IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.2243/2019 BETWEEN Govindaraju, S/o late Srinivasa, Aged about 27 years, R/at No.199, 1st Main, 8th Cross, Manjunathanagar, Nagasandra, Bangalore-560040.
(Now in Judicial Custody At Central Prison, Bangalore) ... Petitioner (By Sri. Hashmath Pasha, Senior Advocate for Mr. Hashmath Pasha Assts., Advocate) AND State of Karnataka, By Bagalagunte Police Station, Bangalore-560030.
(Represented by Learned State Public Prosecutor) High Court of Karnataka, Bangalore-560001.
(By Sri. I.S.Promod Chandra, SPP-II for Respondent/State) ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.3/2019 of Bagalagunte Police Station, Bangalore for the offence punishable under Section 120(B), 448, 143, 144, 146, 149, 147, 148, 504, 307 read with 149 of IPC and etc.
This Criminal Petition coming for Orders on this day, the court made the following:
ORDER This petition is filed by accused No.2 under Section 439 of Cr.P.C. for grant of bail.
2. The petitioner is the accused No.2 in Crime No.3/2019 registered by Bagalgunte Police for the offences punishable under Sections 120(B), 448, 143, 144, 146, 149, 147, 148, 504, 307 read with 149 of Indian Penal Code.
3. The complainant Gangadhar has filed the complaint before the Police and as per the allegation, alleging that the accused Nos.1 to 8 with a common object formed an un lawful assembly went to the room of the complainant, where he was staying in his friend’s room Chandru along with Santhosh, Raju, Ranga and Tatoo Jagga assaulted him with chopper on his head and other parts of the body, when the CW.2 and other came for rescue they have also assaulted with chopper and long. After registering the case the Police arrested the petitioner and others, he is in Judicial Custody from 10.01.2019.
4. The learned Senior counsel for the petitioner contended that though there were eye witnesses present at the spot, but the name of the petitioner is not mentioned in the complaint as well as in the statements. The overt act attributed against the petition is that he has assaulted C.W.4. on his leg. Even otherwise there is no recovery is made from this petitioner. The investigation is already completed and charge sheet has been filed against the petitioner for the alleged offences, though the offence is non-bailable, but not punishable with death or imprisonment of life. At the most the offence U/s 326 may attract, which is not punishable with death or imprisonment of life. Hence, prays for granting of bail.
5. Learned SPP-II, Sri I.S.Promod Chandra, argued that there is sufficient material to connect accused with crime, he has also assaulted CW.4, the other accused assaulted CWs.1 and 2, the injury caused by accused persons were with the common object they visited the house of the complainant in respect of previous enmity between CW.1 and accused Nos.1 and 2 assaulted, the CW.4 on his leg. There is recovery of the weapon from the hands of this petitioner. The petitioner are habitual offenders, that they were involved in so many cases registering in surrounding Police Station. There is no sufficient ground made out in this petition. Hence, he prays to dismiss the petition.
6. Having heard the arguments and perused the records. No doubt this petitioner said to be assault C.W.4 on leg with chopper, but all other accused persons with common object went to the room of CW.1, where he has stayed and assaulted with knife with deadly weapons, the hand of CW.2 has been chopped and cut off by the accused No.3 with chopper. At this stage this court cannot bifurcate intention and overt act of the each and other accused and Court cannot presumed at this stage there is no intention of the petitioner to commit murder of the complainant and other person, the charge sheet is filed after the completion of the investigation and though his name is not mentioned in FIR but subsequently his name has been shown as accused. Even, otherwise looking to the facts and circumstances of the case. Though the alleged offences are not punishable with death or imprisonment of life but, this petition has been involved in so many offences under Section 307 of IPC and co-accused were involved in murder cases. Therefore the bail is granted to this petition, there is every possibility of committing the similar offences and tampering the witnesses and absconding from the case is not ruled out. Therefore, I do not find any good ground to grant bail to this accused/petitioner. Hence, the petition is dismissed.
SD/- JUDGE rv/gjm