IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9223/2018 BETWEEN:
Sri.Hemanth Kumar.B, S/o. Bhaktha Vathsala.N, Aged about 19 years, Residing at No.36, 10th Cross, 4th Main, Magadi Road, Agrahara Dasarahalli, Basaveshwaranagar, Bengaluru North, Bengaluru-560 079. ...Petitioner (By Sri. Hanumanthappa.H.S, Advocate) AND:
State of Karnataka, SHO of Vijayanagar Police Station, Represented by its Public Prosecutor, High Court Complex Building, Bengaluru-560 040. ... Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.591/2018 of Vijayanagar Police Station, Bengaluru City for the offence p/u/s 302 r/w 34 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 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.591/2018 of Vijayanagar Police Station for the offence punishable under Section 302 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 04.11.2018 at about 7.00 p.m., police have informed the complainant about the admission of her son in the hospital, as a result of injuries sustained in the assault committed on him. When she visited the hospital, she found the dead body of her son with various stab injuries and wounds. On enquiry, she came to know that on the same day at about 5.30 p.m., at BGS Play Grounds an altercation took place between her son and one Vinaykumar with regard to non payment of cigarette purchase amount by said Vinaykumar. During altercation, Vinaykumar along with his associates assaulted and stabbed the deceased causing grievous injuries. The by-standers have shifted the injured to the hospital and have caught hold Vinaykumar, who assaulted the deceased and handed over to the police and a case has been registered.
4. It is the submission of the learned counsel for petitioner that already the investigation has been completed and chargesheet has been filed. It is further submitted that already accused No.3 has been released on bail and on the ground of parity, the petitioner/accused is also entitled to be released on bail. It is further submitted that the name of the petitioner is not shown in the complaint and his name has been shown only in the remand application. He is a student and if he is detained, his educational career is going to disturbed. He further submitted that there are no specific overt-acts alleged against him. All the overt- acts have been alleged as against accused No.1. It is further submitted that he is ready to co-operate with the investigation, abide by any conditions that may be 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 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused petitioner is involved in the offence punishable with death or imprisonment for life. Since from the date of the registration of case he is absconding and was not available for the purpose of investigation or interrogation. It is further submitted that he is required for the purpose of interrogation and a recovery has been done at the instance of the accused petitioner. Further it is submitted that the accused petitioner, who was keeping dragger in his pocket and the said dragger has been snatched by accused No.1 and stabbed with a common intention to cause the alleged offence. It is further submitted that the alleged offence is punishable with death or imprisonment for life. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel for both the parties and perused the records.
7. The alleged incident has taken place when the altercation took place between the deceased and accused persons in respect of non payment of the cigarette charges purchased by accused No.1 at that time, accused No.1 took the dragger from the possession of the petitioner/accused and stabbed the complainant’s son. Because of the said injuries, on the way to the Hospital, deceased succumbed to the injuries. Though it is the contention of the learned counsel for the petitioner/accused that already chargesheet has been filed and there are no specific overt-acts attributed as against the petitioner/accused, however, it is not a fit case to exercise power under Section 438 of Cr.P.C., and to release the accused petitioner on bail. Since from the date of the registration of case, he is absconding and was not available for investigation or interrogation. Under the said fasts and circumstance, petition is dismissed. Liberty is reserved to the petitioner/accused No.2 to apply for the regular bail, if he surrenders.
The above observation will not come in the way of disposal of the regular bail application.
Sd/- JUDGE VBS