IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2228/2019 BETWEEN:
Sri.Chetan.V @ Babli, S/o Vasantha Kumar, Aged about 22 years, R/at.No.1356, 2nd Main, 3rd Cross, Mathikere, Yeshwanthapura, Bengaluru-560 009.
(By Sri.R.George Lazarus , Advocate) AND:
State of Karnataka, Kodigehalli Police Station, Bengaluru-560 097 Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001.
(By Sri. Honnappa, HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.182/2018 (S.C.No.296/-2019) of Kodigehalli P.S., Bangalore City for the offence p/u/s 397, 302 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.1 in CC.No.25/2019 on the file of Chief Metropolitan Magistrate, Bangalore for the offences punishable under Sections 397 and 302 read with Section 34 of IPC. The said case was committed to the Principal City Civil and Sessions Judge, Bengaluru in S.C.No.296/2019 and now pending on the file of 59th Additional City Civil and Sessions Judge, Bengaluru.
3. The brief factual matrix of the case are that on 19.08.2018, the accused with an intention to rob, have intercepted the complainant and deceased-Chandrashekar near Service Road, Bhadrappa Layout and accused No.1 showed a knife at the complainant and deceased- Chandrashekar. They robbed an amount of Rs.3,000/- and also a mobile from deceased-Chandrashekar. When the deceased-Chandrashekar refused to give the amount and mobile, accused No.1 stabbed with knife on the left leg thigh of the deceased, due to which he sustained severe injury. Thereafter, accused persons ran away from the spot in a two wheeler bearing registration No.KA-04-IH-3485. Afterwards, CW1 and CW2 have shifted the injured to the Hospital but he died on 20.12.2018 at about 4.10 PM.
4. On the basis of above allegations, the police have filed a charge-sheet against the accused persons. During the course of investigation, CW1 and CW2 have identified the accused No.1 and also stated about the incident.
5. On perusal of the above said circumstances and also provisions under Section 397 of IPC, the offence is not punishable either with death or imprisonment for life and punishable with a maximum period of seven years. Facts and circumstances creates a serious doubt whether the act of the accused No.1 is falls under Section 302 of IPC or falls under Section 304 part (1) or (2) of IPC. In fact, Section 304 is also not compulsorily punishable with death or imprisonment for life.
6. In the above circumstances, as accused is already in judicial custody since 04.10.2018 and trial may take sufficient time and offences are also not punishable with death or imprisonment for life, in my opinion by imposing stringent conditions, the petitioner can be enlarged on bail. Hence, the following ORDER i) Criminal Petition is hereby allowed;
ii) Petitioner shall be released on bail in connection with SC No.296/2019 pending on the file of 59th Additional City Civil and Sessions Judge, Bengaluru for the offence punishable under Sections 397 and 302 of IPC on following conditions;
a) The petitioner shall execute his personal bond for a sum of 1,00,000/-(Rupees One Lakhs only) with two sureties for the like-sum to the satisfaction of the Trial Court;
b) Petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses;
c) Petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted for any genuine reason, by the Trial Court;
d) Petitioner shall not leave the jurisdiction of the trial Court without prior permission till the case registered against him is disposed of.
Sd/- JUDGE SB