IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.4925/2019 Between:
1. Sri V. Nagaraj S/o Late Varadappa Aged about 58 years R/at No.u-7, 2nd Cross 2nd Main Road Hanumanthapura Srirampura Bengaluru – 560 021.
2. Sri N. Shastri S/o V. Nagaraj Aged about 24 years.
R/at No.u-7, 2nd Cross 2nd Main Road Hanumanthapura Srirampura Bengaluru – 560 021. ...Petitioners (By Sri Nanjunda Gowda M.R.¸ Advocate) And:
The State of Karnataka, By Srirampura Police, Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001. ... Respondent (By Sri K. Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioners on bail in Cr.No.241/2018 of Srirampura Police Station, Bengaluru City for the offence punishable under Sections 120B, 148, 201, 212, 307, 325, 326, 341, 354, 395, 427, 450, 506-B R/w Sec. 149 of IPC.
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 petitioners- accused Nos.1 and 3 under Section 439 of Cr.P.C seeking their release on bail in Crime No.241/2018 of Srirampura Police Station for the offences punishable under Sections 120(B), 148, 201, 212, 307, 325, 326, 341, 354, 395, 427, 450, 506(B) read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioners/accused Nos.1 and 3 and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that the petitioner/accused No.1 is the brother of V.Dharma who is the father of first informant. The house No.168 situated in 2nd Cross, 2nd Main, Hanumanthapura, Srirampura, Bengaluru was owned by V. Dharma and it was transferred to the name of his wife and daughter. Part of the property was given to the tenants and in some of the part, the complainant and her mother was in possession. It is further alleged that the petitioners were trying to evict the complainant and her mother from that house in order to get the property. They also gave threat in this behalf. The mother of the complainant also filed a complaint. The petitioners/accused persons were arrested and got released on bail. It is further alleged that on 25.11.2018 at about 5.00 a.m., the petitioners/accused persons and their henchmen trespassed into the house of the victim, assaulted the complainant Shwetha and her mother with long, machete and other dangerous weapons with an intention to commit murder. By hearing hue and cry, the tenant Jayalakshmi came there and she was also assaulted by the accused persons by lethal weapons. Therefore, the complainant and her mother were shifted to Victoria Hospital. At present, the complainant is taking treatment at Priya Nursing Home and Jayalakshmi is taking treatment at K.C. General Hospital. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioners that this Court while disposing the Cri.P No.369/2019 and other connected matters has given a liberty to the accused persons to apply for regular bail after discharging of the injured persons from the hospital. It is his further submission that now the injured persons have been already discharged from the hospital and already the charge sheet has been filed and the injured persons are out of danger and there is no risk to their life. It is further submitted the petitioners are ready to abide by the conditions imposed by this Court and ready to offer surety. It is submitted that the accused persons were not having any intention to cause the death of the injured persons. He further submitted there was no ill-treatment or harassment by the accused persons. He further submitted that because of the civil dispute, a false case has been registered against the petitioners/accused Nos.1 and 3. On these grounds, he prays to allow the petition and to release the petitioners on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the civil dispute is pending between the petitioners and mother of the complainant and as many as 54 cases have been registered as against the petitioners. It is further submitted that petitioners/accused Nos.1 and 3 are habitual offenders and even the injured persons have suffered with grievous injuries and they are still taking treatment in the hospital. There are specific overt acts against the petitioners. He further submitted that if the petitioners/accused No.1 and 3 are enlarged on bail, as they are habitual offenders they may indulge in similar type of criminal activities. 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 contents of the complaint and other material, it clearly goes to show that there was some civil dispute between the accused persons and mother of the complainant. Even there was a threat given by the petitioners/accused No.1 and 3 to the victim and the complaint was registered in this behalf with Commissioner of Police. It is the matter which has to be considered only at the time of the trial. This Court while disposing the above said Criminal Petition has given a liberty to apply for regular bail after discharging of the injured persons. Now, the learned High Court Government Pleader also fairly submitted that already the injured persons have been discharged from the hospital. When the injured persons have been discharged from the hospital, charge sheet has been filed and the injured persons are out of danger, the only allegation as against the petitioners is that they have assaulted with lethal weapons which is not punishable with death or imprisonment for life. It is the matter to be appreciated and considered only at the time of the trial.
8. Though it is contended by the learned High Court Government Pleader that the petitioners/accused Nos.1 and 3 are habitual offenders but it can be taken care by imposing some stringent conditions. Hence, I feel that accused Nos.1 and 3 are entitled to be released on bail. In that light, petition is allowed.
9. Petitioners/accused Nos.1 and 3 are enlarged on bail in S.C. No.686/2019 on the file of LXXI Additional City Civil & Sessions Judge, Bengaluru City arising out of Crime No.241/2018 of Srirampura Police Station for the offences punishable under Sections 120(B), 450, 148, 341, 325, 326, 307, 427, 395, 354, 212, 506(B) and 201 read with Section 149 of IPC subject to the following conditions:
1. Petitioner/accused Nos.1 and 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakh only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in a month on every 1st till the trial is concluded.
4. They shall not tamper with the prosecution evidence directly or indirectly.
5. They shall not indulge in similar type of activities. However, if there is violation of any conditions then the trial Court is at liberty to cancel the bail.
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JUDGE nms