IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8759/2018 BETWEEN:
1. Shivakumar @ Shiva, Son of Rajanna (late), Aged about 23 years, Residing at No.24th Cross, Bagalgunte, Bengaluru, Karnataka-560 073.
2. Muniraj @ Muniya, Son of Hanumantharayappa, Aged about 23 years, Residing near Arch, Bagalgunte, Bengaluru, Karnataka-560 073.
(By Sri.Abhinay.Y.T, Advocate) ...Petitioners AND:
The State of Karnataka, By Dobbespet P.S., Nelamangala Circle, Bengaluru District, Represented by the Special Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP; Sri.Gopalakrishnamurthy.C, Advocate for complainant) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Cr.No.108/2018 of Dobbespet P.S., Bengaluru District for the offence p/u/s 143, 364, 302 read with 149 of IPC and Section 3, 2(V) of SC/ST (POA) Act.
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 petitioners/accused Nos.4 and 5 under Section 439 of Cr.P.C. seeking their release on bail in Crime No.108/2018 of Dobbespet Police Station for the offences punishable under Sections 143, 364 and 302 read with Section 149 of IPC and Section 3(2)(V) of SC/ST (POA) Act, 1989.
2. I have heard the learned counsel for petitioners, the learned High Court Government Pleader for respondent-State and also the learned counsel appearing for the complainant.
3. Gist of the complaint is that deceased- Naveen Kumar was having an illicit relationship with his neighbour – Anuja, who is married and was having children. Even in spite of advice of the complainant and others, deceased-Naveen Kumar did not listen to their advice and he continued the said illicit relationship with Anuja. Even after changing their houses, they continued the illicit relationship then, Anuja’s brothers and his friends assaulted Naveen Kumar. When the complainant went and questioned them, at that time, the accused persons replied that if he comes again, they will send his dead body, likewise the deceased –Naveen Kumar was in the house of Anuja from 15 days. On 13.05.2018 at about 9.00 p.m., accused persons came in a car and motor cycles and assaulted Anuja and deceased-Naveen Kumar and thereafter, took them in their vehicle and brought Anuja to her native place and left her in a room. Thereafter, accused persons took the deceased–Naveen Kumar along with them and thereafter, accused Nos.3, 4 and 5 caught hold of the said Naveen Kumar, at that time, accused No.1 – Dhananjaya assaulted with cricket bat, accused No.2 – Pramod assaulted with stick and accused No.6 also assaulted on his head, leg, back and on other parts of the body and thereby caused the bleeding injuries. On 14.05.2018 at about 9.00 a.m., Anuja informed Srinivas about the alleged incident and the injured-Naveen Kumar was admitted in the Government Hospital at Nelamangala and thereafter he has been shifted to Victoria Hospital. Subsequently, he died on 16.05.2018.
4. It is the submission of the learned counsel for the petitioners that there are no specific overt-acts attributed against the petitioners/accused Nos.4 and 5.
Further it is submitted that they have not actually assaulted the deceased, it is accused Nos.1 and 2, who have assaulted with deadly weapons. The only evidence which has been shown in the chargesheet is that they were holding the deceased. It is further submitted that already the chargesheet has been filed and the accused persons are not required for the purpose of investigation or interrogation and they are ready to abide by the conditions imposed on them by this Court. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.4 and 5 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.4 and 5 are the members of unlawful assembly and with an common intention, they took the deceased and they facilitated to assault the deceased and the deceased died because of severe injuries, which he has suffered to his head and other parts of the body. It is further submitted that there are eye-witnesses to the alleged incident and further submitted that if the accused persons are enlarged on bail, they may tamper with the prosecution evidence and they may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. Per contra, learned counsel for the complainant vehemently argued and submitted that the act of the accused persons clearly go to show that they were having mens-rea and intention to cause the death of the deceased and with that particular intention, they have taken the deceased. Accused Nos.4 and 5 have facilitated to commit the heinous offence of murder which is punishable with death or imprisonment for life. Further it is submitted that the accused persons have accompanied the injured-Naveen Kumar with other accused persons in a motor cycle and thereby, they caused the death. It is further submitted that it is an honour killing. At this juncture, if the accused petitioners are released on bail, they may indulge in similar type of activities. On these grounds, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submission made by the learned counsel for both the parties and also I have perused the records including the chargesheet material which has been made available in this behalf.
8. It is no doubt that already the chargesheet has been filed and the investigation has been completed. By close reading of material which has been produced clearly go to show that it is accused No.1, 2 and 6 have assaulted with Cricket bat and stick which is used for the purpose of preparing ragi ball (Ragi Mudhe) and other persons who have caught hold of the deceased. In so far as the petitioners/accused Nos.4 and 5 are concerned, they were only holding the deceased at that time, the other accused persons tried to assault the deceased and there are no specific overt- acts attributed against the petitioners/accused Nos.4 and 5. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.4 and 5 are enlarged on bail, it is going to meet the ends of justice.
9. In that light, petition is allowed.
Petitioners/accused Nos.4 and 5 are enlarged on bail in Crime No.108/2018 of Dobbespet Police Station for the offences punishable under Sections 143, 364 and 302 read with Section 149 of IPC and Section 3 (2)(V) of SC/ST (POA) Act, 1989 subject to the following conditions:
1. Petitioners/accused Nos.4 and 5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) each with two sureties each for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police till the trial is concluded.
4. They shall not tamper with the prosecution evidence either directly or indirectly.
Sd/- JUDGE VBS