IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.9644/2018 c/w CRIMINAL PETITION No.81/2019 IN CRL. P. No.9644/2018 BETWEEN:
1. Narasimha S/o Halugundaiah Aged about 42 years Residing at C/o Kempamma, No.22, Behind Soudamini Kalyana Mantapa, Near Eshwara Temple Doddakallasandra, Kanakapura Road Bengaluru-560 095.
Permanently Residing at No.19, Kanakapura Main Road Near Hemavathi Choultry Doddakallasandra Bengaluru-560 095.
2. Jayarama S/o Kempegowda Aged about 34 years Residing at No.9/01, 6th Main, Bhuvaneshwarinagar Magadi Main Road Bengaluru-560 023.
(By Sri Pratheep K.C., Advocate for Sri. Ramesha H.N., Advocate) AND:
The State of Karnataka by Srirangapatna Rural P.S. Represented by Public Prosecutor High Court of Karnataka Bengaluru-560 001.
…Petitioners …Respondent (By Smt. Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.261/2018 (C.C.No.690/2018) of Srirangapatna Rural P.S., Mandya District, for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120B, 201, 302 r/w Section 149 of Indian Penal Code and Sections 2(c), 27(1) of ARMS Act.
IN CRL.P. No.81/2019: BETWEEN:
1. Ramadasa @ Thuthu Madike S/o late Shamanna Aged about 47 years Residing at No.250 Ambedkar Nagar, Banashankari Bengaluru-560 085.
Permanently Residing at No.32, Vasanthapura Main Road Vallabha Nagara, Subramanyapuram Bengaluru-560 027.
2. Babu @ Biriyani Babu S/o Narayanaswamy Aged about 29 years Residing at No.554 10th Beedi, Indiranagara Slum Bengaluru-560 023.
(By Sri. Pratheep K.C., Advocate for Sri. Ramesha H.N., Advocate) AND:
The State of Karnataka by Srirangapatna Rural P.S. Represented by Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioners …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.261/2018 (C.C.No.690/2018) of Srirangapatna Rural P.S., Mandya District, for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120B, 201, 302 r/w Section 149 of Indian Penal Code and Sections 2(c), 27(1) of ARMS Act.
These Criminal Petitions coming on for Orders, this day the Court made the following:-
O R D E R Criminal Petition No.9644/2018 has been filed by petitioners/accused Nos.17 and 18, Criminal Petition No.81/2019 has been filed by petitioners/accused Nos.15 and 16 under Section 439 of Cr.P.C. to release them on bail in Crime No.261/2018 (C.C.No.690/2018) of Srirangapatna Rural Police Station, Mandya District, for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120B, 201, 302, 149 of IPC and Section 2(C), 27(1) of Arms Act.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
3. The genesis of the complaint reveals that on 11.8.2018 on account of Bheemana Amavase, deceased Arasaiah had visited Sri.Gurudev Mahakali Temple, situated at T.M.Hosuru Gate and had arranged Homa and Pooja rituals in the said temple. Said Arasaiah summoned the complainant to his village on 10.8.2018 and on 11.8.2018 at 8.30 a.m. came to the said Temple in a Car bearing Registrtion No.KA.51/P.5695. After finishing the Pooja Rituals at about 3.30 p.m. all the said persons started proceeding in the said Car and it was driven by the deceased Arasaiah and the other witnesses were sitting in the rear seat. When they came forward to some distance, at about 3.45 p.m. three Cars came to the spot and about 15 to 20 persons accosted the Car holding longs and chopper and made the Car to stop. When Arasaiah stopped the Car, the said persons attacked him with longs and chopper and when Arasiaiah tried to take the Car reverse, but the said assailants hit him and caused grievous injuries, after throwing the longs and chopper they fled away from the spot. Thereafter, the complainant took the injured to Colombia Asia Hospital, Mysuru and there at about 8.00 p.m. on the same day, doctor declared him as dead because of the injuries. On the basis of a complaint, a case has been registered.
4. It is the contention of the learned counsel for the petitioners that the deceased was a rowdy sheeter and when the Car of the deceased was intercepted, at that time accused Nos.16 and 17 were not present and as per the statement of CW2 eyewitness he has seen them near the Temple. He further submitted that even as per the contents of the complaint and other material PW15 was standing and there are no specific overt acts as against him. He further submitted that insofar as accused No.18 is concerned, he was not seen at the place of the incident and he has been seen in the jail. He further submitted that already charge sheet has been filed and there is no overt acts as against the petitioners/accused are concerned. He further submitted that though the statements of the witnesses have been recorded under Section 164 of Cr.P.C. there is inconsistency in their statements and even the said witnesses have not identified the accused persons.
They are ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petitions and to release the petitioners on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is ample material to show that the above said accused persons have participated in the alleged crime and they have given information about the deceased and they have conspired and abetted the commission of the offence. She further submitted that the petitioners/accused were in constant touch with accused No.1 and it is accused No.1 who committed the alleged offence. The said act clearly goes to show the involvement of the petitioners/accused. She further by referring to the statement of the witnesses recorded under Section 164 of Cr.P.C. before the Magistrate submitted that as far as accused No.15 is concerned, he has also dragged the deceased out of the Car and has assaulted and caused the injuries. That itself clearly goes to show the active participation of the petitioners/accused in the alleged crime. On these grounds, she prayed to dismiss the petitions.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the statement of Rangaswamy who is said to be the eyewitness, in his statement he has stated that accused No.15 was standing and when he saw accused Nos.16 and 17, they were near the Temple and at that time, he has seen them and insofar as accused No.8 is concerned he has only identified the said person by seeing the photographs that he has seen him in the jail and by going through the said statement of this witness there is no specific overt acts alleged against the present petitioners/accused. Though during the course of argument the learned High Court Government Pleader submitted that the petitioners/accused have actually participated in the alleged offence and it is accused No.15 who has also assaulted the deceased with lethal weapon, that has to be considered and appreciated at the time of trial and not at this pre-matured stage. When there is no serious allegations and overt acts as against the present petitioners/accused are concerned, then under such circumstances, that too when already charge sheet has been filed, I feel that by imposing some stringent conditions, if petitioners/accused are ordered to be released on bail, it is going to meet the ends of justice.
8. Taking into consideration the above said facts and circumstances, the petitions are allowed. The petitioners/ accused nos.17, 18 and 15, 16 are ordered to be released on bail in Crime No.261/2018 of Srirangapatna police station for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120B, 201, 302, 149 of IPC and Section 2(C), 27(1) of Arms Act, subject to the following conditions:
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i) Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the trial Court.
ii) They shall not tamper with the prosecution evidence directly or indirectly.
iii) They shall appear before the trial Court regularly till completion of the trial.
iv) They shall mark their attendance in the jurisdictional police on 1st of every month between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) They shall not leave the jurisdiction of the Court without prior permission of the Court.
vi) They shall not indulge in similar type of criminal activities.
Sd/- JUDGE *AP/-