IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE Mr. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No. 2582/2019 BETWEEN :
Nayaz @ Nayu S/o. Ansar Aged about 29 years R/a. No. 116, 3rd Cross Near Ameen Masjid JHBC Layout J.P. Nagar Bengaluru – 560 078. … PETITIONER (By Sri. M.R. Nanjunda Gowda, Adv., for Sri. Ramesha H.N., Adv.) AND :
The State of Karnataka By Kumaraswamy Layout P.S. Rep. by Special Public Prosecutor High Court of Karnataka Bengaluru – 560 001. … RESPONDENT (By Sri. Honnappa, HCGP) ---
This Criminal Petition is filed under Section 439 Cr.P.C. with a prayer to enlarge the petitioner on bail in Cr.No. 340/2018 of Kumaraswamy Police Station and etc.
This Criminal Petition coming on for Orders this day, the Court passed the following;
O R D E R Heard learned counsel for petitioner and perused the records.
2. The petitioner is arraigned as accused No. 1 in C.C. No. 31584/2018 on the file of LXIV ACMM Court, Bengaluru, registered against him and other accused persons for the offences punishable under Section 302 read with Section 34 IPC. The other accused persons, that is, accused Nos. 2 and 3 have already been released on bail by this Court in Crl.P. No. 9317/2018 dated 21.01.2019.
3. Brief facts of the case are that the complainant and the deceased went to R.K. Bar and consumed alcohol at about 10.30 pm on 24.08.2018. Thereafter the complainant Chandru and his brother-in-law Srinivas went near the cash counter to pay the bill. At that time accused No. 1 – petitioner herein started abusing the said Chandru in filthy language. When the said person Chandru asked the petitioner herein why he was abusing him, then the accused and another person all of a sudden started quarreling with Chandru and this petitioner took out a knife and stabbed on the right shoulder of Chandru forcibly which virtually pierced into lungs from the right side which ended in causing the death of said person. The Doctor has declared him dead when he was taken to the hospital. On these allegations a charge sheet has been laid and there are eye witnesses to the incident as contended by learned Government Pleader. It is seen from the records that the injury was caused to the right side of the shoulder which pierced into the lungs of the deceased. Therefore, whether the accused persons had really intended to do away with the life of the deceased or whether they were having knowledge that the injury which the accused had caused was sufficient in the ordinary course to cause the death of a person has to be established during the course of full dressed trial. The facts and circumstances discloses that the Court has to analyze during the course of evidence to find out whether the offence falls under Section 302 of IPC or falls under any category of Section 304 of IPC. There is absolutely no antecedents or bad events insofar as accused No.1 is concerned. Further, the clash occurred whether due to enragement or out of passion the incident happened is also to be considered during the course of trial. Hence, in the above said circumstances I am of the opinion that particularly under Section 439 Cr.P.C. the petitioner is also entitled to be enlarged on bail.
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C. No. 31584/2018 on the file of XLIV ACMM Court, Bengaluru, (arising out of Crime No. 340/2018) for the offence punishable under Sections 302 read with Section 34 IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with Two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
LRS Sd/- JUDGE