IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9387/2018 BETWEEN:
Sri.Swamy, S/o.Shivanna, Aged about 31 years, Residing at Lakshmipura Village, Kikere Hobli, K.R.Pet Taluk, Mandya District-571 426. ...PETITIONER (By Sri. Ranganath Reddy R. Adv. for Sri. M.R.Mahesh, Adv.) AND:
The State of Karnataka, By Bandepalya Police, Rept. by Special Public Prosecutor, High Court Complex, Bengaluru-560 001. ...RESPONDENT (By Sri.M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in the Crime No.191/2018 of Bandepalya Police Station, Bengaluru for the offence p/u/s 302 and 307 of IPC, on the file of CMM Court at Bengaluru.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner – accused No.1 under S.439 Cr.P.C. to release him on bail in Crime No.191/2018 of Bandepalya Police Station, Bengaluru, for the offences punishable under Sections 302 and 307 of IPC.
2. I have heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent – State.
3. The gist of the complaint is that deceased and the accused were known to each other in business and they used to consume alcohol together. In that light, on 24.09.2018, the complainant and the accused had consumed alcohol together in Majestic area and thereafter went to the house of the complainant in the evening hours and they asked the deceased to get parcel of liquor to the house of the complainant and accordingly deceased also came there and they were consuming alcohol. After consuming alcohol and after having dinner there was scuffle between the accused and deceased and hence the complainant intervened. The deceased scolded the accused and accused made the deceased to fall on the ground and by taking out a knife from his jerkin, by sitting over the body of the deceased he assaulted on the chest and other parts of the body. Immediately deceased was taken to the hospital by the complainant and there he was declared as dead. On the basis of the complaint, case has been registered.
4. It is the submission of the learned counsel for the petitioner – accused that the circumstances under which the alleged incident has taken place will not attract the provision of Section 302 of IPC. At the most, it may attract Section 304 Part I of IPC. He further submitted that there was a scuffle between the accused and the deceased and exchange of words and accused – petitioner deprived his self-control and because of the provocation made by the deceased, he assaulted the deceased with knife. The circumstances encompassed would clearly indicate the fact that accused petitioner was not having any intention to cause death. He further submitted that the petitioner accused is ready to abide by all the conditions that may be imposed by this Court and ready to furnish sureties. On these grounds, learned counsel prayed to allow the petition and release the accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner – accused in the said galata assaulted the deceased with the intention to take away his life. He had hidden in his jerkin a knife with the mala fide intention. That itself goes to show that accused had intention to cause death. He also submitted that at the time when he assaulted, he uttered the words that ‘he would take away the life of the deceased’. He also submitted that the knife has been seized at the instance of the accused. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and considered the submissions made by learned counsel for the parties and perused the record.
7. Under the facts and circumstances of the case, I feel that it is not a just case to release the accused - petitioner on bail at this juncture by appreciating the evidence. Hence, because of the reason that if anything is expressed now, it may hamper trial, without expressing anything on the merits of the case, this petition is dismissed.
Sd/- JUDGE sac*