IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 6795 OF 2018 BETWEEN:
Muthu @ Mutta @ Tanga, S/o. Govindaraju, Aged 19 years, R/at No.114, Kudalasangama Nagara Extension, Magadi Main Road, Gollarahatti, Bengaluru – 560 053. ...Petitioner (By Sri. Manjunath M.R., Advocate) AND:
State of Karnataka by Rajagopalanagara Police, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001. ...Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure praying to enlarge the petitioner on bail in Cr.No.1062/2017 of Rajagopalnagar Police Station, Bengaluru for the offence P/U/S 504 and 302 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 petitioner-accused under Section 439 of Cr.P.C. to release him on bail in Crime No.1062/2017 (S.C.No.613/2018) of Rajagopal Nagar Police Station, Bengaluru City for the offence punishable under Section 302 of IPC.
2. Though this case is posted continuously on day to day basis, there is no representation on behalf of the petitioner-accused. I have heard the learned High Court Government Pleader for the respondent-State.
3. It is the contention of the learned counsel for the petitioner that there is a delay in lodging the complaint. The petitioner is innocent and there is no overt act against the petitioner-accused. He never assaulted the deceased, the complaint clearly states that the deceased harassed the petitioner-accused and demanded alcohol and money and threatened him. He is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there are eye witnesses to the alleged incident. It is the petitioner- accused who assaulted the deceased with knife on chest and other vital parts of the body and as a result of the same, the deceased sustained bleeding injuries and lost his consciousness and ultimately the deceased died in the hospital. There are evidences as against the petitioner-accused for having involved in a serious offence, which is punishable with death or imprisonment for life. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
7. The contents of the complaint and other materials reveal that there are eye witnesses to the alleged incident and in the altercation, the petitioner- accused has attacked on the chest of the deceased with knife and other vital parts of the body, as a result of the same, the deceased succumbed to the injuries. There are serious overt acts as against the accused-petitioner. The alleged offence is punishable with death or imprisonment for life.
Keeping in view the above said facts and circumstances, I feel that it is not a fit case to release the petitioner-accused on bail. Hence, criminal petition stands dismissed.
Sd/- JUDGE RB