IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7471 OF 2018 BETWEEN:
Naveen Kumar, S/o.Annayappa, Aged about 22 years, R/at No.286, Chennakeshavanagar, 13th Cross, G.K.Layout, Bengaluru-560 100. …Petitioner (By Smt.Manjula.P.V, Adv., for Sri.D.C.Deepak, Adv., for Sri.Nagesha.B.S, Adv.,) AND:
State by Parappana Agrahara P.S., Represented by the Public Prosecutor, High Court Building, Bengaluru. ... Respondent (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.546/2017 (S.C.No.841/2018) of Parappana Agrahara P.S., Bengaluru for the offence p/u/s 302 read with 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 the petitioner- accused under Section 439 of Cr.P.C., to release him on bail in S.C.No.841/2018 (Crime No.546/2017) of Parappana Agrahara Police Station for the offences punishable under Section 307 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-state.
3. The gist of the complaint is that on 09.12.2017 at about 9.00 pm when the complainant and the deceased were talking with each other, accused persons started abusing the deceased asking him as to why he was supporting Suhas and at that time deceased intervened to pacify the quarrel. Accused Nos.2 to 5 abused him and assaulted him with hands. Then accused No.1 took out scissors from his pocket and assaulted on the left side of the head near the ear and as a result of the same he sustained injuries and subsequently he succumbed to injuries on the same day. On the basis of the complaint the case has been registered.
4. It is the submission of the learned counsel for the petitioner that there is no intention or animosity to cause the death of the deceased. He further submitted that the accused Nos. 2 to 6 have already been released on bail, on the ground of parity, the accused No.l is also entitled to be released on bail. Even the entire complaint does not disclose any animosity and accused-petitioner was not carrying any weapon along with him. He further submitted that the accused-petitioner is ready to abide by any conditions that may be imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is an eye witness to the alleged incident and CCTV footage also goes to show that the accused/petitioner involved in a serious offence which is punishable with death or imprisonment for life. On these ground he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and other materials which have been made available in this behalf.
7. As could be seen from the contents of the complaint that the alleged incident has taken place on 09.12.2017 at about 9.30 p.m., the complaint and statement of witnesses and the medical records disclose the fact that it is accused No.1 Naveena @ Kalars has assaulted the deceased with the scissor which was there with him. Though it is contended by the learned counsel for the petitioner-accused that there was no intention and animosity to the alleged incident and even that there is no evidence to show that he was carrying weapon that has to be seen at the time of trial, not at this stage. When there is ample material to connect the accused with the alleged offence, I feel that it is not a fit case to release the petitioner-accused on bail.
Hence, petition stands dismissed.
Sd/- JUDGE BVK/RG