IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.2195 OF 2019 C/W CRIMINAL PETITION NO.2196 OF 2019 In Crl.P.No.2195/2019 BETWEEN:
Sri.Raju @ Rajubhai, S/o Late Krishna, Aged about 36 years, R/of Anjenaiah Temple, Near Enclave Layout, Bannergatta Main Road, Hulimavu, Bengaluru – 560076. And also permanently R/at No.25, Srinivas Colony, 3rd Cross, Kalkere, Bannergatta Main Road, Bengaluru – 560076.
(By Miss.Shridevi Bhosale, Advocate) AND:
State of Karnataka By Jnanabharathi Police Station, Bengaluru – 560056.
Represented by HCGP, ...Petitioner High Court of Karnataka, Bengaluru – 560 001.
(By Sri.K.Nageshwarappa, HCGP) ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.230/2018 (C.C.No.30158/2018) of Jnanabharathi P.S., Bengaluru for the offences punishable under Sections 143, 144, 147, 148, 120B, 504, 307, 302 read with 149 of IPC and Section 25(1)(B)(b) of Arms Act.
In Crl.P.No.2196/2019 BETWEEN:
Sri.Dhanpal S/o Late Lakshmaiah, Aged about 37 years R/of No.138, 35th Main, 10th Cross, Near Anjenaiah Temple, Sarakki Garden, 6th Phase, J.P.Nagar, Bengaluru – 560078.
(By Miss.Shridevi Bhosale, Advocate) AND:
State of Karnataka By Jnanabharathi Police Station, Bengaluru – 560056.
Represented by HCGP, High Court of Karnataka, Bengaluru – 560 001.
(By Sri.K.Nageshwarappa, HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.230/2018 of Jnanabharathi Police Station, Bengaluru City for the offences punishable under Sections 143, 144, 147, 148, 120B, 504, 302 and 307 read with Section 149 of IPC and Section 25(1)(B)(b) of Arms Act.
These Criminal Petitions coming on for Orders, this day, the Court made the following:
O R D E R Criminal Petition No.2195/2019 has been filed by accused No.8 and Criminal Petition No.2196/2019 has been filed by accused No.7 under Section 439 of Cr.P.C seeking to enlarge them on bail in Crime No.230/2018 of Jnanabharathi Police Station for the offences punishable under Sections 143, 144, 147, 148, 120B, 504, 302 and 307 read with 149 of IPC and also under Section 25(1)(B)(b) 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. It is the case of the prosecution that on 15.08.2018 at about 6.30 p.m. accused Nos.1 and 2 had hoisted birthday party of accused No.1’s son and they had invited several friends and in the said party they had arranged non-vegetarian food and drinks. The deceased who was also a friend of accused No.2 was also invited to the birthday party along with CW 2, 3 and 4. Everyone were having food at parking lot but the deceased and his friends were having food at terrace and at that time accused No.7 asked him the reasons for they sitting separately on terrace and taunted him for which deceased asked the accused No.7 to mind his business for which accused No.7 had taken empty beer bottle and threatened the deceased of life and also abused in filthy language and there was altercation that took place between deceased and accused Nos.7 to 9 and at that time accused No.1 intervened and consoled them. It is further alleged that accused Nos.7 to 9 have told to accused No.1 that deceased had called to one Ballari Shiva and has threatened them of injury and he will take away the life of the accused persons if he is left free. In that light, accused conspired together to take away the life of the deceased and in that light, accused No.1 instigated accused Nos.2, 7, 8 and 9 and accused Nos.3 and 5 brought the iron longs and at that time accused No.3 assaulted the deceased on his head with long causing blood injury then he collapsed on the road. At that time, accused No.5 with another long assaulted the deceased on his legs and accused No.1 took the long from accused No.5 and assaulted the deceased on his face, head and legs causing deadly injuries. Then accused No.4 took the long from accused No.1 and assaulted the deceased. At that time, accused Nos.2, 7, 8 and 9 were also instigated that not to leave him and to finish him. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that the said motive has been made out by the prosecution that there was birthday party and they were consuming alcohol and hence, the deceased was asked why he was sitting on the terrace, then some altercation took place and in that light, the deceased sustained minor injuries and ultimately, he succumbed to the injuries. It is her further submission that the entire charge sheet material goes to show that the accused Nos.7 and 8 are accused persons, who were only present and no other serious overt acts are there as against them. It is her further submission that already accused No.2 has been granted bail by this Court and on the ground of parity, accused/petitioners are also entitled to be released on bail. It is her further submission that already charge sheet has been filed and accused/petitioners will cooperate for investigation and interrogation and they are ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds, she prays to allow the petitions and release the petitioners/accused Nos.7 and 8 on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the charge sheet material clearly goes to show that the accused persons conspired with accused No.1 and it is accused No.3, who assaulted with long on the head of the deceased and accused Nos.2 to 6 are the eye witnesses to the alleged incident. It is his further submission that the accused persons were present and they have committed serious offence which is punishable with death or imprisonment for life. It is his further submission that earlier application has been filed and it was withdrawn. No good reasons have been made out to entertain the present petition and on these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. A close reading of the contents of the charge sheet which is made available, it clearly goes to show that accused Nos.1, 3, 4 and 5 have assaulted with long on the head of the deceased and insofar as accused Nos.7 and 8 are concerned their presence is there but they have only instigated the accused No.1 and other persons not to leave him and they used to make hue and cry to finish him except that no other overt acts are there against the petitioners/accused Nos.7 and 8 are concerned.
8. Under the similar facts and circumstances already accused No.2 has been enlarged on bail by this Court in Crl.P.No.444/2019 dated 14.06.2019. On the ground of parity also the petitioner Nos.7 and 8 are entitled to be released on bail. In that light, petitions are allowed and the petitioners/accused Nos.7 and 8 are ordered to be released on bail in Crime No. 230/2018 of Jnanabharathi Police Station for the offence punishable under Sections 143, 144, 147, 148, 120B, 504, 307 and 302 read with 149 of IPC and also under Section 25(1)(B)(b) of Arms Act, 1959 with following conditions:-
1) Petitioners/Accused Nos.7 and 8 shall execute a personal bond for a sum of Rs.2.00 lakhs (Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the trial Court.
2) They shall not indulge in similar type of activities during the pending of the case. If he again involves, the respondent are at liberty for applying for cancellation of bail.
3) They shall not tamper with the prosecution evidence directly or indirectly.
4) They shall not leave the jurisdiction of the Court without prior permission.
5) They shall be regular in attending the trial Court proceedings.
6) They shall mark their attendance once in a month i.e., on 1st of every month before the concerned police station, till the trial is concluded.
Sd/- JUDGE NS