IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.2731/2017 BETWEEN:
SRI SREENIVASA REDDY @ CHAAKU SEENA S/O RAMAIAH, AGED ABOUT 48 YEARS, R/AT KALAVARA VILLAGE CHIKKABALLPURA TALUK & DISTRICT-562 101.
...PETITIONER (BY SRI.B M LOKESH, ADV.) AND STATE OF KARNATAKA CHIKKABALLPURA RURAL P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT, BENGALURU - 560 001.
...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.94/2015 (SPL.C.NO.48/2015) OF CHICKBALLAPURA RURAL P.S., CHICKBALLAPURA DISTRICT FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC AND SEC.3(1)(X)(XI), 3(2)(V) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 307 read with 34 of IPC, so also, Section 3(1)(x)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered in respondent – police station Crime No.94/2015. After the death of the deceased, the charge sheet came to be filed for the offence under 302 read with 34 of IPC, so also, Section 3(1)(x)(xi) and 3(2)(v) of SC/ST (POA) Act.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
3. Looking to the case of the prosecution, the daughter of the deceased is the complainant in this case. As the son of the petitioner, who was studying in the school picked up quarrel with the daughter of the deceased and when it was came to be known by the deceased, he came and he was advising Sunil, who is the son of the petitioner herein, not to behave like that, at that time, said Sunil started to abuse the deceased in filthy language and the petitioner came to the spot and without knowing the truth in the matter, he carried knife along with him and assaulted on the deceased with the knife and caused the bleeding injuries. The daughter of the deceased is the eye-witness to the incident. Some other persons also came there and they pacified the quarrel, then the father of the complainant was taken to the hospital, subsequently he expired in the hospital. On the basis of the said complaint, firstly case was registered for the offence under Section 307 of IPC and under the provisions of SC/ST (POA) Act, but after the death of the deceased, the offence under Section 302 of IPC came to be inserted in the case.
4. The materials placed on record show that the petitioner came to the spot, he carried knife along with him, and with the said knife he assaulted the deceased. There are eye-witnesses to the incident. It is no doubt true, as submitted by the learned counsel for the petitioner, there is delay in conducting the spot mahazar, which was conducted after four days of the incident. But when there are eye-witnesses to the incident and whose statements are clear about the assault made by the petitioner with the knife on the deceased and apart from that it is submitted by both sides during the course of hearing of this petition that the trial has been commenced and the evidence is almost completed, when that is so, and even the earlier petition, which was filed at the crime stage, has been rejected by this Court, I am of the opinion that petitioner is not entitled to be released on bail. Hence, petition is hereby rejected.
However, the concerned trial Court is hereby directed to take up the matter on priority basis and to dispose of the same as early as possible but not later than three months from the date of receipt of copy of this order.
Registry is directed to send the copy of this order to the concerned Court immediately.
Sd/- JUDGE BSR