IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3933 OF 2019 BETWEEN:
SRI SAURAV ROY S/O SHASHI PRAKASH ROY AGED ABOUT 24 YEARS PRESENTLY RESIDING IN COMFORT P.G. ROOM NO.307 NO.48/27, 27TH MAIN, 1ST CROSS V.G.S. LAYOUT, EJIPURA BENGALURU. ... PETITIONER (BY MS. MELANIE SEBASTIAN, ADVOCATE) AND:
STATE OF KARNATAKA BY VIVEKNAGAR POLICE STATION REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU – 560 047. ... RESPONDENT (BY SRI HONNAPPA – HCGP FOR RESPONDENT) THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 294/2018 (S.C. NO. 498/2019) OF VIVEKNAGAR P.S. BANGALORE 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 Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State. Perused the records.
2. The factual matrix discloses that on 7.12.2018 one Shiva Kumar, a Security Supervisor was taken outside by the accused - petitioner by name Saurabh Roy, who was working as a Security Guard. The said fact of Saurabh Roy having taken the deceased along with him was actually informed to the complainant.
Thereafter at about 3.00 p.m. a telephonic message was received by the complainant and according to that he went to the Dell Company beside the Military Ground. When they went there, they found that the deceased Shiva Kumar was lying on the ground with bleeding injuries to his head. While he was being shifting Shivakumar to NIMHANS Hospital, on the way to the said hospital, Shiva Kumar disclosed that the petitioner – Saurab Roy had assaulted him with a stone on his head and caused severe injuries. It appears thereafter in the hospital the said Shiva Kumar succumbed to the injuries.
3. Looking to the above said circumstances, there is strong material available on record. At this stage, it cannot be thrashed out merely looking into the First Information Report or the charge-sheet.
4. Under the above said circumstances, I do not find any strong reasons to release the petitioner on bail. Hence, the petition deserves to be dismissed. Accordingly, the petition is dismissed. However, since the petitioner is in judicial custody, the Trial Court shall make all endeavour to dispose of the case as expeditiously as possible.
Sd/- JUDGE KS