IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 1194 OF 2019 BETWEEN:
1. Mr.Purushothama Aged 36 years, S/o.Padma Poojary @ Monta Poojary, R/at Nooih House, Perenje Post, Badakodi Village, Belthangady Taluk, D.K.District-574214 2. Mr.Somanath Kotian Aged 45 years, S/o. Devu Poojary, R/at Sujaya Nivasa, Kariyanangady, Beluvai Post & Village, Mangaluru Taluk, D.K.District – 574 213 (By Sri.P.P.Hegde, Advocate) AND:
The State of Karnataka – Through the Sub Inspector of Police, Moodabidre Police Station, Moodabidre, D.K., District – ...Petitioners Represented by the State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001 (By Sri.H.S.Chandramouli, SPP) ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.323/2018 of Moodabidre Police Station, Mangalore City for the offences P/U/S 143, 144, 147, 148, 448, 307, 326, 109, 114, 120-B, 201 read with Section 149 of IPC and Section 4, 25(1) (B) (b) and 20 of Indian 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.11 and 12 under Section 439 of Cr.P.C. to release them on regular bail in Crime No.323/2018 of Moodabidre Police Station, Mangalore city for the offences punishable under Sections 143, 144, 147, 148, 448, 307, 326, 109, 114, 120-B, 201 read with Section 149 of IPC and Section 4, 25(1) (B) (b) and 20 of Indian Arms Act.
2. I have heard the learned counsel for the petitioners and learned Special Public Prosecutor for the respondent.
3. The gist of the complaint is that on 24.09.2018 at about 6.00 a.m. accused Nos.1 to 6 came in Innova car bearing Reg. No.KA-19-MD-9321 near the hotel of Imthiyaz where he was working as a cook. Accused No.2 was the driver of the said car. Accused No.6 showed the spot where the injured Imthiyaz was present, as the said person is the witness in the murder case of Bhajarangdal activist Prashanth Poojary and as a part of conspiracy, these accused-petitioners had taken a decision to eliminate him and as such they assaulted with weapons and caused the injuries. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioners that already the chargesheet has been filed and accused Nos.1 to 5, 6, 8, 9, 10 and 13 have been released on bail on the ground of parity and the petitioners-accused are entitled to be released on bail. He further submitted that as per the chargesheet material the main allegations is against the accused Nos. 1 to 6 and they have been released on bail. There is no serious allegations made against the accused Nos.11 and 12, the only allegations made against the petitioners-accused are that they have conspired with the other accused persons and there presence is also no where disclosed in the chargesheet material. He further submitted that only with a political vengeance a false case has been registered. He further submitted that if the petitioners- accused Nos.11 and 12 are released on bail, they are ready to abide by the conditions which are imposed by this Court and ready to offer sureties. On these grounds he prays to allow the petition and release the petitioners-accused Nos.11 and 12 on bail.
5. Per contra, learned SPP vehemently argued and submitted that the petitioners-accused Nos.11 and 12 belongs to some political parties and that they are also involved in similar type of criminal activities and accused No.12 is shown to be rowdy sheeter in Crl. Mis. Case No.147/2019 in Moodabidre Police Station. He further submitted that the injured Imitiyaz is a witness in the murder case of Bhajarangdal activist Prashanth Poojary and with that enimocity the petitioners-accused Nos. 11 and 12 along with the remaining accused persons assaulted the injured. He further submitted that if the petitioners-accused Nos.11 and 12 are released on bail they will indulge in similar type of criminal activities. He further submitted that the petitioners- accused Nos.11 and 12 are involved in many more cases and that they are in the habit of doing such type of activities. On these grounds he prays to dismiss the petition. Alternatively he also further submitted in the event if this Court comes to the conclusion that the petitioners-accused Nos.11 and 12 are entitled to be released on bail an externment orders may be passed.
6. I have carefully and cautiously gone through the submissions of learned counsel for the petitioners and learned Special Public Prosecutor and even the contents of the complaint and materials produced along with the petition.
7. As could be seen from the records already accused Nos.1 to 5, 6, 8, 9, 10 and 13 have been released on bail. Serious allegations are made as against accused Nos.1 to 5 and the only allegations which has been made against the petitioners-accused Nos.11 and 12 are that they have hatched a criminal conspiracy to take away the life of CW.2- Imthiyaz. It is a matter which has to be considered and appreciated at the time of trial. It is the submission of the learned SPP that the petitioners-accused No.11 is a rowdy sheeter and a case has been registered against him in C.C.No.180/2016. It is submission by the learned counsel for the petitioners that except the said case, all other cases have been closed and the petitioner-accused has been acquitted.
8. Taking into consideration, the above facts and circumstances, I feel if the petitioners-accused Nos.11 and 12 are enlarged on bail by imposing stringent conditions, it is going to meet the ends of justice.
9. Accordingly, this petition is allowed and petitioners-accused Nos.11 and 12 are enlarged on bail in Crime No.323/2018 of the Moodabidre Police Station, Mangalore city subject to the following conditions:
1. Petitioners-accused Nos.11 and 12 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the likesum to the satisfaction of the trial Court.
2. They should not indulge in similar type of criminal activities till elections are over.
3. They shall mark their attendance once in a month on every 1st for a period of six months to the Police Station.
4. They shall attend the trial Court regularly during trial.
In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration.
Sd/- JUDGE KPS