IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.4286 of 2019 BETWEEN:
RAVEESH @ RAVI, S/O. RAJASHEKARAPPA, AGED ABOUT 44 YEARS, RESIDING AT No.26, MANJULA BUILDING, BEHIND KTG COLLEGE, KTG ROAD, SRIGANDHANAGARA, HEGGANAHALLI, BANGALORE – 560 058.
PERMANENT RESIDENT OF MOSALE VILLAGE, JAVAGAL HOBLI, ARASIKERE TALUK, HASSAN DISTRICT – 573 125.
(BY SRI HARISH KUMAR M.C., ADVOCATE) AND:
STATE BY RAJAGOPALANAGARA POLICE, REPRESENTED BY PUBLIC PROSECUTOR (SPP), HIGH COURT, BANGALORE – 560 001. (BY SRI HONNAPPA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.260 of 2019 REGISTERED BY RAJAGOPAL NAGAR POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 109, 120(B) AND 302 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER Heard the learned counsel for the petitioner/accused No.3 and the learned High Court Government Pleader. Perused the entire charge-sheet papers. The charge sheet disclose that the Police have investigated the case and submitted the charge-sheet against accused Nos.1 to 6 for the offences under Sections 302, 212, 120-B read with Section 34 of IPC.
2. The brief facts of the case are that accused No.1- Kishore was having illicit intimacy with the wife of the deceased. It is alleged that the wife of the deceased by name Rupa has also developed some intimacy with another person Santhosh and there was rivalry between the said Santhosh and Kishore. It is also the case of the prosecution that the deceased Umesh has objected for the relationship between accused No.1-Kishore and Rupa, the wife of the deceased. In this context, accused No.1 had some grievance and motive against the deceased and in this context, it is the case of the prosecution that it was decided to do away with the life of the deceased.
3. In the abovesaid background, that on 12.05.2019, at about 10.00 p.m., the deceased was doing his work in the coffee shop and at that time, accused No.1 came along with this petitioner and others and started abusing the husband of Rupa and he in fact dragged him outside the said coffee shop and assaulted with a long on the deceased Umesh. The other accused persons particularly the petitioner and others have also assaulted the deceased with clubs and the deceased sustained bleeding injuries, and died at the spot. The said Kishore has threatened Rupa, the wife of the deceased with dire consequences stating that they have killed her husband and she can chose between Kishore and Santhosh and thereafter they went away from the spot. This particular incident has been seen by the witnesses CWs.2 and 3. They have categorically stated about the presence of this petitioner and accused No.1 with other accused persons. They also identified the accused persons after their arrest. Though they have not specifically mentioned their names at the initial stage, when the statement was recorded, they have identified the petitioner as one of the assailants of the deceased.
4. Looking to the abovesaid facts, when the eyewitness’ version is available and identification of the accused who is said to be the person who used the club for the purpose of assaulting the deceased is made, in my opinion, it is not the stage where the accused can be released on bail.
Hence, the petition being devoid of merit is liable to be dismissed and the same is accordingly dismissed.
Sd/- JUDGE mv