IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.267/2019 BETWEEN :
Santhosh Madivala @ Mambettu Santhu S/o Ananda Madivala Aged about 35 years R/at Mambettumane, Anjaru Village, Hiriadka Post, Udupi Taluk Udupi District-575 126. (By Sri B.Lethif, Advocate) AND :
The State of Karnataka by Station House Officer by Hiriadka Police Station, Udupi District, Represented by State Public Prosecutor High Court Building 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.141/2016 of Hiriadka Police Station, Udupi District, for the offences punishable under Sections 120B, 112 and 302 r/w Section 34 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 is filed by accused No.3 under Section 439 of Cr.P.C. praying to release him on bail in Crime No.141/2016 of Hiriadka Police Station for the offences punishable under Sections 302, 120B, 112 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 19.12.2016, when the complainant was in the hotel at about 1.15 p.m., he got a call stating that his brother-in-law got assaulted with Talwar at Hiriadka Kotla Katte. Immediately he along with his co-brother Umesh Kulal went to the spot and found the deceased Praveen Kulal in front of Nithyananda Poojary’s Shop in a pool of blood and with grievous injuries. Immediately he made an enquiry with the neighbourers who informed that deceased came in a black colour car bearing Regn.No.KA- 19-MB-1616 there he met his known persons. Because of the previous enmity they quarreled inside the bar and came out and assaulted the deceased by chasing him with lethal weapons. On the basis of complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the complainant is not an eye witnesses. There are no allegations as against petitioner-accused No.3 and no overt acts are alleged as against him. The recovery and other things have been done at the instance of accused Nos.2 and 4. He further submitted that the charge sheet has been filed. The only allegation made as against the petitioner is that he was holding the deceased and at that time remaining accused assaulted on the chest of the deceased with lethal weapons. He further submitted that the petitioner is innocent, he is ready to abide by any conditions and ready to offer sureties. No recoveries have been made at the instance of the present petitioner. On these grounds, he prayed to allow the petition by granting bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that petitioner was present along with other accused persons and he helped the remaining accused persons by holding the deceased with hands. Even though there are no overt acts against the petitioner he is involved in a serious offence which is punishable with death or imprisonment for life. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the charge sheet material, it clearly indicates the fact that when the alleged incident has taken place, the petitioner-accused No.3 was holding the deceased and it is accused Nos.2 and 4 who assaulted the deceased with lethal weapons. No recoveries have been made at the instance of the petitioner-accused No.3 and even the supari has been paid by accused No.5. There are no overt acts as against the petitioner. Already charge sheet has been filed. Hence, the custodial continuation of the petitioner is not necessary. Under the said facts and circumstances of the case, I feel that the petitioner is entitled to be released on bail.
In that light, the petition is allowed and accused No.3-petitioner herein is enlarged on bail in Crime No.141/2016 of Hiriadka Police Station for the offences punishable under Sections 302, 120B, 112 r/w. Section 34 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence in any manner.
iii) He shall be regular in attending the trial.
iv) He shall mark his attendance once in a month on every 1st before the jurisdictional police between 10.00 a.m. and 5.00 p.m.
v) He shall not indulge in similar type of criminal activities.
Sd/- JUDGE *ck/-