IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1365/2019 Between:
Pavithkumar @ Parivala Putta S/o Palani Aged about 23 years R/at 3rd Cross Opposite, Bosh Company Doddanagamangala Road Beretena Agrahara Bangalore – 100. ...Petitioner (By Sri R.V. Rajashekara, Advocate) And:
State by its Station House Officer Parappana Agrahara Office Bangalore City - 100.
Rep by State Public Prosecutor High Court Building Bangalore – 560 001. ... Respondent (By Sri K. Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.314/2018 of Parappana Agrahara P.S., Bengaluru city for the offences p/u/s 302, 120(B) R/w Sec.34 of IPC.
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 petitioner/accused No.1 under Section 439 of Cr.P.C. seeking release him on bail in Crime No.314/2018 of Parappana Agrahara Police Station, Bengaluru City for the offences punishable under Sections 120B and 302 read with 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 genesis of the complaint are that near the house of the complainant, there was a water point and he was engaged in the service of water supply. It is alleged in the complaint that on 26.09.2018 at about 9.30 p.m. the deceased had come shouting by name Lokeshahanna. When the complainant came out, he saw that there were injuries near his neck and the blood was oozing. The complainant asked him what had happened, he stated that he was assaulted with knife and fell down on the ground. Immediately, he was taken to Blossom Hospital, from there to St.John’s Hospital where the Doctor declared him as brought dead. It is revealed in the complaint that because of the earlier enmity between the accused the deceased, the accused persons conspired and hatched a plan and when the deceased was going on the tractor, he was assaulted and caused to the death.
4. It is the submission of the learned counsel for the petitioner /accused No.1 that earlier, the complaint was registered against unknown persons and subsequently the petitioner was apprehended on 07.10.2018 though the alleged incident has taken place on 26.09.2018. It is submitted that at the time of apprehension of the accused, he fell by slip from 20 feet from a stone and his left leg has been fractured and he is under treatment. It is his further submission that the alleged incident has taken place during the night hours and CW.2 is not an eyewitness to the incident. He has been planted by the prosecution. He further submits that as per the allegation in the charge sheet, the accused assaulted the deceased but as per the case of the prosecution and eyewitness, they shifted the deceased to the hospital and he died at about 10.40 p.m., due to injuries suffered by him. If, really CW.2 has seen the accused assaulting the deceased, the complainant ought not to have registered the case against the unknown persons. It is his further submission that already the charge sheet has been filed and the petitioner/accused No.1 is languishing in the jail for more than a year and he is not required for the purpose of further investigation and interrogation. It is further submitted that he has been falsely implicated in this case and he is ready to abide by the conditions and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner/accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.1 has assaulted the deceased with knife on his throat, chest and other parts of the body. The said act of the accused has been witnesses by CW.2 who was present at the time when the accused assaulted the deceased when he was proceeding in a tractor. There are specific overt acts as alleged against accused No.1 for involving in the alleged crime. He further submits that the alleged offences are punishable with death and imprisonment for life. He further submits that already charge sheet has been filed and Post Mortem report also clearly goes to show that the deceased died due to the injury suffered by him to his throat. All these materials clearly go to show that the accused conspired with other accused persons and he has got a previous enmity with the deceased. There is ample material as against the petitioner/accused No.1. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and perused the records.
7. As could be seen from the contents of the complaint and other material, it reveals that though the complaint is registered against unknown persons, already the charge sheet has been filed. In the charge sheet, it indicates that CW.2 is an eyewitness to the incident and in his statement he has categorically stated that when he was going at about 9.30 p.m., he saw the person coming on tractor bearing registration No.AP-03-AR-4622 and accused No.1 who was waiting for the said tractor, immediately assaulted the deceased with the knife on his right hand, chest, near the left ear, both shoulders and on the right side eyebrow, knees and other parts of the body. All these acts clearly goes to show that it is accused No.1 who has assaulted the deceased with the knife and subsequently the deceased died due to shock and hemorrhage as a result of the cut throat injury sustained by him. Even as could be seen from the P.M. Report, the deceased has sustained as many as 15 injuries. They also corroborates with the evidence of CW.2. He has stated in his statement that the deceased has been assaulted by the accused. There is serious overt acts as against accused No.1 for having involving in a serious offence, which is punishable with death or imprisonment for life. There are no good grounds to release the petitioner/accused No.1 on bail.
Accordingly, the petition is dismissed.
Sd/- JUDGE nms