IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9081/2018 BETWEEN:
Raju @ Dagar Raju S/o. Subramani Aged about 31 years, Resident at MGR Layout Roopena Agrahara Bangalore City Karnataka PIN-560 068. ...Petitioner (By Sri Ranganath Reddy R, Advocate) AND:
State by Electronic City Police Station Bangalore City Represented by The State Public Prosecutor High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri.M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.233/2016 (S.C.No.136/2016) of Electronic City Police Station, Bangalore for the offences punishable under Sections 143, 144, 145, 146, 147, 148, 307, 302, 120B read with Section 149 of IPC.
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. praying this Court to release him on bail in Crime No.233/2016 of Electronic City Police Station for the offences punishable under Sections 143, 144, 145, 146, 147, 148, 307, 302, 120B read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The genesis of the complaint is that the accused Nos.1, 2 and 3 are relatives and they are residing at Hulimavu. Because of enmity in finance business, deceased assaulted accused No.1 during the year 2016 and a case was registered in this behalf in Madivala Police Station. Accused No.1 has received credible information that the deceased will be released on bail on 27.04.2016 and they hatched a plan and by constituting unlawful assembly, on 28.04.2016 at about 10.45 a.m. CW1 went in his Suzuki Access bearing No.KA-3K-7038 had picked up the deceased and traveled towards Hosur road. At that time, accused Nos.13, 14 and 6 followed him and rest of the accused persons were also followed the deceased. When the deceased stopped his bike near toll opposite to Nice road, the accused persons went and barged the two wheeler belonging to CW1 with Alto car and thereafter, they assaulted the deceased with deadly weapons and when the deceased started running and jumped the compound and was escaping in an empty place, accused Nos.8, 9 and 11 chased and accused Nos.1, 2, 3, 4, 5, 6, 7, 10 and 12 also chased and accused No.1 assaulted first with sickle on the head region. As a result of the same, the deceased sustained grievous injuries and rest of the accused persons assaulted with deadly weapons for which the deceased collapsed and breathed his last. On the basis of which, a complaint has been registered.
4. It is the submission of the learned counsel for the petitioner/accused No.1 that already the charge sheet has been filed and CWs1 to 5 have been examined and they have not supported the case of prosecution and treated as hostile. He further submitted that though witnesses have been examined, no property have been received by the Court below. He further submitted that even FSL report has also not received by the Court below. There is no likelihood of the filing of the case within a short time. He further submitted that though CW.2 is an eye witness to the alleged incident, the Court below has declared the said witness as proclaimed witness as whereabouts of the said witness was not available. He further submitted that petitioner/accused No.1 is also suffering with kidney problem and Retractile Testis and needs to undergo surgery. It is further submitted that the petitioner is immediately required to be attend a surgery which has to be conducted for the said ailment. He further submitted that if petitioner is not released on bail, it is very difficult for him to undergo surgery. He is ready to abide by any conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner/accused No.1 has assaulted with sickle on vital part of the body and there are many circumstances to point out the guilt of the petitioner. He further submitted that recovery witness has also pointed out the guilt of the accused. He further submitted that already petitioner was taken to Victoria hospital, Bengaluru and has got treatment. No further surgery is required and if the petitioner/accused No.1 is released on bail, as he is the main accused, he may tamper with the prosecution witness and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through submission made by the learned counsel for the parties and perused the records.
7. Though it is contended by the learned counsel for the petitioner that already CWs.1 to 5 have been examined and out of them CW1 who is complainant eye witness and other witnesses who have supported the case of the prosecution have been treated as hostile. The same may be considered to release petitioner/accused No.1 on bail. But as could be seen from the charge sheet materials, many more witnesses have to be examined. Hence, I feel it is not just and proper to take that aspect to release the petitioner on bail. However, it is the specific contention of the learned counsel for the petitioner that accused No.1 is suffering with kidney problem and Retractile Testis and needs to undergo surgery and he also required to attend surgery immediately with proper hospital. Even the requisition which has been sent by the PSI of Electronic City Police Station clearly goes to show that earlier the petitioner herein was in judicial custody and he was taken to Victoria hospital and got admitted as inpatient at I.P. No.123484 and treated, wherein it has been suggested that he required to undergo surgery and a report has also been submitted in this petition. Under the said facts and circumstances, I feel that petitioner/accused No.1 can be released on bail for a limited purpose to undergo surgery, which he immediately requires. In that light, petitioner/accused No.1 is ordered to be released on bail for a limited period of three months from the date of the release in Crime No.233/2016 of Electronic City Police Station for the offences punishable under Sections 143, 144, 145, 146, 147, 148, 307, 302, 120B read with Section 149 of IPC subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Jurisdictional Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall not threaten the witnesses while he is on bail.
5. He shall not indulge in similar type of criminal activities.
6. Immediately after three months, he shall surrender back to the judicial custody.
Sd/- JUDGE nms