IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2300/2019 BETWEEN:
1. Rajesh M @ Prathapa @ Kirana @ Praveena @ Swamy S/o. Mukundegowda, Aged about 35 years, R/at Rent House of Kusumashetty, Udayanagara, Melinapete, Koppa Town and Taluk, Chikkamagaluru District. PIN – 725 602. Present at:
Veerabhadreshwara Nilaya, 3rd Cross, Indiranagar, Koppa Town and Taluk Chikkamagaluru District.
PIN – 725 602.
2. Nandan Kumar K.R. @ Nandan @ Nandu, S/o. Raghuchandra, Aged about 28 years, R/at Kusagallu Village, Hanthavani Post, Narasimharajapura Taluk, Chikkamagaluru District.
PIN – 725 602. ... Petitioners (By Sri. Basavaraju T.A., Advocate) AND:
State of Karnataka, By Annapurneshwarinagar Police, High Court of Karnataka, at Bengaluru – 560 001. (Represented by learned State Public Prosecutor). ... Respondent (By Sri. S. Rachaiah, HCGP) 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.399/2018 (C.C.No.4880/2019) of Annapoorneshwarinagar Police Station, Bengaluru City for the offences punishable under Sections 353, 332, 307 read with Section 34 of Indian Penal Code.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Learned counsel for the petitioner No.2 files a memo dated 27.05.2019 stating that petitioner No.2 has been granted bail by the learned Sessions Court and hence, he does not press the petition as regards petitioner No.2.
2. Accordingly, the petition insofar as petitioner No.2 is dismissed.
3. The petitioners have filed the application under Section 439 of Cr.P.C., and sought to be enlarged on bail in the proceedings pending in C.C.No.4880/2019 of Annapoorneshwarinagar Police Station, Bengaluru City.
4. The complaint states that the complainant, who is a Police official had stated that when they tried to stop the vehicle in which the petitioner No.1 and other accused were traveling, on the basis of credible information received, the driver of the Ford Icon Car refused to stop and subsequently, when the complainant managed to stop the vehicle and asked the accused to surrender, accused No.1 is stated to have caused injury to the complainant by a dagger. Petitioner No.1 along with other accused have been taken into custody and petitioner No.1 has been in custody since 09.12.2018.
5. It is the case of the prosecution that petitioner No.1 was required in other case Crime No. 242 of 2018 and the present incident took place when petitioner No.1 was sought to be secured for the purpose of investigation as regards the aforesaid case. Based on thecomplaint, the FIR has been registered against petitioner No.1 and other accused for the offences punishable under Sections 395, 397, 120B read with Section 149 of IPC.
6. Petitioner No.1 states that though the offence made out is the one under Section 307 of IPC, the wound certificate reveals that the nature of injury caused is simple in nature and hence, states that the case as made out against petitioner No.1 is not borne out from the evidence available.
7. It is submitted that by the learned counsel of the petitioners that accused Nos.2 and 4 have been enlarged on bail by virtue of the order passed by the learned Sessions Court. It is also stated that accused No.1 is not placed dissimilarly as compared to the other accused who have been enlarged on bail. Petitioner No.1 states that he would abide by any of the conditions and ensure that he would co-operate with the trial. It is also stated that the investigation is complete and the charge sheet is filed.
8. Taking note of the fact that the charge sheet has been filed, investigation is completed and complainant is a police official It would be appropriate to enlarge petitioner no. 1 on bail. Except for the involvement of petitioner No.1 in the offence with respect to the Crime No.242/2018, there are no criminal antecedents as asserted by the petitioner, which is not controverted. The alleged offences are not punishable wit death or life imprisonment.
9. It is to be noted that the proceedings in bail cannot be construed to be one for punishing the accused. Hence, it would be appropriate to enlarge petitioner No.1 on bail, subject to the following conditions:-
(i) Petitioner No.1 shall execute a personal bond for a sum of `1,00,000/- (Rupees one Lakh only) with a surety for the likesum to the satisfaction of the concerned Court where the case in Crime No.399/2018 of Annapoorneshwarinagar Police Station is pending.
(ii) Petitioner No.1 shall co-operate with the trial and shall ensure that he would attend the Court on all dates.
(iii) Petitioner No.1 shall mark his attendance before the SHO once in fifteen days between 10.00 a.m. to 5.00 p.m. at Chikkamagaluru Police Station till the conclusion of the trial.
(iv) Petitioner No.1 shall not indulge in any criminal activities henceforth.
(v) If Petitioner No.1 violates any of the aforementioned conditions, the bail order shall automatically stand cancelled.
Accordingly, this criminal petition is disposed of.
Sd/- JUDGE SJK