IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.702/2019 BETWEEN :
Rajesh K.S.
S/o Kadale Gowda Aged about 28 years R/at No.100, 2nd Cross, 1st Main Road, Srinivasanagara, Sunkadakatte Bengaluru-560 091 (By Sri K.N.Narayanaswamy, Advocate) AND :
The State of Karnataka by Kamakshipalya Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.399/2018 (C.C.No.32302/2018) of Kamakshipalya Police Station, Bengaluru City for the offences punishable under Sections 307 and 302 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 439 of Cr.P.C. praying to release him on bail in CC.No.32302/2018 on the file of V Additional CMM, Bangalore arising out of Crime No.399/2018 of Kamakshipalya Police Station for the offences punishable under Sections 307, 302 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 12.08.2018 at 8.30 p.m., the cousin brother of informant Sathish came to his home requested to come with another cousin Avinash and neighbor Anvith to go Rajesh’s Room at Sunkadakatte for asking money from Rajesh. Thereafter all of them went to Ganga Bar, consumed alcohol, went near Rajesh’s room, at that time 7 to 8 persons were having meal in the room. The complainant went into the room asked all the persons why they have abused Sathish for asking return of money. At that time his cousin brother Sathish told the complainant that it is one Mr. Abhi who abused him. Then the complainant asked the persons who were present there about Abhi and they replied that Abhi has gone outside. At that time two persons Rajesh and Abhi came near the door. In the meanwhile, one Punith (accused No.1) started abusing the complainant and his cousin brothers and removed a dragger from his pant pocket and stabbed on the backside near abdomen of the complainant with an intention to kill him and all others dragged his cousin brother Avinash from third floor to down floor and the person who had stabbed him with the dragger also stabbed his cousin brother Avinash with an intention to murder him. At that time Anvith and another cousin brother Sathish frightened and ran away from that place. The complainant and his cousin brother Avinash suffered injuries and all the accused ran away from that place as public gathered there. Subsequently, the injured were taken to Lakshmi Hospital in 108 Ambulance and after taking first aid both of them have been shifted to Victoria Hospital and Avinash died before going to the hospital. On the basis of the complaint the case came to be registered.
4. It is the submission of the learned counsel for the petitioner that already charge sheet has been filed. No specific overt acts have been alleged as against the petitioner. The only allegation made as against him is that he caught hold of the complainant and at that time, Punith-accused No.1 abused and removed a dragger from his pant pocket and stabbed on the backside of abdomen of the complainant with an intention to kill him. He further submitted that already accused No.4 has been released on bail. Under the similar facts and circumstances, on the ground of parity, the petitioner is also entitled to be released on bail. He further submitted that the petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition by granting bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner along with other accused persons brought the injured from the 3rd Floor to the down floor and caused the injuries. There are six eye witnesses to the alleged incident. The alleged offences are punishable with death or imprisonment for life. If the petitioner is released on bail, he may abscond and may not be available for trial. He further submitted that blood stained articles were recovered at the instance of the petitioner. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint and other material on record, it clearly goes to show that the alleged incident has taken place when the complainant along with his cousin brothers went to Rajesh’s room for asking money of Sathish and at that time, it is accused No.1 who assaulted Sathish as well as the deceased with the dragger and caused grievous injuries resulting in death of the deceased Avinash. The main allegation as against the petitioner is that he caught hold of CW.1 and at that time, alleged incident has taken place. Except that no other allegations have been made either in the statement of the eye witnesses or charge sheet material. Already the charge sheet has been filed and no specific overt acts are alleged as against the petitioner. In that light, I feel that by imposing some stringent conditions, if the petitioner is released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused No.2-petitioner herein is enlarged on bail in CC.No.32302/2018 on the file of V Additional CMM, Bangalore arising out of Crime No.399/2018 of Kamakshipalya Police Station for the offences punishable under Sections 307, 302 r/w. Section 34 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall be regular in appearing before the trial Court.
iii) He shall not tamper with the prosecution evidence in any manner. In case of tampering the prosecution evidence by the petitioner, the prosecution is at liberty to move for cancellation of bail.
iv) He shall not threaten the complainant or any other witnesses during the course of trial.
v) He shall not indulge in similar type of activities.
vi) He shall mark his attendance on 1st of every month before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the trial is completed.
vii) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-