IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.720 OF 2018 BETWEEN:
Sri. Yashwantha, S/o. Sri. K Madhav, Aged about 40 years, Residing at Kadri Shet Garden, Kadri Joerge Martis Road, Near Kadri Temple, Kadri, Mangalore-576101. ...Petitioner (By Sri. Abdul Ansar P, Advocate for Sri. Abubacker Shafi, Advocate) AND:
Station House Officer, Barke Police Station, Mangalore, Represented by State Public Prosecutor, High Court Building, Bengaluru-560001. ...Respondent (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.50/2016 (S.C.No.93/2017) of Barke Police Station, Mangaluru City for the offence punishable under Sections l302, 324, 307, read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused No.4 under Section 439 of Cr.P.C. to release him on bail in Crime No.50/2016 of Barke Police Station, Mangalooru City for the offences punishable under Sections 302, 324, 307 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The brief facts of the case of the prosecution is that on 08.05.2016 at about 4:30 p.m., the complainant and the deceased were sitting in KSRTC bus stand in B.G. Complex, at that time, four persons came in an auto rickshaw bearing registration No.KA-19-AB-3624, due to previous enmity, the said persons who came in an auto rickshaw near the place where they were sitting, started pelting stones and also started to assault with the wooden stick and at that time, the driver of the auto rickshaw got down from the auto and by taking the knife which was with him, pierced to the abdomen and caused the bleeding injuries. Immediately, the deceased fell down and when the complainant came for his rescue, the remaining accused persons assaulted him with the stones and the stick and immediately the injured was taken to A.J.Hospital and the Doctor after examination, declared him as dead. The injured also took the treatment and thereafter, filed a complaint.
4. It is the submission of the learned counsel for the petitioner that there are no specific allegations or overt act made against the petitioner-accused No.4. It is accused No.1 who has caused the fatal injuries to the deceased and because of the said injuries, the deceased died. The only allegation which has been made against the petitioner is that he assaulted the complainant with stones and caused the injuries. The injuries suffered by the complainant are simple in nature and now he is out of danger. There are no specific overt acts and no specific allegations made as against accused No.4- petitioner. He further submitted that the petitioner- accused No.4 is ready to abide by the terms and conditions imposed on him by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.4 on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that due to earlier enmity, with a common intention, the petitioner-accused No.4 along with other accused persons came to the place and in the first instance, they pelted the stones and thereafter, accused No.1 stabbed with the knife and caused grievous injuries and as a result of the same, the deceased died. There are eye witnesses to the alleged incident and the said witnesses have also identified the accused persons. At the instance of the accused, blood stained clothes, weapons and the stones have been recovered. There is ample material to show the involvement of accused No.4- petitioner. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the said material clearly goes to show that it is accused No.1-driver of the auto rickshaw, who got down from the auto and went near the deceased and stabbed with knife and as a result of the same, the deceased suffered with grievous injuries.
The said fact is also substantiated by the Post Mortem Report that therein, the Doctor has opined that the deceased died due to hammerage secondary to injuries sustained to large blood vessel (Abdominal Aorta) resulting from incised penetrating stab wound over the abdomen, which clearly goes to show that because of the stab injury, the deceased died. Even as could be seen from the contents of the complaint and other material that accused No.4 has assaulted the complainant and caused the injuries. Already, the injured has been discharged from the hospital and he is out of danger.
8. Under the peculiar facts and circumstances of the case, I am of the opinion that if accused No.4- petitioner is enlarged on bail by imposing some stringent conditions, it will meet the ends of justice.
In that light, Criminal petition is allowed. Petitioner- accused No.4 is ordered to be enlarged on bail in Crime No.50/2016 of Barke Police Station, Mangalooru City for the offences punishable under Sections 302, 324, 307 read with Section 34 of IPC, subject to the following conditions:
1. Petitioner-accused No.4 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance on the first date of every month between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall be regular in attending the trial.
Sd/- JUDGE RB