IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7798/2018 BETWEEN VINAY @ K B S/O LATE KUMAR AGED ABOUT 29 YEARS, R/O NO.163, PAPANNA BUILDING, DYNAMATIC FACTORY ROAD CHOKKASANDRA BANGALORE-91 ... PETITIONER (BY SRI SYED AKBAR PASHA, ADV.) AND STATE BY BASAVESHWARA NAGAR POLICE BENGALURU R/P BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001 ... 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 CR.NO.157/2018 REGISTERED BY BASAWESHWARA NAGAR POLICE STATION, BENGALURU AND IN C.C.NO.22198/2018 PENDING ON THE FILE OF V ADDL.C.M.M., BENGALURU FOR THE OFFENCE P/U/S 302 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., seeking his release on bail in Crime No.157/2018 of Basaveshwara Nagar Police Station (C.C.No.22198/2018) for the offences punishable under Sections 302 r/w 34 of IPC.
2. I have heard learned counsel for the petitioner and learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that deceased Gopi and the accused were friends and they used to take drinks together and deceased used to demand money from the accused. In this context, enmity developed between the accused and deceased-Gopi and accused No.1 took knife from his house and both accused called deceased-Gopi to come near Auto Stand of Kurubarahalli pipeline, Kaveri Nagar and took up quarrel with the deceased and accused No.1 stabbed Gopi with Knife on his head and when Gopi tried to escape, accused No.2 hold Gopi and accused No.1 assaulted with knife on his stomach and committed bleeding injuries and as a result, Gopi died on the spot.
4. It is the submission of learned counsel for the petitioner that charge sheet has already been filed and there is a delay in filing the complaint. He further submitted that CW.6 and CW.10 are the eyewitnesses and their statements have been recorded on 15.05.2018 and there is a delay in recording the statements. Though, they are present in the spot, they have not filed any complaint nor informed the complainant about the alleged incident. That itself creates a doubt about the presence of the eyewitnesses at the spot of the alleged incident. He further submitted that testimony of the eyewitnesses is to be verified and examined. Prima-facie, they are not trustworthy and reliable. Hence, the accused/petitioner is entitled to be released on bail. He further submitted that deceased used to demand money is the main enmity to take away the life of the deceased. He further submits that the petitioner/accused is ready to abide by any condition to be imposed on him by this Court and ready to offer surety. On these grounds, he prays to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is a motive to the alleged crime. CW.6 and CW.10 are the eyewitnesses to the alleged incident. They are categorically stated that accused No.1 is the person who assaulted the deceased with knife and because of the bleeding injuries, deceased died on the spot. He further submitted that the allegations are directly as against the petitioner/accused No.1 and the knife is also recovered at the instance of the accused No.1 and he is involved in serious offence which is punishable with death or imprisonment for life. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials would reveal that CW.6 and CW.10 are the eyewitnesses to the alleged incident. Even the statements of the said eyewitnesses have been recorded on 15.05.2018. There is no inordinate delay in recording the statements of the eyewitnesses. Though, it is stated that eyewitnesses have not given any complaint nor informed the complainant about the alleged incident, nobody wants to enter themselves into the criminal activities and to waste their time. Even the evidence recorded goes to show that it is the petitioner/accused No.1 who has brought the knife from his house and thereafter, assaulted on the head, stomach and other parts of the deceased and as a result of the same, the deceased succumbed to the injuries.
8. Under the said facts and circumstances, there are no good grounds made out by the petitioner to release him on bail that too when a serious overt-acts have been alleged as against the petitioner/accused No.1. Hence, I feel that it is not a fit case to release the petitioner/accused on bail.
Accordingly, the petition stands dismissed. The trial Court is directed to expedite the trial.
Sd/- JUDGE VM CT:HR