IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.5110 OF 2019 Between:
Sri.Ravindra @ Ravichandra, S/o.R.C.Pillappa, Aged about 24 years, Amezon Company Packing Employee, R/at.Rachamanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District-562106. ... Petitioner (By Sri. M. Srinivasaiah, Advocate) And:
The State of Karnataka by Anekal Police Station, Anekal Taluk, Bengaluru Urban District-562106. Represented by SPP, High Court Building, Bengaluru-560001. ... Respondent (By Sri. K. Nageshwarappa, HCGP) This Criminal Petition is filed u/s.439 of Cr.P.C., praying to enlarge the petitioner on bail in Crime No.234/2018 (S.C.No.5009/2019) of Anekal Police Station, Bangalore Rural for the offence p/u/s 323, 341, 504 and 302 r/w 34 of IPC.
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 No.3 under Section 439 of Cr.P.C. seeking release him on bail in Crime No.234/2018 of Anekal Police Station for the offences punishable under Sections 323, 341, 504 and 302 read with 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the case of the prosecution is that there were civil disputes between the accused and the complainant and on 30.08.2018 at about 5.45 p.m., Thimmaraju along with Lalithamma, Chennappa, Harish, Ravichandra, Harish (Aravantipura) and Chasthamanahalli Naveen came in a group and obstructed the movement of complainant’s husband and stopped the two wheeler and some altercation took place. At that time, the said P. Harish and C. Harish assaulted the complainant with long and caused injuries. Immediately, the complainant took him to the Government Hospital, Anekal and thereafter, he was shifted to Sparsha Hospital. There, the complainant came to know that because of the injuries, her husband died. On the basis of the complaint, a case has been registered. After investigation, charge sheet has been filed.
4. It is the submission of the learned counsel for petitioner/accused No.3 that in the first charge sheet, the petitioner has been shown as accused No.2 and subsequently additional charge sheet has been filed and thereafter he has been shown as accused No.3. It is further submitted that under similar facts and circumstances, already this Court has released accused Nos.1, 4 and 6. On the ground of parity, petitioner/accused No.3 is also entitled to be released on bail. It is his further submission that already charge sheet has been filed and the accused is not required for the purpose of further investigation or interrogation. The allegation which has been made as against petitioner/accused No.3 is that he assaulted the deceased with hands except that no other serious overt acts has been made against him. It is further submitted that he is ready to abide by the conditions imposed by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner/accused No.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner/accused No.3 being member of unlawful assembly with common intention went along with other accused persons and they have assaulted with lethal weapons on the head of the deceased and the deceased died due to head injury. If petitioner is enlarged on bail, he may tamper with prosecution evidence and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission of both the learned counsel appearing for the parties and perused the records.
7. On close reading of the statement of the eyewitness, it discloses that though it is alleged that one P.Harish/accused No.2 with long assaulted on the head of the deceased but insofar as other accused persons are concerned, it is C.Harish who assaulted the deceased with long on both arms and when Munikrishna and Santhosh came to pacify the quarrel, at that time, petitioner/accused No.3 assaulted the deceased with hands. Even the Post Mortem report also shows that the death is due to head injury suffered by the deceased. Even records show that already accused No.1, 4 and 6 have been released on bail. Therefore, on the ground of parity, petitioner/accused No.3 is also entitled to released on bail. Taking into consideration of the above said facts and circumstances of the case, the petition is allowed.
8. Petitioner/accused No.3 is enlarged on bail in S.C.No.5009/2019 III Additional District and Sessions judge, Anekal (Crime No.234/2018 of Anekal Police Station) for the offences punishable under Sections 323, 341, 504 and 302 read with 34 of IPC subject to the following conditions:
1. Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakh only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month on every 1st till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of activities.
Sd/- JUDGE nms