IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 672/2019 BETWEEN:
1. Sri.Mahesha.D @ Kirana, S/o Dundegowda, Aged about 29 years, Residing at No.202, 2nd Stage, Ambedkar Nagara, Bengaluru – 560085.
2. Sri.Perumal.M @ Appi @ Konda, S/o Late Munirathna, Aged about 27 years, Residing at No.174, 8th Cross, Kumaraswamy Layout, Chandranagara, Bengaluru – 560085.
Permanent address: No.289, Vivekananda Block, Benaluru – 560085.
3. Sri.Shekar @ Kulla, S/o Raju, Aged abut 27 years, Residing at No.25th Cross, Near kadapaswamy Mata, Bhuvaneshwarinagara, K.P.Agrahara, Bengaluru – 560023.
Permanent address:No.25/5-4, 28th Cross, Bhuvaneshwarinagara, Bengaluru City – 560023.
4. Sri.Udaykumar, S/o Late Rajendra, Aged about 34 years, Residing at No.36, 6th Cross, K.P.Agrahara, Magadi road, Bengaluru – 560023.
Permanent address: No.15/D, 6th main, 6th cross, K.P.Agrahara, Bengaluru City – 560023.
5. Sri.Vinayaka @ Bala, S/o Muniswamy, Aged about 32 years, Residing at C/o Ravi No.212, 8th Cross, 12th Main, 2nd Stage, Peenya, Bengaluru City – 560058.
6. Sri.Prem @ Appi, S/o Chandrappa, Aged abut 27 years, Residing at Behind Banashankari Temple, Ambedkar Nagara, Hari Colony, Banashanakari, Bengaluru – 560078. Permanent address: No.618, 5th Cross, Hari Colony, Banashankari 2nd Stage, Bengaluru City – 560085.
7. Sri.Arul Das @ Arul, S/o Narayanaswamy, Aged about 36 years, Residing at No.288, 4th Cross, Vivekananda Block, Pipe line, Malleshwaram, Bengaluru City – 560010.
8. Sri.Manjunatha @ Benne Manja, S/o Nagesha, Aged about 31 years, Residing at 3rd Cross, Hallappa Building, Utharahalli Main road, Chikkodanapalya, Mandya – 57403.
Permanent address: No.57, 2nd Cross, 1st Stage, Vivekananda Nagara, Mandya – 57403.
...Petitioners (By Sri.C.Rajanna, Advocate) AND:
State of Karnataka, By Srirangapatna Police Station, Srirangapatna Taluk, Mandya District.
Rep. by State Public Prosecutor, High court Building, Bengaluru – 560001. ... 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 Crime No.261/2018 of Srirangapatna Rural Police Station, Mandya District for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120B, 201, 302 read with 149 of IPC and Sections 2(C) and 27(1) of Arms Act.
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 Nos.7 to 14 under Section 439 of Cr.P.C., seeking to release them on regular bail in Crime No.261/2018 of Srirangapatna Rural Police Station, Mandya registered for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120(B), 201, 302 read with Section 149 of IPC and also under Section 2(C), 27(1) of Arms Act, 1959.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint reveals that on 11.08.2018 on account of Bheemana Amavase, deceased Arasaiah had visited Sri.Gurudev Mahakali Temple, situated at T.M.Hosuru Gate and had arranged Homa and pooja rituals in the said temple. Said Arasaiah summoned the complainant to his village on 10.08.2018 and on 11.08.2018 at 8.30 a.m., came to the said temple in a car bearing Registration No.KA- 51/P.5695. After finishing the pooja rituals at about 3.30 p.m., all the said persons started proceeding in the said car and it was driven by the deceased Arasaiah and the other witnesses were sitting in the rear seat. When they came forward to some distance, at about 3.45 p.m., three cars came to the spot and about 15 to 20 persons accosted the car holding longs and chopper and made the car to stop. When Arasaiah stopped the car, the said persons attacked him with longs and chopper and when Arasaiah tried to take the car reverse, but the said assailants hit him and caused grievous injuries, after throwing the longs and chopper they fled away from the spot. Thereafter, the complainant took the injured to Colombia Asia Hospital, Mysuru and there at about 8.00 p.m., on the same day, doctor declared him as dead because of the injuries. On the basis of a complaint, a case has been registered.
4. It is the contention of the learned counsel for the petitioners that the deceased was a rowdy element and when the car of the deceased was intercepted at that time it is the accused Nos.1 to 6 who have assaulted. He further submits that the CW.2 is the eye witness, he has seen the petitioners/accused at the place of the alleged incident except he stating that they were preventing other persons not to come near the place of the incident, no other overt acts stated. He further submits that there are no specific overt acts as against the petitioners/accused. He further submits that the only allegation which has been made as against the petitioners/accused is that they have conspired with other accused persons and they have involved in serious offence. The petitioners/accused persons are not identified and even already charge sheet has been filed. The petitioners/accused are not required to be continued in custody. The petitioners/accused persons are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused persons on bail.
5. Per Contra, learned High Court Government Pleader vehemently argued and submitted that there is ample materials to show that the petitioners/accused have involved in heinous offence which is punishable with death or imprisonment for life. He further submits that petitioners/accused have conspired with accused Nos.1 to 6 and it is the accused Nos.1 to 6 who have assaulted and committed the murder of the deceased. He further submits that CW.2 and CW.3 are the eye witnesses to the alleged incident and they have categorically stated the presence of the petitioners/accused at the place of the incident and participation of the petitioners/accused in the said act. There is prima-facie material to connect the petitioners/accused to the alleged crime. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. As could be seen from the statement of Rangaswamy who is said to be the eye witness, in his statement he has stated that accused No.15 was standing and when he saw accused Nos.16 and 17, they were near the temple and at that time, he has seen them and insofar as accused No.8 is concerned he has only identified the said person by seeing the photographs. Even as could be seen from the charge sheet material it is the accused Nos.1 to 6 who have assaulted the deceased with lethal weapons and caused the death of the deceased. Even the charge sheet material clearly goes to show that it is the accused Nos. 1 to 6 who have assaulted the deceased and caused the death and no serious overt acts have been alleged as against the petitioners/accused. Even as could be seen from the charge sheet material they have conspired with accused Nos.1 to 6 while committing the alleged offence. That is the matter which has to be considered and appreciated only at the time of trial. But as could be seen from the charge sheet material it discloses the fact that accused Nos.8 and 9 are the rowdy elements and even the statement of the eye witness also discloses the said fact. Insofar as accused Nos.10 to 14 are concerned, their presence has been stated in the said charge sheet. They have only intimated the accused Nos.1 to 6 about the movement of the deceased and his followers and accused No.13 had purchased the long, macchu and they have been hidden in car and accused Nos.8, 11, 13 were brought by accused No.2 and accused Nos.6,7,12 and 14 have been brought by accused No.4. Except this there is no material as against the petitioners/accused. Taking into consideration the above said facts and circumstances, there is no specific overt acts as against petitioners/accused and when already charge sheet has been filed. I feel that by imposing some stringent conditions, if the petitioners/accused Nos.10 to 14 are ordered to be released on bail, it is going to meet the ends of justice and insofar as petitioners/accused Nos.7 to 9 are concerned they are considered to be the rowdy elements and if they are released on bail they may tamper with the prosecution evidence and they may again indulge in similar type of activities.
8. In the light of the discussions held by me above, petition is allowed in part. Petition as against petitioners/accused Nos.7 to 9 is rejected and insofar as petitioners/accused Nos.10 to 14 is concerned, they are enlarged on bail in Crime No.261/2018 of Srirangapatna Rural Police Station, Mandya registered for the offences punishable under Sections 143, 147, 148, 114, 109, 341, 120(B), 201, 302 read with Section 149 of IPC and also under Section 2(C), 27(1) of Arms Act, 1959 subject to the following conditions:
1. Petitioners/accused Nos.10 to 14 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) each with two sureties each for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the trial Court without prior permission till trial is concluded.
3. They shall mark their attendance once in a month i.e., on 1st of every month between 10.00 a.m., and 5.00 p.m., before the concerned police station, till the trial is concluded.
4. They shall not tamper with the prosecution evidence directly or indirectly.
5. They shall regularly appear before the trial Court for trial, without fail.
Sd/- JUDGE NS