IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6554 OF 2019 BETWEEN:
SRI. RAJESH.S., S/O SUBRAMANI, AGED ABOUT 19 YEARS, RESIDING AT NEAR KAKKAMUNESHWARI TEMPLE, POOJARI HOUSE, NO.40-A, NARAYANAPPA LAYOUT, BHADURPURA, ANEKAL TOWN, ANEKAL TALUK, BENGALURU DISTRICT – 562 106.
...PETITIONER (BY SRI. H.K.KENCHEGOWDA, ADVOCATE) AND:
STATE OF KARNATAKA, BY ANEKAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL, HIGH COURT BUILDING, BENGALURU – 560 001. ...RESPONDENT (BY SRI. ROHITH.B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.77 OF 2019 (C.C.NO.77/2019) OF ANEKAL POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 302, 120B R/W SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER 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.7 in the charge-sheet filed by the Respondent-Police for the offence punishable under Sections 143, 147, 149 and 302 of IPC in C.C.No.1193 of 2019 on the file of the Principal Civil Judge and JMFC, Anekal.
3. Brief facts of the case are that, a person by name Madhusudhan, who is none other than the brother of the deceased had lodged a complaint stating that on 13.04.2019, his brother Loknath’s body was found in the Government hospital. He went to the hospital and saw the dead body and suspected that, Harish and Ravi and his associates must have committed the murder of Loknath. On that, police have registered a case and investigated the matter and submitted the charge-sheet.
4. Charge-sheet papers disclose that Harish had some grudge against the deceased-Loknath and he conspired with the other accused persons and committed murder of the deceased. Specific allegations are that on 13.04.2019, at about 9.00 a.m., the accused persons had been to the house of deceased. They were all armed with choppers and clubs, particularly, it is alleged that accused were armed with clubs and choppers and were chasing the deceased. He escaped from the clutches of accused persons and went to the house of CW4- Venkatalaxmamma and locked the door from inside. Unfortunately, all the accused Nos.1 to 6 entered into the said house from another door and accused No.1 has assaulted the deceased two to three times with chopper on the neck of the deceased. Accused No.2 assaulted with chopper on the head and shoulder portion. It is alleged that it is the petitioner, who was holding a stone, assaulted on the chest of the deceased.
5. Looking to the above said facts and circumstances, the I.O. has recorded the statement of the eye-witness-Sandeep and others, who infact have not stated anything about the overt-acts of the accused except stating that this petitioner has assaulted on the chest of the deceased with a stone. The statement of the eye-witnesses was recorded on 19.06.2019 after a lapse six days from the date of the incident. The post-mortem report does not show any injury on the chest alleged to have been caused by the stone. But it is a chakoon found on the chest which alleged to have been inflicted by accused Nos.1 to 6. Looking to the above stated facts and circumstances, there are specific overt-acts against accused Nos.1 and 2 who were holding choppers and assaulted him, which resulted as many as eight chakoons on the deceased. Similarly, placed accused No.5 who assaulted the deceased with a club on his legs, this Court found that there was not even a single wound on the leg of the deceased and he was granted bail by order dated 24.10.2019. Therefore, considering the facts ad circumstances of the case, in my opinion, the petitioner is entitled to be enlarged on bail on the ground of parity. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner-accused No.7 shall be released on bail in connection with Crime No.77/2019 of Anekal Police Station registered for the offence punishable under Sections 143, 147, 149 and 302 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Ordered accordingly.
Sd/- JUDGE DH