IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.9274/2018 BETWEEN:
N.MUNIRAJU @ HOOVA, S/O NARAYANASWAMY, AGED ABOUT 25 YEARS, R/AT NO.34, K.R.ROAD, A.K.COLONY, JAYANAGAR 7TH BLOCK, BENGALURU – 560 041.
…PETITIONER (BY SRI. M.G.SRINIVASA, ADVOCATE) AND:
STATE BY BANASHANKARI POLICE STATION – 560 050.
(REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 560 001).
…RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.121/2016 (S.C.NO.1154/2016) OF BANASHANKARI P.S., BANGALORE FOR THE OFFENCES P/U/S 143, 144, 147, 148, 307, 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP. Perused the records.
2. The charge sheet has been filed against seven accused persons and petitioner is arraigned as accused No.1.
3. The brief facts of the case are that on 7.5.2016 accused Nos.1 to 5 with an intention to do away with the life of one Sachin formed into an unlawful assembly at about 9.00 p.m. and it is alleged that accused Nos. 2 and 3 held the hands of the deceased Sachin to facilitate this petitioner to stab the deceased. It is further alleged that accused No.1-petitioner herein has stabbed the deceased with a knife and caused severe injuries and he died later. There are eye witnesses to the incident and the injured eye witness i.e. C.W.1-Shankar has categorically stated about the incident and the overt-act of accused No.1. Further added to that C.Ws.2 to 5 are also eye witnesses to the incident. They have stated the overt acts of the accused persons. The other accused persons by name Mubharak, Naveen.R. and Naveen Kumar have already been released by this Court on the ground that they were not the actual persons who stabbed the deceased but only the facilitators. As this petitioner does not stand on the same footing as that of the other accused persons, the other accused persons have been on bail. The petitioner herein is the main accused who assaulted the deceased with knife.
4. Looking to the above facts and circumstances of the case, merely because the other persons have already been released on bail, is not a ground to release this petitioner. Even the long custody of the petitioner is not a ground to release him on bail. Prima-facie there are materials against the petitioner. Under the above said circumstances, no grounds are made out to release the petitioner on bail.
Accordingly, the petition is dismissed. However, the trial Court is directed to expedite the trial itself and dispose of the same as expeditiously as possible.
Sd/- JUDGE *alb/-.