IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.4560/2019 Between:
Sri C. Harish S/o. Chikkannaiah, 25 years R/at Karpuru Janatha Colony Aravanthigepura Village Kasaba hobli, Anekal Taluk Bangalore Rural Dist-562 106. ...Petitioner (By Sri K.S. Vishwanath, Advocate for Sri Gangadharappa C.C. Advocate ) And:
State of Karnataka Anekal Police Station Bangalore – 562 106 Represented by SPP High Court of Karnataka Bangalore – 560 001. ... Respondent (By Sri M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.234/2018 (S.C. No.5009/2019) of Anekal P.S., Bangalore Rural District for the offences p/u/s 341, 302, 504, 143, 323 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 accused No.4 under Section 439 of Cr.P.C. to release him on bail in Crime No.234/2018 by Anekal Police Station for the offences punishable under Sections 143, 323, 341, 302 and 504 R/w 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 gist of the case of the prosecution is that there were civil disputes between the accused and the complainant and on 30.08.2018 at about 5.45 p.m., Thimmaraju along with Lalithamma, Chennappa, Harish, Ravichandra, Harish (Aravantipura) and Chasthamanahalli Naveen came in a group and obstructed the movement of complainant’s husband and stopped the two wheeler and some altercation took place. At that time, the said P. Harish and C. Harish assaulted the complainant with long and caused injuries. Immediately, the complainant took him to the Government Hospital, Anekal and thereafter, he was shifted to Sparsha Hospital. There, the complainant came to know that because of the injuries, her husband died. On the basis of the complaint, a case has been registered. After investigation, charge sheet has been filed.
4. It is submitted by the learned counsel for the petitioner/accused No.4 that earlier the charge sheet has been filed and subsequently second charge sheet has been filed and thereafter M. Thimmaraju applied for the bail and this Court by order dated 18.06.2019 has granted the bail under the changed circumstances. Therefore, petitioner/accused No.4 is also entitled to be released on bail. It is his further submission that even this Court in Criminal Petition No.1491/2019 has also released accused No.3 by order dated 18.07.2019. On the ground of parity, the petitioner is also entitled to be released on bail. It is his submission that allegations were made in the complaint and charge sheet are omnibus. Though CWs.2 and 3 are eye witnesses to the alleged incident, but they have not disclosed the statement till 25.09.2018 and no name of the petitioner herein has been stated till then to police that they have assaulted the deceased. It is his further submission that hospital records also does not substantiate the fact that it is the petitioner/accused No.4 along with other accused persons assaulted the deceased. He further submitted that Post Mortem Report clearly goes to show that the cause of the death is due to the head injury. As per the statement of witnesses and other materials, the petitioner has assaulted on hands and it is not the serious offence so as to take away the life. It is his further submission that no motive is there, no recovery is made at the instance of the petitioner/accused No.4. He further submits that since 11 months, the petitioner is languishing in judicial custody. He further submits that already the charge sheet has been filed and he is not required for the purpose of further investigation or interrogation and he is ready to abide by the conditions imposed on him and ready to offer surety. On these grounds, he prays to allow the application and enlarge the petitioner on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner/accused No.4 is involved in serious offence which is punishable with death or imprisonment for life. There are four eye witnesses to the alleged incident and already the charge sheet has been filed. The charge sheet material clearly goes to show that it is accused No.4 who has assaulted with long on the hands of the deceased. He further submits that there are no changed circumstances to file a fresh bail petition. He further submits that earlier bail petition was dismissed on 05.04.2019. He further submits that the deceased has sustained 12 injuries and Post Mortem Report also goes to show that the deceased died because of the injuries caused by lethal weapons. It is his further submission that a long has been recovered at the instance of the accused No.4. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and perused the records.
7. I have given cautious attention to the statement of the witnesses. A close reading of the said statement discloses that though it is alleged that one P.Harish and C.Harish have took the long and assaulted the deceased, but as could be seen from the said statement, C.Harish who is the petitioner herein has assaulted on the hands and other accused has assaulted on the head of the deceased. Even the P.M.
Report also indicates that death is due to the head injury suffered by the deceased. It is noted that already accused Nos.1 and 6 have been released on bail by this Court. On the ground of parity, petitioner/accused No.4 is also entitled to be released on bail. Taking into consideration of the above said facts and circumstances and that already accused No.1 and 6 have been released on changed circumstances and also that the charge sheet has also been filed, I feel that by imposing some stringent conditions, if petitioner-accused No.4 is released on bail, it is going to meet the ends of justice. In that light, petition is allowed.
8. Petitioner/accused No.4 is enlarged on bail in Crime No.234/2018 of Anekal Police Station for the offences punishable under Sections 341, 302, 504, 143, 323 read with 149 of IPC subject to the following conditions:
1. Petitioner/accused No.4 shall execute a personal bond for a sum of Rs.2,00,000/-
(Rupees Two lakh 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 on every 1st till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of activities.
Sd/- JUDGE nms