IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2819/2019 BETWEEN:
1. Pramod Kumar S/o Rayappa, Aged 19 years, R/o Kammasandra Road, Vinayakanagar, Attibele Hobli, Anekal Taluk, Bangalore Urban District – 562 107.
2. Ravi S/o Lakshmaiah, Aged 40 years, R/o Neraluru, Attibele Hobli, Anekal Taluk, Bangalore Urban District – 562 107. (By Sri. K.S. Vishwanath., Advocate) AND:
State of Karnataka, Hebbagodi Police Station, Hebbagodi – 560 099.
Represented by SPP, High Court of Karnataka, Bengaluru – 560 001.
(By Sri S. Rachaiah, HCGP) ... Petitioners ... Respondent This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioners on bail in Cr.No.88/2019 registered by Hebbagodi Police Station, Bengaluru District for the offence p/u/s 143 and 302 read with Section 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners accused Nos.5 and 6 have filed the petition seeking to be enlarged on bail with regard to their detention in connection with the proceedings in Crime No.88/2019 of Hebbagodi Police Station for the offences punishable under Sections 143, 149, 302 of IPC.
2. The facts that are made out in the complaint are that on 10.03.2019, information was received by the Sub-Inspector of police regarding an accident near Branded outlet Ananthanagar Road. It is stated that a “concrete mixer lorry” had dashed a two wheeler and in that accident a lady and a boy had suffered injuries and the boy succumbed to injuries and died. When police went to the spot, they found a person lying on the road side and on enquiry, they found out that it was the driver of the lorry who is responsible for the accident. It is stated that though the driver of the lorry was taken for medical treatment he succumbed to the injuries suffered during the assault by the public accident and has died. The petitioners have been in custody since 11.03.2019.
3. Learned High Court Government Pleader states that the investigation is almost complete and charge sheet would be filed. It is also to be noted that the C.C. TV footage has been seized and on the basis of the C.C. TV footage, investigation is in progress.
4. It is the contention of the petitioners that it was not a pre-meditated offence and without admitting, even if at were to be true, it is an offence that would attract Section 304 of IPC (culpable homicide not amounting to murder as envisaged in the latter part of the sec 304). It is further stated that the petitioner No.1 is a student and his continued detention would affect his educational career. It is also contended that there were other people present at the spot and a false case has sought to be filed against the petitioner.
5. The petitioner had approached learned Sessions Judge and sought for being enlarged on bail and the said petition came to be dismissed. No reason has been assigned by the Sessions Court while rejecting the application.
6. It is to be noted that as the major part of the investigation is complete and also taking note of the fact that it is not a case of any pre-meditated commission of offence and taking note of the fact that petitioner No.1 is said to be a student, it would be appropriate to consider releasing the petitioners on bail. It is also to be noted that complaint had been filed against the unknown persons and in light of sec. 149 the question as to the extent of involvement of the petitioner can be ascertained only during the trial.
7. Accordingly, petition is allowed subject to the following conditions:
(i) Each of the petitioners shall execute a personal bond of Rs.1,00,000/- (Rupees one Lakh only) with surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioners shall co-operate with the Investigating Officer and shall not indulge in any criminal activities henceforth.
(iii) The petitioners shall not tamper with evidence, influence the witness in any manner.
(iv) The petitioners shall physically present themselves and mark their attendance before the concerned SHO once in a fortnight till the filing of the charge sheet.
(v) Any violation of the aforementioned conditions by the petitioners, howsoever minor, shall result in automatic cancellation of bail.
Sd/- JUDGE VBS