IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6206 OF 2019 BETWEEN :
1. SHRI. T.HEMANTHA, S/O. THAYAPPA, AGED ABOUT 23 YEARS, RESIDING AT BAHADDOOR PURA, 23RD WARD, ANEKAL TOWN, BENGALURU URBAN DISTRICT-560 106.
2. SHRI. VASEEM PASHA @ VASEEM, AGED ABOUT 24 YEARS, S/O. ABDULLA KHALIK, RESIDING AT NO.6/139, 21ST CROSS, NAZIR AHMED LAYOUT, ANEKAL, BENGALURU-560 106.
(BY SRI: RANGANATH REDDY R., FOR SRI. JAGADEESH M.L., ADVOCATES) AND :
STATE OF KARNATAKA, BY ANEKAL POLICE STATION, ANEKAL, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
... PETITIONERS ... RESPONDENT (BY SRI: HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.77/2019 (C.C. NO.1193/2019) REGISTERED BY ANEKAL POLICE STATION, BENGALURU DISTRICT, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., ANEKAL FOR THE OFFENCE P/U/S 143, 147, 149 AND 302 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioners and the learned HCGP for the respondent- State. Perused the records.
2. Petitioners are arraigned as Accused Nos.4 and 6 in Crime No.77/2019 of Anekal Police station for the offence punishable under Sections 143, 147, 149 and 302 of IPC.
3. Brief facts of the case are that, a person by name Madhusudhan, who is none other than the brother of the deceased has lodged a complaint stating that on 13.04.2019, his brother Loknath’s body was found in hospital. He went to Government hospital and saw the dead body and suspected that, Harish and Ravi and his associates must have committed the murder of Loknath. On that, police have registered the case and investigated the matter and submitted the charge-sheet.
4. Charge-sheet papers disclose that Harish had some grudge against the deceased-Loknath and he conspired with other accused persons and committed the murder of the deceased. Specific allegations are that on 13.04.2019, at about 9 am, the accused persons had been to the house of deceased. They were all armed with choppers and clubs particularly, it is alleged that accused were armed with clubs and choppers and were chasing the deceased. He escaped from the clutches of accused persons and went to the house of CW4- Venkatalaxmamma and locked the door from inside. Unfortunately, all accused Nos.1 to 6 entered into the said house from another door and accused No.1 has assaulted the deceased two to three times with chopper on the neck of the deceased. Accused No.2 assaulted with chopper on the head and shoulder portion. The allegations against the petitioners is that they were holding clubs and they assaulted the deceased Lokanath.
5. This Court had an occasion to deal with the bail application filed by Accused No.5 who stands on the same footing as that of the petitioners. There is no allegations in the charge sheet about the overt-act of Accused No.5 though he was armed with chopper. Considering the overt-acts of the petitioners specifically this court has observed that the common intension has to be established during the course of full fledged trial. Therefore, the allegations made against the petitioners have to be tested with the other materials on record. Though the incident has occurred on 13.04.2019, the investigation officer has not relied on the statements of the eye witnesses, but their statements were recorded on 19.06.2019, more than two months later. The post mortem examination report also disclose that the deceased has only sustained chop wound and the report disclose that he died due to multiple chop wounds. There is no other injuries mentioned so far with reference to the weapons used by the petitioners that the assault actually made by the petitioners have to be established during the course of full fledged trial.
6. Under the above said facts and circumstances, as the same allegations are made against accused who were released on bail, these petitioners are also entitled to be released on bail as the entire allegations are against Accused Nos.1 and 2 who actually mercilessly assaulted the deceased with choppers, due to which chop wounds were caused on the vital part of the body of the deceased and further, these petitioners have specifically alleged to have assaulted on the legs of the deceased. Hence, the following order :
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.77/2019 of Anekal Police Station for the offence punishable under Sections 143, 147, 149, 302 of IPC, subject to the following conditions:
(i) The petitioners shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties each for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
Sd/- JUDGE Snc