IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6094 OF 2019 BETWEEN:
SAGAR T @ CAYTU @ SAGAR GOWDA S/O THAMMEGOWDA AGED ABOUT 20 YEARS R/AT. No.51/1A C/O NARASIMHAIAH HOUSE SIDE OF DURGA BAKERY ROAD NEAR GANESHA TEMPLE 5TH MAIN ROAD, ASHWATHKATTE ROAD KASTURIBA NAGAR, MYSURU ROAD BENGALURU-560026.
(BY SRI. B. ANAND, ADV.) AND:
STATE OF KARNATAKA PARAPPANA AGRAHARA POLICE BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.
(BY SRI. ROHITH B.J. 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.70/2019 of Parappana Agrahara P.S. Bengaluru City for the offence P/U/S 307 R/W 34 of IPC.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.3 in Crime No.70/2019 of Parappana Agrahara Police Station for the offence punishable under Section 307 of IPC.
3. Brief facts of the case are that on 23.03.2019, between 11.45 PM to 12 PM, in the night hours, when the complainant and one Praveen were proceeding by walk near Government School, Axis Bank ATM, Kudlu Main Road, at that time four persons came in two motor cycles and two persons were waiting on the motor cycle at a distance and other two persons came near complainant and Praveen and picked up quarrel with complainant and his friend. Immediately, one accused person who was holding a knife assaulted the complainant on his stomach and another accused who was also holding a knife assaulted on the back of the complainant. Thereafter, they went away from the spot on their motor cycles. The above said factual aspect discloses that two persons were waiting in their motor cycle at some distance and two persons who were holding knifes came to the complainant and assaulted.
4. During the course of investigation, the respondent-Police has to find out as per the submission made by the learned HCGP that, it is the accused Nos. 1 and 4 who were holding the knifes and assaulted the complainant or the accused Nos. 2 and 3 who were waiting at the distance for accused Nos. 1 and 4 in their motor cycle. The above said factual aspect creates a serious doubt at this stage that whether this petitioner was also having any common intention of assaulting the victim and knew that the other accused persons would cause bodily injury to the complainant which may amount to an offence under Section 307 of IPC or not. The common intention of the petitioner- accused No.3 has to be established during the course of full fledged trial and the knowledge of the petitioner with regard to the act of the other accused persons also to be established during the course of trial. Therefore, considering the nature of allegations and facts of the case, though the petitioner was actually not participated in quarreling or assaulting the complainant, in my opinion, the petitioner is entitled to be enlarged on bail, though he was absconding since long but it will facilitate the Investigating Agency and the trial Court to proceed with the matter expeditiously. The learned HCGP submits that charge-sheet has been filed, showing the petitioner as absconding accused and the Court has also issued warrant against this petitioner. Looking to the above stated facts and circumstances of the case, the petition has to be allowed. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.70/2019 of Parappana Agrahara Police Station for the offence under Section 307 read with Section 34 of IPC, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Investigating Officer without prior permission, till the case against him is disposed of.
V) The petitioner shall mark his attendance once in a week i.e, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE RV