IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.850 OF 2019 BETWEEN:
PETER K., S/O. LATE KASIBENZAMIN, AGED 22 YEARS, R/AT NO.26, OM SRI SAINILAY, 2ND FLOOR, 1ST A CROSS, SARASWATHIPURAM, JOGUPALY, ULSOOR, BENGALURU-560 008.
[NOW DURESS AT CENTRAL PRISON BANGALORE]. ... PETITIONER [BY SRI. Y.S.SHIVAPRASAD, ADVOCATE] AND:
STATE OF KARNATAKA BY BYAPPANAHALLI P.S., REP. BY PUBLIC PROSECUTOR, COURT COMPLEX, BENGALURU-560 009. ... RESPONDENT [BY SRI.NASRULLA KHAN, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.213/2018 OF BYAPPANAHALLI P.S., BANGALORE FOR THE OFFENCE P/U/S 302,397 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is arrayed as accused No.2 in Crime No.213/2018 of Byappanahalli Police Station, registered for the offence punishable under Sections 302, 397 r/w. 34 of IPC.
2. The investigation has been completed and charge- sheet has been filed for the offence punishable under Sections 341, 302, 397, 471, 506(B), 201 r/w. Section 34 of IPC.
3. I have heard the learned counsel appearing for the petitioner and the learned HCGP., representing the respondent/State.
4. The case of the prosecution as per the charge- sheet material is that;
On 04.12.2018 at about 1.00 a.m., when the complainant was proceeding along with the deceased by name M.J. Mohan Kumar near NICE Fair and Yamuna Apartment, at that time accused Nos.1 and 2 along with two other juvenile offenders came on one Honda Dio scooter bearing reg. No.KA-03/JJ-3208 and Honda Activa bearing reg. No.KA-03/JA-6994 armed with weapons, with an intention to commit robbery. The juvenile offenders threatened the deceased by showing a knife. When the deceased refused to part with the money, at that time it is alleged that the juvenile offender by name Vishnu stabbed the deceased on his abdomen. Accused No.1 and another juvenile offender by name Vajresh showed knife to the complainant and threatened him to part with the mobile phone. When the complainant ran away from the spot, accused No.2 and the juvenile offender by name Vajresh followed him. Further the juvenile offender by name Vishnu again attempted to stab the deceased and when the deceased held the knife, at that time, accused No.1 snatched the knife from the deceased and assaulted him on his head and stabbed on his abdomen two to three times and thereby committed his murder .
5. The learned counsel for the petitioner contended that there is no overt-act attributed as against the present petitioner. He has been implicated in a false case. Only allegation is that he has changed the number plate of the two-wheeler and therefore, on that ground, he has been implicated in this case.
Per contra, learned HCGP contended that the petitioner is a habitual offender and he has been involved in several cases. The petitioner has committed a serious offence by joining hands with the other accused and committed the murder of one Mohan Kumar. That the offence committed is serious in nature and he is not entitled for the relief claimed. He further submitted that if the petitioner is enlarged on bail, he may tramper with the prosecution witnesses. Accordingly, seeks to dismiss the petition.
6. A perusal of the charge-sheet material goes to show that there is no specific overt-act alleged as against the present petitioner in causing any injuries to the person of the deceased. It is alleged that accused No.2 changed the number plate of his Honda Dio bearing Register No.KA-03/JJ- 3208 and put the number plate bearing Register No.KA-03-JN 5272 belonging to the vehicle of his relative, C.W.20. The investigation has been completed and charge-sheet has been filed. It is stated that at the instance of the petitioner an iron road has been seized. Considering the facts and circumstances of the case and also the overt-act attributed to the present petitioner, I proceed to pass the following:
ORDER The petition is allowed.
(i) The petitioner shall be released on bail in connection with Crime No.213/2018 of Byappanahalli Police Station, registered for the offences punishable under Sections 302, 397 r/w. 34 IPC on his execution of a personal bond for a sum of Rs.1,00,000/- [Rupees One Lakh only] with two sureties for the likesum to the satisfaction of the trial Court/Committal Court.
(ii) The petitioner shall not tamper with the prosecution witnesses or hamper the prosecution case in any manner.
(iii) The petitioner shall not involve in any similar offences.
(iv) The petitioner shall attend the Court regularly on all hearing dates.
(v) The petitioner shall not leave the jurisdiction of the trial Court without the prior permission of the learned trial Judge/Sessions Judge.
(iv) If any of the aforesaid condition/s is/are violated, the prosecution is at liberty to move for cancellation of the bail granted.
Sd/- JUDGE Ksm*