IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1775/2019 BETWEEN:
1. Muthu @ Muthuraj S/o. Sunder Aged about 23 years Residing at Arasanthe Hobli H.D. Kote Taluk Mysuru District PIN – 571 001.
2. Adi @ Adarsh S/o. Nagaraju Aged about 22 years Residing at No.127 Raghavendra Nagar Mysuru – 571 001.
3. Roopesh S/o. Krishnamurthy B Aged about 21 years Residing at No.55 2nd Cross, 2nd Main Raghavendra Nagar Mysuru – 571 001. ...Petitioners (By Sri Mahadeva R.K., Advocate) AND:
The State of Karnataka Rep. by the Station House Officer Nazarbad Police Station Devaraja Sub-Division Mysuru City. ...Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.40/2019 of Nazarbad Police Station, Mysuru City for the offence p/u/s. 302 R/w 34 of IPC.
This criminal petition coming on for orders this day, the Court made the following:
O R D E R This petition has been filed by petitioners – accused Nos.8, 9 and 11 under Section 438 of Cr.P.C to release them on anticipatory bail in the event of their arrest in Crime No.40/2019 by Nazarbad Police Station for the offence punishable under Section 302 R/w Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. The brief facts of the complaint are that:
On 11.02.2019 at about 10.15 p.m. when the complainant went to smoke the cigarette in petty shop near burial ground, at that time, the deceased Chinnaswamy @ Babu was also present. He asked the complainant to get him cigarette and he offered him a cigarette. Thereafter, when the complainant proceeded towards his house, he heard a voice and he saw by turning and noticed that the deceased was running and fallen down and at that time, accused No.1 namely Sridhar @ Pavan and accused No.2 namely Premsagar and accused No.3 namely Prajwal and others were standing near the said shop and when he went there they threatened that they will also finish of him and thereafter they ran away towards the burial ground.
Immediately, a friend of the complainant came near the spot and they took the deceased on a bike to the hospital. The doctor after checking declared that he has been brought dead. On the basis of the complaint, a case has been registered.
4. It is submitted by the learned counsel for the petitioners that the name of the accused Nos.8, 9 and 11 is not found either in complaint or in FIR. Only on the basis of the voluntary statement said to have been given by accused No.1, they have been implicated in this case. He further submitted that there are no specific overt acts as alleged against accused– petitioners. The only allegation which has been made is that they have conspired with other accused persons and surrounded the deceased and facilitate the accused persons to assault with knife. He further submitted that though petitioners are not involving in the alleged crime, they have been falsely implicated in the case. If bail is granted, they are ready to abide by any conditions imposed by this Court and also ready to offer sureties. On these grounds, he prays to allow the petition and grant anticipatory bail to petitioners/accused Nos.8, 9 and 11.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused along with other accused persons have committed heinous offence, which is punishable with death or imprisonment for life. He further submitted that petitioners herein have surrounded the deceased and it is accused Nos.1 to 3, who have assaulted the deceased with knife. Thereby, petitioners/ accused Nos.8, 9 and 11 have facilitated the remaining accused persons for commission of alleged crime. The presence of the petitioners herein is also clearly stated by the witness. He further submitted that the accused / petitioners are not available for the purpose of the investigation or interrogation, if now they are released on anticipatory bail, they may not attend trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. A close reading of the contents of the complaint and remand application filed by the Police Inspector dated 13.02.2019 clearly goes to show that when the deceased was near the petty shop and was smoking cigarette at that time, accused No.1- Sridhar @ Pavan assaulted the deceased with the knife on the backside and accused No.2 – Premsagar assaulted on the head of the deceased with beer bottle and accused No.3-Prajwal assaulted on stomach and chest by receiving same knife from accused No.1. All these materials clearly indicate that it is accused Nos.1 to 3 who have assaulted the deceased and caused grievous injuries and as a result of the same, the deceased died. The only allegation which has been made against the accused/petitioners herein is that they conspired with other accused and they surrounded and facilitate the other accused persons to eliminate the deceased. Looking from any angle of the discussion, accused Nos.8, 9 and 11 have not actively participated and they have not assaulted the deceased. Under such circumstances, I feel that, if the accused/petitioners are enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioners/accused No.8, 9 and 11 are enlarged on anticipatory bail in Crime No.40/2019 of Nazarbad Police Station for the offence punishable under Section 302 R/w Section 34 of IPC subject to the following conditions:
1. In the event of their arrest, the Investigating Agency is directed to enlarge them on bail on they executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not tamper with the prosecution evidence directly or indirectly.
3. They shall not leave the jurisdiction of the Court without prior permission.
4. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till trial is concluded.
5. They are directed to surrender before the Investigating Officer within 15 days from today.
Sd/- JUDGE nms