IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.4864/2019 BETWEEN:
Rajesh @ Raju S/o Yellappa Aged about 27 years Occ: Real Estate R/o. Hilhalage Village Attibele Hobli, Anekal Taluk, Bengaluru Rural District-562 106.
(By Sri Manjunath G., Advocate) AND:
State of Karnataka by Suryanagar Police Bengaluru Rural District-562 106, …Petitioner Represented by learned State Public Prosecutor, High Court of Karnataka Bengaluru-560 001.
…Respondent (By Sri K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.201/2017 of Suryanagar Police Station, Bengaluru Rural, for the offences punishable under Sections 143, 147, 148, 120-B, 302 and 341 r/w. Section 149 of IPC and Section 3(2)(5) SC/ST (POA) Act, 1989.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R This petition has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.201/2017 of Suryanagar Police Station for the offences punishable under Sections 143, 147, 148, 120-B, 302, 341 r/w 149 of IPC and Section 3(2)(5) of SC/ST (POA) Act, 1989.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.
3. The case of the prosecution is that a complaint was lodged on 31.05.2017 stating that the deceased had returned back home after distributing wedding cards at about 8.00 p.m. and subsequently, it is stated that the deceased had gone out. At about 8.45 p.m. it is stated that the complainant’s brother-in-law informed him that the deceased had suffered head injuries. Later, when they reached near Hilalige Gate, they noticed that the deceased was stabbed. Despite medical treatment he succumbed to injuries and died. On the basis of the information, a complaint was lodged and FIR came to be registered in Crime No.201/2017 for the offences punishable under Sections 143, 147, 148, 341, 302, 120(B) read with Section 149 of IPC.
4. It is the submission of the learned counsel for the petitioner/accused that though CWs.3 to 8 have been cited as an eyewitnesses, when a remand application has been filed on 2.6.2017 and 6.6.2017, there is no mention of name about the said eyewitnesses, the statement has been recorded only on 2.6.2017 belatedly. That itself shows that the said witnesses have been planted by the prosecution. It is his further submission that CW8 in his evidence has not stated the presence of the accused and even his statement shows that there is no implication of the petitioner/accused. Even the complaint also discloses the fact that the said information has been received from one Sri.Jagadish and Jagadish has also heard the said information from some other person and those material witnesses have not been examined by the Investigating Officer for the reason best known to him. It is his further submission that already accused Nos.2 and 4 have been released on bail by this Court and on the ground of parity the petitioner/accused is also entitled to be released on bail. Since two years he is languishing in jail and he is not required for the purpose of investigation or interrogation. On these grounds he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that PWs.2 to 8 are the eyewitnesses to the alleged incident. They have categorically stated the overt acts of each of the accused persons. It is his further submission that it is accused No.1 who assaulted the accused and caused the death. It is his further submission that because of previous animosity the alleged incident has taken place. It is his further submission that if the petitioner/accused is enlarged on bail he may tamper with the prosecution evidence. It is his further submission that earlier petition by the present accused has been dismissed. There are no changed circumstances. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other material which has been produced along with the petition.
7. Though this Court dismissed the petition filed by the petitioner/accused No.1 on 26.9.2018, subsequently on 24.6.2019 accused Nos.2 and 4 have been released on bail. On the ground of parity, the petitioner/accused No.1 is before this Court under the changed circumstances. It is noticed from the record that though CWs.3 to 8 have been cited as an eyewitnesses, their statement has been recorded on 2.6.2017 though the alleged incident has taken place on 31.5.2017, there statement has been recorded belatedly. That itself creates a doubt and the overt act said to have been alleged by the said witnesses is also not reliable and doubtful.
8. Under the said facts and circumstances that too, already charge sheet has been filed and the petitioner/accused is not required for the purpose of further investigation or interrogation and on the ground of parity the petitioner/accused No.1 is also entitled to be released on bail.
9. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail in Crime No.201/2017 of Suryanagar Police Station for the offences punishable under Sections 143, 147, 148, 120-B, 302, 341 r/w 149 of IPC and Section 3(2)(5) of SC/ST (POA) Act, 1989, subject to the following conditions:
i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall co-operate and attend the Court on all dates of hearing.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall mark his attendance in the jurisdictional police on first of every month between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE *AP/-