IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 6884/2018 BETWEEN:
1. Pavan Kumar @ Pavan S/o. Govindharaj, Aged about 24 years, R/at No.53/7, Madhappa Colony, Chikka Golarahatti, Eshwari Farm, Bengaluru – 560 091 And also residing at Shambhu Devanahalli Village, Madha bhala Hobli, Magadi Taluk, Ramanagara District-562 120 2. Harish Kumar @ Hari S/o. Parthiban, Aged about 24 years, R/at No.58, 19th Main, Kurabharahalli, Bengaluru-560 086 (By Sri.D.S.Venkataramappa, Advocate-Absent) ...Petitioners AND:
The State of Karnataka By its Inspector, Kempapura Agrahara Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001 (By Sri.K.P.Yoganna, HCGP) ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.186/2018 of Kempapura Agrahara Police Station, Bengaluru City for the offences P/U/S 143, 147, 148, 427, 307, 506B, 212 read with 149 of IPC and Section 27(1) of ARMS Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners- accused Nos.3 and 5 under Section 439 of Cr.P.C. to release them on regular bail in Crime No.186/2018 of Kempapura Agrahara Police Station, Bengaluru city for the offences punishable under Sections 143, 147, 148, 427, 307, 506B, 212 read with 149 of IPC and Section 27(1) of ARMS Act.
2. Learned counsel for the petitioners though adjourned for more than five times not represented, remained absent. I have heard the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 25.07.2018, at about 9.00 p.m. 5 to 6 unknown persons destroyed the office of first informant Somashekar, which was known as “Sri.Chamundeshwari Enterprises” by pelting the stones they have caused injuries to Madhava Rao and Puneeth. It is further alleged that the said persons have used macchu to cause injury, during the investigation it has been found that the accused shown in the remand application dated 03.08.2018 is engaged in damaging the public properties in order to get money i.e., roll call, with such intention only the accused Nos.1 to 5 shown in the remand application for having damaged the office of Somashekar and even attempted to cause death of two persons.
4. It is contended in the petition that the petitioners are innocent and there is no prima facie case made out to attract the ingredient of the above offences. There is no nexuses between the petitioners and with the alleged offences and there are no eye witness to the alleged incident, the alleged offences are not punishable with death or imprisonment for life. They are ready to abide by the terms and conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and release the petitioners on bail.
5. Per contra, learned HCGP vehemently argued and submitted that the offences against the petitioners are serious in nature. The petitioners-accused Nos.3 and 5 are anti social elements and they use to take roll call and collect the money from people and they are menace to the society. He further submitted that there are several cases filed as against the petitioners-accused Nos.3 and 5, if they are released on bail they may again indulge in similar type of criminal activities. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of the learned High Court Government Pleader and contents of the complaint and other materials, which have been made available along with the petition.
7. As it could be seen from the records there are so many allegations made against the petitioners-accused Nos.3 and 5 including the allegations that they have involved in unlawful activities, they are anti-social elements and they use to make roll call and use to threaten the public and damage the public properties and if they are released on bail they may indulge in similar type of criminal activities and they may be menace to the society.
8. Taking into consideration of the above said aspects, I am of the considered opinion, the petitioners-
accused No.3 and 5 has not made out any good grounds to release them on bail. Hence, the petition is dismissed.
Sd/- JUDGE KPS/-