IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6519/2018 Between:
Rohith M., S/o late Manjunath, Aged about 25 years, No.16, House of Uday, Anjaneya Temple, 9th Cross, Agrahara Dasarahalli, Bengaluru – 560 079. ...Petitioner (By Sri.Mohan Kumara D., Advocate) And:
Magadi Road Police Station, T.Narasipura, Represented by Government Pleader, High Court Building, Bangalore – 560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.306/2017 (S.C.No.712/2018) of Magadi Road Police Station, Bangalore City for the offence punishable under Section 302 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 under Section 439 of Cr.P.C. to release him on bail in Crime No.306/2017 (S.C.No.712/2018) of Magadi Road Police Station for the offence punishable under Section 302 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that the Rohith.M and deceased-Chethankumar are relatives and chethankumar was working in a flower shop which belongs to one of his relative (brother-in-law) during the day time and in night hours, he used to sleep in flower shop or at Dasarahalli, Jai Munirao circle. Four to Five days prior to the alleged incident which took place in respect of putting banner for birthday celebration, there was some dispute between the deceased and accused, at that time the accused by chasing the deceased tried to assault him. In that light, on 27/12/2017 at about 8.30 to 8.45 a.m., accused and the deceased started quarreling and at that time, the accused assaulted the deceased by using deadly weapon like dragger, as a result, the deceased succumbed to grievous injuries on the spot. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for the petitioner/accused that the accused was a businessman and the deceased is a relative to him. He was not having any intention to cause death and he has not assaulted the deceased on any vital part of his body. He further submitted that the deceased often used to come and demand money from accused and on the date of the alleged incident, the deceased came and demanded for Rs.10,000/- and in that heat of moment, the alleged incident has taken place. It is his further submission that already a charge-sheet has been filed and the petitioner/accused is required for the purpose of investigation. Even the eye witnesses have stated that the injuries caused to the deceased is not on the vital part of his body. He further submitted that the petitioner/accused is ready to abide by any conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there are five eye witnesses to the alleged incident and the alleged incident has taken place in a public place and deceased has succumbed to severe injuries and even the weapon has also been recovered at the instance of accused by drawing a mahazar. There is ample material to show that the accused has committed a serious offence. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition.
7. It is the submission of the learned counsel for the petitioner that the deceased and the accused are relatives and the alleged incident has taken place in a spur of moment and there was no intention to cause the death and the records also clearly goes to show that the deceased has demanded an amount of Rs.10,000/- from the petitioner. He also contended that Court should not go deep into the merits of the material and prima-facie it is seen that accused is entitled to be released on bail. No doubt, the said submission holds good only when a case is heard and decided on merits. But as could be seen from the charge-sheet, there are eye witnesses and the alleged incident has taken place in a public place in a spur of moment, due to this, the deceased has succumbed to grievous injuries on the spot and the alleged offence is punishable under death or imprisonment for life. Under such facts and circumstances, I feel it is not a fit case to release accused/petitioner on bail. Hence, the petition stands dismissed.
The trial Court is directed to expedite the trial.
Sd/- JUDGE SMJ