IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3113/2019 BETWEEN:
Sri Lohith S/o Girish, Aged about 23 years, R/at 16th Cross, Srigandh Nagar, Hegganahalli, Bengaluru-562 110. ... Petitioner (By Ms. Raksha Keerthana.K, Advocate along with Sri. Kemparaju, Advocate) AND:
State of Karnataka by Rajagopalanagar Police Station, By its State Public Prosecutor, High Court Complex, Bengaluru-560 001. ... Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.117/2019 of Rajagopalanagara Police Station, Bengaluru for the offences punishable under Sections 354B, 341, 323, 504, 506, 427, 302 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has filed the present petition seeking to be enlarged on bail in connection with the proceedings in Cr.No.117/2019, wherein FIR came to be registered. It is to be noted that the charge sheet has been filed against the accused for the offences punishable under Sections 354B, 341, 323, 504, 506, 427, 302 read with 34 of IPC.
2. It is stated that the complainant had been residing with his sister and brother-in-law and that his friend Lohith-petitioner herein had invited him for “drinks” and he could not go, on 17/02/2019 at about 5.30 p.m., the petitioner and one Lawrence came to his house and abused him for not joining “the party” and when the complainant’s sister came out of the house and questioned them, the petitioner and Lawrence started abusing the complainant’s sister and assaulted the complainant and his sister. It is stated that the petitioner and the other accused had thrown stones on the two wheeler and damaged the said vehicle. It is stated that subsequently, the complainant’s sister died on 23/02/2019 succumbing to the injuries sustained.
3. It is to be noted that the investigation is complete and charge sheet has been filed. The prosecutor contends that enlarging the petitioner on bail would send a wrong message to the society, in so far as, the alleged incident which resulted in death of the complainant’s sister, arose out of a petty reason and such behavior ought not to be condoned.
4. Taking note of the fact that the charge sheet has been filed and that the petitioner is a student studying in II year B.Com. as averred in paragraph No.9 of the petition and that the petitioner has to attend his exams which are due to commence from 30/05/2019, taking note of the fact that the petitioner does not have any criminal antecedents, it would be appropriate to enlarge the petitioner on bail. It is to be noted that though the FIR was registered on 18.02.2019 and the sister of the complainant died on 23.02.2019, no statement of the deceased was recorded prior to 22-03- 2019. However, without entering into merits of the case and taking note of the fact that the charge sheet has been filed and investigation is complete and the petitioner is a student, the petitioner is enlarged on bail subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees one Lakh only) with a surety for the likesum to the satisfaction of the concerned Court where the proceeding in Crime No.117/2019 of Rajagopala Nagara Police Station is pending.
(ii) The petitioner shall co-operate with the trial.
(iii) The petitioner shall not tamper the prosecution witnesses. The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so far as to dissuade such person from disclosing such facts to the Court or any Police Officer.
(iv) The petitioner shall mark his attendance before the concerned SHO once in 15 days between 10.00 a.m. to 5.00 p.m. till the completion of trial.
(v) The petitioner shall not indulge in any criminal activities.
Accordingly, the petition is disposed of.
Sd/- JUDGE HA/GJM