IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8912/2018 BETWEEN SRI. MAHENDRA @ VALAPAL AGED ABOUT 20 YEARS S/O. MALADRI R/AT MANJU HOUSE 5TH CROSS, OPP. FAIRLAND NEAR THIGALARA BURIAL GROUND EJIPURA, BENGALURU-560047 ... PETITIONER (BY SRI. RAMACHANDRA RAO, ADV.) AND STATE BY VIVEK NAGAR POLICE STATION REPRESENTED BY S.P.P, HIGH COURT, BANGALORE – 560001. ... RESPONDENT (BY SMT. NAMITHA MAHESH.B.G., HCGP) THIS CRIMINAL PETITION FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.174/2018 (S.C.NO.1747/2018) OF VIVEKNAGAR POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING.
O R D E R Viveknagar Police have charge sheeted the petitioner for the offence punishable under Section 302 of IPC on the basis of the complaint filed by Pooja, the sister of deceased Akash.
2. It is alleged that on 12.07.2018 at 7.00 p.m. when the petitioner was proceeding near Sky Bazar of Ejipura, deceased Akash pestered the petitioner demanding money for boozing. It is further alleged that when the petitioner declined to give money, the victim attempted to snatch the money from the petitioner’s pocket and being annoyed by that, petitioner pulled a machete from a nearby hackers cart and assaulted on Akash’s forehead. It is alleged that the injured victim proceeded upto burial ground of Ejipura and there, he died due to Haemorrhage.
3. The complainant is not an eye witness to the incident. In the complaint, she states that she is giving complaint against the petitioner on the basis of the information given by the people of the locality of the scene of offence. But she does not name the said persons in the complaint.
4. Later, CW.3 said to have given his statement to the effect that he has witnessed the incident. However, neither he informed the complainant nor took any steps to tend the injured. As per the complaint, the victim at that young age had addicted to vices and abandoned his home.
5. Though it is alleged that the blood stained clothes of the accused, deceased and weapon were seized and sent to FSL, the same is not yet received. The petitioner is hardly 20 years old. With this kind of material on record, it may not be just and appropriate to subject the petitioner to pre-trial conviction and sentence.
6. Therefore, the petition is allowed. Petitioner is granted bail in Crime No.174/2018 of Viveknagar Police Station, which is now pending in S.C.No.1747/2018 on the file of the 56th Additional City Civil & Sessions Judge, Bengaluru, subject to the following conditions:
1) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the concerned Court for his appearance;
2) He shall appear before the Court as and when required for the purpose of trial;
3) He shall not tamper the prosecution witnesses in any manner;
Sd/- JUDGE VM CT-HR