IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.9238/2018 BETWEEN:
Sai Kumar alias Suresh alias Kallpalya Suri S/o Nagalingaiah Aged about 30 years Resident of No.28, Kallupalya Kithanamangala Post Kasaba Hobli, Kunigal Taluk Tumakuru-572 120.
(By Sri C.N.Raju, Advocate) AND:
State of Karnataka by Byadarahalli Police Station Ramanagara District Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Petitioner …Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.543/2018 of Byadarahalli Police Station, Ramanagara District, for the offences punishable under Sections 143, 147, 148, 149 and 307 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.543/2018 of Byadarahalli Police Station for the offences punishable under Sections 143, 147, 148, 149 and 307 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that the complainant is having younger brother by name Dinesh and he was owning a lorry and transporting jelly stones. On 26.09.2018 at about 8.30 p.m. his younger brother Dinesh had gone to Gowda’s hotel in Gollarahatti and there a quarrel took place between his younger brother Dinesh and accused No.1 with regard to supply of food. On 27.09.2018 at about 9.00 p.m. accused No.1 asked his younger brother to come to Gowda’s hotel. Accordingly, complainant and his younger brother went there, at that time accused No.1 started quarreling and the rest of the accused sprayed and came to stab the complainant with dagger. The complainant held up his hand and he suffered bleeding injury to the middle finger of the left hand, thereafter accused No.1 stabbed the younger brother of the complainant on his chest, thigh and other parts and as a result of the same he suffered with serious injuries.
4. It is the submission of the learned counsel for the petitioner/accused that a false case has been registered against the petitioner/accused. Already accused Nos.2, 3 and 4 have been released on bail, the injured has suffered with simple injuries and he has been discharged from the hospital and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioner/accused is involved in a serious offence and the investigating officer has seized the dagger, lethal weapon and other articles. The petitioner/accused was absconding and he tried to escape when the police tried to arrest, at that time accused assaulted the police and again the accused has been apprehended and now in this case he has been taken to judicial custody. She further submitted that the police have fired towards the petitioner/accused No.1 and he suffered injury to his leg when he was trying to run away in this case. In this behalf a case has also been registered under Sections 353, 332 and 307 of IPC. If the petitioner/accused is enlarged on bail, again he may abscond and he may not be available for the trial. On these grounds she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the contents of the complaint and other material the complainant has specifically stated that accused No.1 asked his brother-in- law to come near the hotel and both complainant and the injured went there, because of the previous animosity petitioner/accused assaulted with dagger and thereby caused the injuries.
8. Be that as it may. It is the specific submission of the learned High Court Government Pleader that petitioner/accused was absconding when police officials tried to apprehend him when he assaulted the police and tried to run away and at that time the police shot him and he suffered injuries and in this behalf a case has been registered in Crime No.285/2018 under Sections 353, 332, 307 of Indian Penal Code. The antecedents of the petitioner/accused are not good, when he has tried to assault the police officials, they went for the purpose of apprehending him. Then under such circumstances, I feel that he is not entitled to be released on bail till the charge sheet is filed.
With the above observation, the petition stands dismissed. However, liberty is given to the petitioner/accused No.1 to file the bail application after the charge sheet is filed.
Sd/- JUDGE *AP/-