IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1491/2019 BETWEEN:
Sri A. Naveen Kumar, S/o Allalappa, Aged about 23 years, Residing at Bestamanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru District – 562 106. ... Petitioner (By Sri Kiran Kumar, Advocate) AND:
The State of Karnataka, By Anekal Police Station, Bengaluru District, Bengaluru – 562 106.
Represented by State Public Prosecutor, High Court Buildings, Bengaluru – 560 001. ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.234/2018 (C.C. No.1835/2018) of Anekal Police Station, Bangalore Rural for the offences p/u/s 143, 341, 323, 504, 302, 114, 109 r/w 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.234/2018 with respect to offences punishable under Sections 143, 341, 504, 323, 307 r/w 149 of IPC.
2. The case of the prosecution is that there were civil disputes pending before the court between the complainant and accused no.1. It is stated that on 30.08.2018, at about 5.45 p.m., accused no.1 along with his other accomplice came in a group and stopped the complainant’s husband while he was riding his Two Wheeler from Karpuru village towards Bidaragere to reach Rachamanahalli. It is stated that he was pushed form his vehicle and he was assaulted. It is stated that the deceased was assaulted with weapons and he succumbed to injuries and died. A complaint was lodged, FIR was registered, investigation is complete and charge-sheet has been filed.
3. The learned counsel for the petitioner points out that as per the version of the prosecution in the charge sheet, the imputations regarding inflicting of injuries from weapons is only against accused no.4 and 2. The charge sheet version contains imputations as regards petitioner of assault by hands.
4. Taking note of the case of the prosecution, the overt acts as regards fatal injuries resulting in death is only against accused nos.2 and 4, the only imputation against the petitioner/accused no.6 is that he has assaulted the deceased with hands. The question of proof of commission of offence is being a matter for trial, the case is made out for enlarging the petitioner on bail.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C., is allowed and the petitioner is enlarged on bail in Crime No.234/2018 with respect to offences punishable under Sections 143, 341, 504, 323, 302, 114, 109 r/w 149 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-