IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.3176/2019 BETWEEN:
Saleem @ Saleem Basha S/o late Khadar Sab Aged 39 years R/at 1st Main, 12th Cross Vinobanagara Davanagere – 577 003. ... Petitioner (By Sri. Rudrappa P., Advocate) AND:
State of Karnataka By Harihara Rural Police Station Davanagere District Davanagere – 577 003.
Represented by State Public Prosecutor High Court Building Bengaluru – 560 001. ... Respondent (By Sri. K. Nageshwarappa, Advocate) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in CR.No.145/2017 of Harihara Rural Police Station, Davanagere for the offence punishable under Sections 302 read with Section 34 of IPC.
This Criminal Petition is 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 praying to release him on bail in CR.No.14/2017 of Harihara Rural Police Station, Davanagere for the offences punishable under Section 302 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that the deceased was running rice business. The petitioner- accused No.1 and other accused persons were also dealing in rice business and as per the case of the prosecution, the shop of the deceased was raided by authorities and he was suspecting the involvement of accused No.1 and other accused persons in the said raid. On 25.07.2017, accused Nos.1 and 2 along with other accused persons took the deceased with them in Indica Car bearing No.KA-23-M-5911 and thereafter, the deceased was taken to a coconut groove of one B.Kalpanahalli and through the accused persons assaulted the deceased with coconut fronds and thereafter, they threw his body on National Highway No.4.
4. On the basis of the complaint, a case has been registered in Crime No.145/2017 against accused no.1/petitioner for the offence punishable under Sections 302, 201 read with Section 34 of IPC.
5. It is the submission of learned counsel for the petitioner/accused No.1 that already charge sheet has been filed and only on the say of other persons present petitioner has been arrayed as accused No.1. It is his further submission that nobody has seen the accused and the deceased going in a car. He further submitted that already other accused persons have been released on bail. On the ground of parity, the petitioner/accused No.1 is also entitled to be released on bail. He further submitted that already charge has been framed and accused No.1 is languishing in jail since 01.08.2017. He further submitted that the marriage of the daughter has been fixed on 18.08.2019 at Davanagere and he intends to attend the marriage of his daughter. On these grounds, he prayed to allow the petition and release him on bail.
6. Per contra, learned High Court Government Pleader for the respondent-State vehemently argued and submitted that already, this Court, by its order dated 17.09.2018, after discussing in detail has come to the conclusion that there is a prima-facie material as against petitioner/accused No.1 and the said petition has been dismissed. There are no changed circumstances to re-entertain the present application. It is his further submission that there are nine eyewitnesses to the alleged incident, they have categorically stated about the overt acts of petitioner/accused No.1. He further submitted that the petitioner/accused No.1 has committed heinous offence, which is punishable with death or imprisonment for life. On these grounds, he prayed to dismiss the petition.
7. I have cautiously and carefully gone through the contents of the complaint and submission made by the learned counsel for both the parties and perused the record.
8. In Crl.P.No.5692/2018 dated 17.09.2018 at paragraph No.7, that this Court after considering in detail has come to the conclusion that there are serious overt acts as against petitioner/accused No.1 and there has been prima-facie material and there are no good grounds to release the petitioner/accused No.1 on bail. On this ground, petition came to be dismissed. Learned counsel for the petitioner submitted that already charge has been framed, in that changed circumstances, he approached this Court. Merely, considering the facts that charge has been framed is not a changed circumstances to allow the petitioner’s application. One more contention made by the learned counsel for the petitioner is that the marriage of the daughter has been fixed on 18.08.2019 at Davanagere. If at all, he intends to attend the marriage, he should file an appropriate application before the Jail Authority/Court below to release him on Parole. If the petitioner/accused No.1 file any such application before the Jail Authority or before the Lower Court, the same may considered in accordance with law and pass a suitable order.
With the above observations, the petition is dismissed.
Sd/- JUDGE NR/-