IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9624/2018 BETWEEN:
1. Ramkumar @ Ramu S/o Madesh Aged about 26 years R/at No.231, Ground Floor Slum Quarters, Old Building Amrutha Nagar College Road Kasavanahalli Main Road Benglauru.
2. Mohammed Nazaar @ Alla S/o Ammja Aged about 22 years R/at near Anjariya Masjid Near Yelahanka Ittige Factory Yelahanka, Bengaluru. ... Petitioners (By Sri. Devaraja P., Advocate) AND:
State of Karnataka By Bellanduru Police Station Represented by State Public Prosecutor High Court Building Bengaluru – 560 001. ... Respondent (By Sri. K. Nageshwarappa, Advocate) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in CR.No.2/2018 (S.C.No.904/2018) of Bellanduru Police Station, Bengaluru for the offence punishable under Section 143, 147, 148, 302 read with 149 of IPC.
This Criminal Petition is coming on for Orders, this day, the court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C praying to release them on bail in CR.No.2/2018 (S.C.No.904/2018) of Bellanduru Police Station, Bengaluru for the offences punishable under Sections 143, 147, 148, 302 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 31.12.2017, New Year party celebration was going on at Mariyamma Temple. At that time, accused No.3 challenged the deceased to show his power with them and a quarrel took place between him, accused No.3 and other accused. After this incident deceased went back to his house along with the complainant at midnight. Thereafter, all the 11 accused persons have come to the house of deceased armed with deadly weapons. On seeing them, the deceased ran inside and to protect himself got a pestle, then accused No.1 stabbed on the neck of the deceased, accused No.2 stabbed with knife on the chest of the deceased and when he fell down, petitioner and other accused persons stabbed him with knives and dragger. On the basis of the complaint, a case has been registered.
4. It is the specific contention of learned counsel for the petitioners/accused Nos.1 and 2 that the complainant and deceased are friends. When New Year party celebration was going on, the alleged incident has taken place at about intervening night of 31.12.2017 and 01.01.2018. There will not be any chance of eye witnesses being present and therefore, complaint itself is doubtful and suspicious. It is further submitted that accused No.3 who has challenged to show the power of deceased and as such he is the main accused. But already accused No.3 has been released on bail. It is his further submission that accused Nos.3 to 5 have already been released by this Court and on the ground of parity, the petitioners/accused Nos.1 and 2 are also entitled to be released on bail. Already charge sheet has been filed and the said petitioners are not required for the purpose of further investigation or interrogation. They are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and release the petitioners on bail.
5. Learned counsel for the respondent-State
assaulted the deceased and stabbed on the neck and chest and as a result of the same, he died. Even the post mortem report also clearly goes to show that death is due to shock and hemorrhage, as multiple stab injuries sustained. It is his further submission that as many as 16 injuries have been suffered by the deceased and the petitioners/accused Nos.1 and 2 have committed the heinous offence which is punishable with death or imprisonment for life. It is further submitted that the remaining accused persons have been enlarged on bail as there are no specific overt acts have been alleged. If the petitioners are released on bail, they may tamper with the prosecution evidence and they may not be available for the investigation. On these grounds, he prayed to dismiss the petition.
6. I have cautiously and carefully gone through the contents of the complaint and submission made by the learned counsel for both the parties and perused the record.
7. On close reading of the complaint, the specific allegation in the complaint as well as charge sheet material is that accused No.1 has assaulted on the neck of the deceased and accused No.2 has assaulted on the chest of the deceased and there are specific overt acts as against petitioners/accused Nos.1 and 2. Though other accused persons have been enlarged on bail, by the order passed by this Court in Crl.P.Nos.6891/2018 c/w 6892/2018, wherein at paragraph No.5 it has been observed that the allegations against other accused persons are general allegations. But specific allegations have been made in respect of accused Nos.1 and 2 and there are eye witnesses to the alleged incident and serious overt acts have been alleged as against the petitioners/accused Nos.1 and 2. Under such circumstances, it is not a fit case to release accused Nos.1 and 2 on bail.
Hence, the petition stands dismissed.
NR/-
Sd/- JUDGE