IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4639/2019 Between:
Sri Sujith Pinto, S/o Late Jayakumar, Aged about 35 years, Occ: Driver, R/at Kote Road, Kalyanapura Post, Mooduthonse Village, Udupi Taluk – 576 104. … Petitioner (By Sri Balakrishna M.R., Advocate) And:
The State by Manipala Police Station, Udupi District – 576 104, Represented by its State Public Prosecutor, High Court Building, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.91/2018 (S.C. No.41/2018) of Manipal Police Station, Udupi for the offences p/u/s 302, 201, 203, 504, 506 r/w 34 of IPC and Sections 2(C), 27 of Indian Arms Act.
This Criminal Petition coming on for Orders this day, the Court, made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.91/2018 for the offences punishable under Sections 302, 201, 504, 506 of IPC read with Sections 2(c) and 27 of the Indian Arms Act.
2. It is the case of the prosecution that complaint was registered by the respondent Police against four unknown persons for the offences as aforestated.
3. It is stated that accused No.2 had called the deceased on his mobile and enquired regarding a quarrel which had taken place between them and CW8. It is further stated that at that point of time, there was a verbal altercation between the deceased and accused No.2 and they had abused each other. It is further alleged that keeping the said altercation in mind, the accused No.2 is alleged to have hatched conspiracy along with accused Nos.1, 3 and 4 to commit the murder of deceased. It is stated that the accused persons had come in a Maruthi Omni vehicle with sharp edged weapons and assaulted the deceased near Shambhavi Recreation Club. It is stated that the accused succumbed to injuries and died. On the basis of the complaint, FIR has been lodged. The investigation is complete and charge sheet has been filed.
4. The learned counsel for the petitioner states that the overt acts even as per the case of the prosecution is against accused Nos.1, 3 and 4. The case as regards involvement of accused No.2 is a matter to be proved during trial. The motive as alleged against accused No.2 is also a matter to be proved during trial.
5. Learned High Court Government Pleader appearing for the respondent State, on the other hand states that there are criminal antecedents and the petitioner is involved in the commission of other offences including as made out in proceedings in Crime No.141/2016. It is further submitted that if the petitioner is enlarged on bail, there is every likelihood that he would commit further offences and hence opposes grant of bail.
6. No doubt, the criminal antecedents is a matter to be taken note of. However, the strength of the case on hand is a matter that requires primacy of consideration. In the present case, clear overt acts are attributed as regards accused Nos.1, 3 and 4.
7. The proof as regards to the motive and the role of accused No.2 in the commission of offences is a matter to be established during trial. If it is the case of the prosecution that accused No.2 has abused the liberty that is granted by enlarging him on bail in the proceedings in other cases. The prosecution is at liberty to initiate appropriate action as regards such alleged action of the accused. However, taking note of the case as is made out in the charge sheet, a case is made out for enlarging the petitioner on bail.
8. In the result, the bail petition filed by the petitioner under Section 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.91/2018 for the offences punishable under Sections 302, 201, 504, 506 of IPC read with Sections 2(c) and 27 of the Indian Arms Act, subject to the following conditions:-
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) The petitioner shall physically present himself and mark his attendance before the Station House Officer, Manipal Police Station, Udupi District once in month between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) The petitioner shall not indulge in any criminal activities of like nature.
(vii) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
VGR Sd/- JUDGE