IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8449 OF 2019 BETWEEN:
Dhanraju Aged about 29 years S/o. Palbrahmaiah Presently R/at No.247, Shree Sigandhureshwari Nilaya 9th Cross, Kasavanahalli Off Sarjapura, Bengaluru-560 035.
(By Sri. C. Babu, Advocate) AND:
State by Electronic City Represented by Senior Public Prosecutor High Court Complex Bengaluru-560 001.
(By Sri. M. Diwakar Maddur, HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 439 Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.31/2018 of Electronic City police station, Bengaluru city for the offence punishable under Section 302, 120-B read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER This petition has been filed by the petitioner- accused No.3 under Section 439 of Cr.P.C., seeking to enlarge him on bail in Crime No.31/2018 of Electronic city police station for the offence punishable under Section 302, 120(b) and read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent State.
3. The facts of the case are that, the accused and deceased were relatives and in the year 2005 accused who was in jail was released and thereafter accused Nos.1 to 3 involved in petty cases like committing theft. It is further alleged that accused No.1 was under the impression that deceased suresh and his followers were responsible for him to send to jail and the petitioner-accused was also held in this behalf. After he was released from jail, accused No.1 started demanding compensation of Rs.30 lakhs from the complainant. Subsequently, he did not agree to pay the said amount. In that light, accused No.1 to 3 by holding lethal weapons came with an intention to finish off the deceased. On 21.2.2018 at about 9.20 a.m near electronic city bus stand, the deceased was standing along with CW12 and CW17, at that time accused Nos.1 to 3 chased the deceased and the deceased in order to escape started running and he went to the traffic signal and he boarded a bus. The accused persons also chased and boarded the bus and thereafter accused No.1 assaulted with long and accused No.3 stabbed with a knife on his back. Accused No.2 also assaulted with long and when the deceased fell down, again accused Nos. 1 and 2 along with accused No.3 stabbed him repeatedly. As a result of the same, the deceased died on the spot. On the basis of the complaint, a case has been registered.
4. It is the contention of the learned counsel for the petitioner that already charge sheet has been filed and petitioner-accused is not required for further investigation or interrogation. It is further submitted that no test identification parade has been conducted in order to identify the accused. Identification has been done in the police station that too after two months. He further submits that CWs.12-19 are the relatives of the deceased and they are interested witness. Petitioner is ready to abide by the conditions imposed by this Court. On these grounds, he prays to allow the petition.
5. Per contra learned counsel for the respondent-complainant vehemently argued and submitted that accused Nos.2 and 3 are the children accused No.1 and accused No.1 is involved in 53 cases.
He further submits that because of the earlier animosity, the accused persons have chased the deceased and have assaulted with lethal weapon and CWs.12 to P17 are the eye witnesses to the said incident. He further submitted that CCTV footages collected during the course of investigation shows the accused persons running away from the spot immediately after the incident. It is further submitted that accused No.3 has stabbed with the knife. Medical evidence also corroborates with the said statement of the eye witness. He further submitted that 20 injuries have been found on the body of the deceased and the knife which has been used for the purpose of the offence. 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 the parties and perused the records including charge sheet material which has been made available.
7. On going through the records, it indicates that because of the earlier animosity, accused Nos.1, 2 and 3 chased and assaulted the deceased. Accused No.3 also stabbed with knife and even the medical report also supports the case of the prosecution. It is the contention of the learned High Court Government Pleader that Petitioner-accused No.3 has been involved in a serious offence which is punishable with death or imprisonment for life and there are eye witnesses to the alleged witness.
8. Taking into consideration the above said facts and circumstances, it is not a fit case to release the petitioner-accused No.1 on bail. Hence, the petition stands dismissed.
Sd/- JUDGE ag