IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.196/2019 BETWEEN:
Mr. Santhosh, S/o. Krishna, Aged about 28 years, Residing at: Uppalli, Chickamagalur, Karnataka-577 101. ...Petitioner (By Sri. B.V.Pinto, Adv., for Sri. K.S.Nataraj, Adv., and Sri. Ramanjaneya.V, Adv.,) AND:
State of Karnataka, By Chickamagalur Rural P.S., Rep. by Government Pleader, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed u/S 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.362/2018 of Chikkamagalur Rural Police Station, Chikkamagaluru District for the offence p/u/ss 143, 144, 147, 148, 504, 323, 307, 302 r/w 149 of IPC.
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.7 under Section 439 of Cr.P.C., seeking his release on bail in Crime No.362/2018 of Chickmagalur Police Station for the offences punishable under Sections 143, 144, 147, 148, 504, 323 and 302 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The genesis of the complaint is that in order to photo-shoot the Dash Add Dog belongs to the complainant, went to Kadrimidri Village along with one Shobith along with other friends. At that time, they photo-shooted the Dog by making it to swim and also played for a while until 5.30 p.m., and they were aware to go back. At that time, accused persons came and abused with filthy language and scolded the deceased by constituting an unlawful assembly and went in the car. Thereafter again, they came back by taking ‘U’ turn and accused No.1 took out the knife and stabbed the deceased. As a result, on the way to the Hospital, deceased died. On the basis of the said complaint, a case came to be registered.
4. It is the submission of the learned counsel for the petitioner that the name of the petitioner/accused No.7 does not find any place either in complaint or in any other material. But his name has been shown in the chargesheet which has been filed now. It is further submitted that only on the basis of the voluntary statement of the other accused persons, the name of accused No.7 has been incorporated in the chargesheet. Further it is submitted that the entire chargesheet material if it is looked it is accused No.1 who has stabbed with the knife and caused grievous injuries. Because of the said injuries, the deceased succumbed to injuries. He further submitted that there are no overt-acts attributed against the accused petitioner and the only allegation is that he is a member of the unlawful assembly and he has abused the deceased with filthy language. It is further submitted that the petitioner/accused No.7 is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.7 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused petitioner is also a member of the unlawful assembly. It is further submitted that the accused was present at the time of the alleged incident and even the car which is used for the alleged offence is belongs to the petitioner/accused No.7 and submitted that he also participated in the said criminal act and he is equally liable for the offence punishable under Section 302 of IPC. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials, after photo-shoot of Dash Add Dog, the quarrel took place and the accused persons by constituting an unlawful assembly abused with filthy language. Thereafter, it is accused No.1, who suddenly took the knife and pierce on the chest of the deceased. As a result of the same, he sustained grievous and bleeding injuries. To rescue the deceased, when people came to the spot, the accused persons ran away. Thereafter injured was shifted to the hospital and after examination, the Doctor declared the injured has died. On scanning of the entire material, which has been produced reveals that there is no specific overt- acts attributed as against the accused petitioner that either he has assaulted the deceased with hand or from any material. It is the accused No.1, who has pierced with the knife into the chest of the deceased, as a result, he died. Under the said facts and circumstances, when already the chargesheet has been filed, the custodial continuation of the petitioner accused is not necessary. By imposing some stringent conditions, if the accused petitioner is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of discussion held by me above, petition is allowed and the petitioner/accused No.7 is enlarged on bail in Crime No.362/2018 of Chickmagalur Police Station for the offences punishable under Sections 143, 144, 147, 148, 504, 323 and 302 read with Section 149 of IPC subject to the following conditions:
1. Petitioner / accused No. 7 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall regular in attending the Court.
Sd/- JUDGE VBS