IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7682/2019 Between Paramesh Gowda K.C., Son of Channegowda, Aged about 46 years, Landmark, Shanthigrama Hobli, Village/Town/City: Kanchanahalli, District: Hassan, P.O. Sathenahalli, State Karnataka, Pin Code – 5732012.
(By Sri.Nagaraja K.R., Advocate) And State by Hassan Extension – Police Station, Represented by S.P.P. High Court Building, Bengaluru – 560001.
(By Sri.Honnappa, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in CR.No.147/2016 of Hassan Extension Police Station, Hassan for the offence punishable under Sections 341, 143, 147, 148, 149, 323, 302 of IPC and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. The petitioner is arraigned as accused No.1. It is seen from the charge sheet that on 28.05.2016 at about 5.45 p.m. when the deceased Charan along with other witnesses i.e., C.W.3, 4 and 5 were proceeding in a tempo to go to their village from Hassan. Due to the previous ill-will and hatred, all the accused persons gathered and formed into an unlawful assembly holding deadily weapons. They intercepted the said vehicle and accused No.1/present petitioner dragged the deceased from the said Tempo and kicked him on his thigh and accused No.2 and others assaulted the deceased with clubs, stones, bat on his chest and other parts of the body. The deceased was admitted to the Hospital and he died later on 01.06.2016 due to complication of the injuries sustained by him. The above said facts of the case are supported by the eye witnesses i.e., C.Ws.2, 3, and 4 including the complainant – Ravi s/o Rangegowda. The Postmortem Report submitted by the Doctor also disputes that the deceased died due to complications of the multiple injuries sustained, got respiratory failure. Looking to the above said facts and circumstances, in my opinion, the petitioner is not entitled for grant of bail under Section 438 of Cr.P.C. Hence, the petition is devoid of merits and the same is liable to be dismissed.
Accordingly, the Criminal Petition is dismissed.
Sd/-
JUDGE NBM