IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.7602/2018 BETWEEN:
RAMESH @ KULLI @ KULLIRAVI S/O. KRISHNAMURTHY NAIDU @ KRISHNAPPA AGED ABOUT 31 YEARS R/O. NO.77, 1ST MAIN ROAD 3RD CROSS, M.G.HATS, SHANKARAMATHA BANGALORE - 91 …PETITIONER (BY SRI. SYED AKBAR PASHA, ADVOCATE (ABSENT)) AND:
STATE BY BASAVESHVARA NAGAR POLICE BENGALURU R/P BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560001 …RESPONDENT (BY SMT. B.G.NAMITHA MAHESH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.510/2005 (S.C.NO.929/2011) OF BASAVESHWARA NAGAR P.S., BANGALORE FOR THE OFFENCE P/U/S 143, 147, 307 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner- accused No.3 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.510/2005 of Basaveshwaranagar Police Station, Bengaluru City, for the offences punishable under Sections 143, 147 and 307 r/w 149 of IPC.
2. The gist of the complaint reads as under:-
On 08.12.2005 at about 3:15 p.m. when the complainant and CW.2-Raju were getting the Auto Rickshaw repaired at Basaveshwara Giddu Auto Garage, at that time, the accused persons because of previous enmity with the complainant and with an intention to cause his death by holding deadly weapons came near the garage, abused the complainant and assaulted the complainant and when he tried to escape from them, the blow which was given by the accused it fell on the right ear of the complainant and as such, he has sustained grievous injury and accused No.3 assaulted CW.1 by long and on the right arm. It is further alleged that when the complainant was running to escape from the clutches of the accused, at that time, accused Nos.4, 5 and 6 chased him, assaulted him and the complainant escaped in an auto-rickshaw. Thereafter, he went to the hospital for treatment and then he lodged the complaint.
3. I have heard learned High Court Government Pleader for respondent-State. Learned counsel for the petitioner is not present.
4. It is contended in the petition that the petitioner-accused No.3 has not committed any offence as alleged. The injuries suffered by the complainant are not grievous in nature and he has already been discharged from the hospital and now he is out of danger. It is further submitted that a split-up case has been registered against the present petitioner. But the split-up case registered against accused Nos.1, 2, 4, 5 and 6 has been concluded and they have been acquitted of the charges leveled against them. Under these circumstances, continuation of accused in custody is not necessary. He is ready to abide by the terms and conditions to be imposed by this Court and to offer sureties. On these grounds, he prayed to allow the petition and release the petitioner-accused on bail.
5. Per Contra, the learned High Court Government Pleader vehemently argued and contended that the accused-petitioner has assaulted the injured with long and caused grievous injuries. If the accused-
petitioner is released on bail, he may abscond and may not be available for the trial. Thus, she prays for dismissal of the petition.
6. I have carefully and cautiously gone through the material made available in this behalf and it discloses the fact that already a split-up case was registered against some of the accused and in the said case accused Nos.1, 2, 4, 5 and 6 have been acquitted of the charges leveled against them and the present split-up case is arising out of same crime. The alleged offence is not punishable with death or imprisonment for life. The only apprehension of the learned High Court Government Pleader is that if the accused/petitioner is ordered to be released on bail, he may tamper with the prosecution witnesses and he may not be available for trial and may abscond. The same can be protected by imposing some stringent conditions.
7. In that light, the Criminal Petition is allowed and the petitioner-accused No.3 is ordered to be released on bail in S.C.No.929/2011 (Crime No.510/2005 of Basaweshwaranagar Police Station, Bengaluru City), which is pending on the file of LXI Additional City Civil and Sessions Judge, Bengaluru City, for the offences punishable under Sections 143, 147 & 307 r/w 149 of IPC, if he is not required in any other case subject to following conditions:-
1. The accused-petitioner 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 trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall be regular in attending the Court.
4. He shall not indulge in similar type of criminal activities.
5. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the trial is concluded.
3. He shall not leave the jurisdiction of the Court without prior permission from the Jurisdictional Court.
Sd/- JUDGE HJ