IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6162/2018 BETWEEN:
1. Sunil @ Sunil Poojary Aged about 32 years, S/o Shekar Poojary, R/at Laxmi Kripa House, Near MOC transport, Thannir bhavi, Mangaluru – 575 010.
2. Dheeraj @ Dheeraj Poojary, Aged about 25 years, S/o Late Shekar Kotiyan, R/at Near Ganapathi Katte, Thannirbhavi, Mangaluru – 575 010.
(By Sri. P. Karunakar., Adv.,) AND:
The State by Panambur Police Station, Mangaluru.
Represented by the Learned Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001.
(By Sri. M. Divakar Maddur., HCGP) ...Petitioners ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No. 7/2018 of Panambur P.S., Mangalore for the offence P/U/S 143, 147, 148, 120B, 109, 302 r/w 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.3 and 5 under Section 439 of Cr.P.C. seeking their release on bail in Crime No.7/2018 of Panambur Police Station for the offences punishable under Sections 143, 147, 148, 120(B), 109 and 302 read with Section 149 of IPC.
2. I have heard the learned counsel for petitioner and learned High Court Government Pleader for respondent-State.
3. It is the submission of the learned counsel for the petitioners that already the charge sheet has been filed and the petitioners/accused Nos.3 and 5 are not required for the purpose of further investigation or interrogation. It is further submitted that though the complainant is the eye-witness to the alleged incident, the complaint itself clearly go to show that after hearing the screaming voice, he came late and there is no question that the complainant seeing the accused persons assaulting the deceased. Only on the basis of animosity, which was existed between the deceased and accused, the petitioners/accused Nos.3 and 5 have been falsely implicated in this case. The complaint also indicates that the allegations are against all the accused persons. There are no specific overt-acts attributed against the petitioners/accused Nos.3 and 5. It is further submitted that the petitioners/accused Nos.3 and 5 are ready to abide by the conditions imposed on them by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that the complainant is the eye-witness to the alleged incident and the name of the petitioners/accused Nos.3 and 5 are also reflecting in the complaint. It is further submitted that all the accused persons have assaulted the deceased and the deceased has sustained ten injuries and the accused petitioners have assaulted the deceased with lethal weapons and caused the death. The alleged offences are punishable with death or imprisonment for life and there is prima-facie material to show that the petitioners/accused Nos.3 and 5 along with other accused persons have involved in the alleged crime. 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 both the parties and perused the records.
7. On close reading of the contents of the compliant and other materials, it clearly go to show that immediately after the alleged incident, CW.1 - the complainant went to the place and there he saw the accused persons assaulting the deceased. Thereafter, the complaint has been registered at about 8.15 p.m., soon after the alleged incident. Even in the complaint, the name of the petitioners/accused Nos.3 and 5 are also found and therein, it has been clearly stated that all the accused persons, with an intention to eliminate the deceased, have assaulted with lethal weapons and caused the injuries. Under the said facts and circumstance, I feel that the alleged offences are punishable with death or imprisonment for life and there is serious overt-acts alleged against the petitioners/accused Nos.3 and 5. Under the said facts and circumstance, the petitioners/accused Nos.3 and 5 have not made out any good grounds to release them on bail on bail. Hence, petition stands dismissed.
VBS Sd/- JUDGE