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.3009 of 2019 BETWEEN:
ROSHAN JACOB OOMMEN, S/O. DR. BABU OOMMEN THIMAS, AGED ABOUT 33 YEARS, RESIDENT OF EAGLE NEST ESTATE, POKALTHODE, HUDIKERI HOBLI, SRIMANGALA NAD, BELLUR, HYSODLUR, VIRAJPET TALUK, KODAGU DISTRICT - 571 249.
(BY SRI S. RAJASHEKAR, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY PONNAMPET POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001.
(BY SRI K.P. YOGANNA, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.No.18 of 2019 OF PONNAMPET POLICE STATION, KODAGU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 341, 504, 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING: -
ORDER Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records.
2. The brief facts are that on 13.02.2019, at about 7.00 p.m. the complainant V.P.Pakkar and Sojana Jharaja, who are working as Writer and Manager respectively in Abraham’s Coffee Estate were going to meet their owner after having tea in Kamali’s hotel and when they reached near Indian Oil Petrol Bunk, at about 7.15 p.m., the accused-Roshan Jacob Oomen came from behind and started quarreling with the complainant and the Manager. In this context, when the complainant questioned the accused as to why he is blaspheming or abusing the Manager, the accused took out a knife and stabbed on the lower part of the stomach of the Manager and caused severe injuries to him. Thereafter, the injured was admitted to the hospital and took treatment.
3. Learned counsel for the petitioner has produced various documents before the Court to show that there is a longstanding dispute between the complainant V.P.Pakkar and the petitioner-accused herein. Several suits and private complaints are also pending against each other. It is contended that the injured is also one of the servants working in Abrahams’s Coffee Estate in Hooduru village along with the said complainant V.P.Pakkar. Therefore, there are chances of all the three implicating the petitioner to the crime.
4. Looking to the above said facts and circumstances, though there are certain circumstances to show that there are several litigations pending between the parties, the fact remains that the injured has suffered injuries to his stomach and he was admitted to the Hospital on the date of the incident i.e. on 13.02.2019 and he was in the Hospital for seven days and discharged on 20.02.2019. The Doctor has opined after diagnosing that he has suffered haemoperitoneum with bowel injury with mesenteric tear following penetrating injury abdomen secondary to stab. This certainly tallies with the allegations made against the petitioner. Though the injured has already been discharged, the knife which has been used for the commission of the offence has to be recovered at the instance of the accused. It is too premature stage to come to any conclusion with regard to the allegations made against each other whether the said allegations between the parties are genuine to draw inference that a false implication has been made, which can only be considered by this Court after complete investigation by the Police. Therefore, in the facts and circumstances of the case, considering the nature of allegations and also the fact that the injured was there in the hospital for seven days and the fact that the investigation is not yet complete, custodial investigation is necessary for recovery of the incriminating articles at the instance of the petitioner.
5. In the above said circumstances, this is not a fit case to enlarge the petitioner-accused on bail. Therefore, the petition being devoid of merit is liable to be dismissed and is accordingly dismissed.
However, immediately after his surrender, if he makes an application for grant of regular bail, the same shall be considered as expeditiously as possible by the concerned Court without unnecessary delay.
Sd/- JUDGE mv