife on their face and body and made them to fall and also threatened them with dire consequences. On the basis of this complaint, the said case has been registered.
4. It is the submission of the learned counsel for the petitioners-accused Nos.1 to 4, other accused persons have been enlarged on bail. On the ground of parity, the petitioners/accused Nos.1 to 4 are entitled to be released on bail. It is further submitted that the injured was got admitted on 16.02.2019 and was discharged on 04.03.209 and there is no danger to the life of the injured. It is further submitted that the alleged offences are not punishable with death or imprisonment for life. It is further submitted that, already the recovery has been done, the petitioners/accused Nos.1 to 4 are not necessary for the purpose of investigation and interrogation. There is no intention to cause the death of the injured. It is further submitted that because of previous rivalries, the alleged offence incident took place and injured sustained injuries. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 to 4 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there are eyewitnesses to the alleged incident. Accused No.1 is a rowdy sheeter and has involved in many more cases. The charge sheet has not yet been filed, if the petitioner/accused No.1 released on bail he may tamper with the prosecution evidence. It is further submitted that during the course of investigation the recovery has been done at the instance of accused No.1 and other accused persons. If accused persons are released on bail, they may abscond or they may not be available for the trial and may likely to indulge in similar type of criminal activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the records it discloses the fact that the alleged incident has taken place on 16.02.2019. The injured was got admitted in DRM Multispecility Hospital, Mysore and he was discharged on 04.03.2019. The injuries said to have been sustained, though they are grievous in nature but injured is out of danger. The alleged offences are not punishable with death or imprisonment for life. It is specific contentions of the learned High Court Government Pleader that the petitioner/accused No.1 is a rowdy sheeter and charge sheet has not been filed. If he released on bail he may again indulge in similar type of criminal activities and he may intervene in the investigation. Under the said facts and circumstance, I feel that by imposing some stringent conditions, if the petition concerned to the petitioners/accused Nos.2 to 4 are ordered to be released on bail, it is going to meet the ends of justice. Insofar as the petition concerned to accused No.1, he is not entitled to be released on bail.
8. In that light, insofar as the petition filed by the petitioner/accused No.1 is stands dismissed. However, the liberty is given to him to file an fresh application after the charge sheet is filed. Insofar as the petition filed by the petitioners/accused Nos.2 to 4 is concerned, the same is partly allowed. The petitioners-accused Nos.2 to 4 are ordered to be released on bail in Crime No.14/2019 of V.V. Puram Police Station for the offences punishable under Section 341, 504, 143, 147, 148, 307 read with Section 149 of IPC subject to the following conditions:
1. Petitioners/accused Nos.2 to 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.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall not tamper with the prosecution evidence directly or indirectly.
4. They shall regularly attend the trial.
Sd/- JUDGE KTY