IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No.9577 OF 2018 BETWEEN:
1. Nandakumar @ Nannu, S/o Mani, Aged about 24 years, R/at No.20, East End Main Road, New Arasu Colony, Jayanagar 9th Block, Bengaluru-560 076.
2. Santhosh @ Gowda, S/o Mallesh, Aged about 24 years, R/at No.9/368, East End Main Road, New Arasu Colony, Jayanagar 9th Block, Bengaluru-560 076.
3. Surya Kumar @ Soori @ Silent, S/o Srinivasa, Aged about 24 years, R/at No.489, 12th Cross, Weavers Colony, Bannerghatta Road, Bengaluru-560 076.
(By Sri.Siddarth B Muchandi, Advocate for Sri.Chandrashekara K.A., Advocate) …Petitioners AND The State of Karnataka, By the Police of Mico Layout Police Station, Bengaluru-500 076.
Rept. By the State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
(By Smt.Namitha Mahesh, HCGP) …Respondent This criminal petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.148/2018 (S.C.No.1557/2018) registered by Mico Layout Police Station, Bengaluru for the offence punishable under Section 302 r/w Section 34 of IPC.
This criminal petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioners-accused Nos.1 to 3 under Section 439 of Cr.P.C., in Cr.No.148/2018 registered by Mico Layout Police Station, Bengaluru pending on the file of LXIV Additional City Civil and Sessions Judge, CCH-65, Bengaluru for the offences punishable under Section 302 read with Section 34 of IPC.
2. On 23.05.2018 on the information of one Smt.Sudha, a case in Cr.No.148/2018 was registered by the respondent-police for the offence punishable under Section 302 of IPC against unknown persons. During the course of the investigation, petitioners were apprehended and they have been arrayed as accused Nos. 1 to 3.
3. Learned counsel for the petitioners contend that there is no specific overt-act alleged against the petitioners-accused Nos.1 to 3. They have been in judicial custody from last one year. Investigation is completed and case has been committed to Sessions Court. Petitioners are not required for any other purpose and they are ready to abide by any of the conditions that may be imposed by this Court. Hence, he prays to allow the petition.
4. Per contra, learned HCGP appearing for the respondent-State submits that petitioners-accused Nos.1 to 3 are actively participated in commission of alleged crime on 22.05.2018 at 12.20 mid night. There are five eye witnesses to the alleged to have witnessed incident and they have given their statements before the Police. If petitioners are enlarged on bail, they may abscond. Hence, prayed for dismissal of the petition.
5. Upon hearing the arguments of learned counsel for the petitioners and learned HCGP appearing for the respondent-State and on perusal of the records, it shows that allegation against the petitioners is due to previous enmity between the accused and deceased. On 22.05.2018 at 12.20 A.M., in the night, accused Nos.1 and 3 raised quarrel with deceased Kusha. Accused No.3 assaulted with repeece. Accused No.2 assaulted on the stomach and by using Knife which is a deadly weapon, accused No.2 stabbed 2 to 4 times on his back, then again on his chest and stomach. Accused Nos.1 to 3 with a common intention to commit murder the said Kusha caused grievous injury. It is clear that accused Nos.1 to 3 actively participated in the commission of the crime due to previous enmity. There are five eye witnesses to the incident to show the involvement of the accused in the alleged crime. Matter is committed to the Sessions Court and pending for trial. There is sufficient material placed on record to show that petitioners are involved in the alleged offence. Therefore, I am of the opinion that petitioners have not made out any sufficient grounds to grant bail. If the petitioners are enlarged on bail, there is every possibility of tampering the witnesses, absconding from the case and committing similar offences are not ruled out. Hence, petition is dismissed.
Sd/- JUDGE SB