IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3076/2019 BETWEEN:
Rohith M S/o. Late Manjunath Aged about 25 years R/at No.16, House of Uday Anjaneya Temple, 9th Cross Agrahara Dasarahalli Bangalore – 560 046. ... Petitioner (By Sri Hasmath Pasha, Senior Advocate for Sri Syed Muzakkir Ahmed, Advocate) AND:
State of Karnataka By Magadi Road Police Station Bangalore – 560 033.
Represented by Learned State Public Prosecutor, High Court of Karnataka Bangalore – 560 001. ... Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.306/2017 of Magadi Road Police Station, Bengaluru 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 petitioner has sought to be enlarged on bail under Section 439 of Cr.P.C. in connection with his detention in S.C.No.712/2018 pending on the file of the LXIV Additional City Civil and Sessions Judge, Bengaluru with respect to the offence alleged to have been committed under Section 302 of Indian Penal Code.
2. The facts made out in the complaint was that the petitioner had entered into fight with the deceased Chetan Kumar and the deceased succumbed to the injuries and died. It is stated that when the complainant received a telephone call from CW-7, proceeded to the spot and deceased Chetan Kumar was lying on the road and he was bleeding from his leg. Pursuant to investigation, petitioner was arrested on 27.12.2017 and has remained in custody since then. It is noted that charge sheet has been filed on 03.03.2018 and investigation is completed and trial has also progressed. On an earlier occasion, this Court had rejected the petition filed by the petitioner in Criminal Petition No.3726/2018 filed under Section 439 of Cr.P.C. by its order dated 28.06.2018. Subsequent to rejection of the said petition, the petitioner had approached the Sessions Court and the application filed by him has come to be rejected by order dated 08.04.2019.
3. The petitioner contends that the deceased was a rowdy sheeter and he was into extortion from many people including the petitioner and the petitioner was subjected to harassment by the said deceased. It is further submitted that the rejection of Criminal Petition No.3726/2018 was at the stage when the trial had not commenced. Hence taking note of the fact that the trial has reached an advanced stage and witnesses CWs-1 to 6, 8 to 13, 15 to 19 and 26 have been examined and all the said witnesses have turned hostile, it is a fit case to enlarge the petitioner on bail. It is further submitted that no serious efforts have been made to secure the presence of CWs-7 and 14 by the prosecution which would result in delaying the trial and no purpose would be served by keeping the petitioner in custody.
4. It is to be noted that the Sessions Court has rejected the bail application of the petitioner by order dated 08.04.2019 observing that there were some more witnesses who were required to be examined and that, releasing the petitioner on bail at this stage would hamper trial. It is also observed that the prima-facie case was made out as against the petitioner as regards commission of offence under Section 302 of IPC.
5. Having heard the learned counsel on both the sides, it is to be noted that investigation is now at an advanced stage. The private witnesses CWs-1 to 6, 8 to 13, 15 to 19 have been examined and have turned hostile except CW-7 and CW-14. The other witnesses are official witnesses.
6. Taking note of the fact that the petitioner has been in judicial custody from 27.12.2017 and also that substantial part of the evidence being completed and many of the material evidences have turned hostile it would be appropriate to release the petitioner on bail.
7. It is also to be noted that deceased is a rowdy sheeter. Further the proceedings in bail petition cannot be treated as a punishment for the offence said to have been committed. Taking note that accused is presumed to be innocent until proven guilty, the petitioner is enlarged on bail, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `2,00,000/- (Rupees Two Lakhs only) with a surety for the likesum to the satisfaction of the trial court.
(ii) The petitioner shall not tamper the prosecution witnesses. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so far as the dissuade him from disclosing such facts to the Court or any Police Officer.
(iii) The petitioner shall not indulge in any criminal activities henceforth.
(iv) If the petitioner violates any of the aforementioned conditions, the bail order shall automatically stand cancelled.
Accordingly, the petition is allowed.
KA/KLV Sd/- JUDGE