IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.4238/2019 Between:
Tabrez @ Auto Tabrez, S/o.Abdul Bakash, Aged about 26 years, R/at No.10, 2nd Cross, Babu Building, Someshwara Layout, Behind Vijayalakshmi Bakery, Hulimavu, Bengaluru-560 076. ... Petitioner (By Sri.Chandrappa K.N., Advocate) And:
The State of Karnataka, Hulimavu Police Station, Bengaluru, Rep. By State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Sri.K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.266/2017 of Hulimavu Police Station, Bengaluru City for the offence punishable under Section 302 of IPC.
This Criminal Petition is coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.266/2017 of Hulimavu Police Station, Bengaluru City for the offence punishable under Section 302 of IPC.
2. I have heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for the respondent-State.
3. The gist of the case is that CW-1 was doing chit business at the rate of Rs.600/- per week. The mother of the petitioner/accused is also one of the member of the said chit. Since three months, mother of the accused did not pay the chit amount, CW.1 demanded the chit amount from her, but she was avoiding the same. It is further alleged that on 04.10.2017, at about 6.00 p.m. when CWs.9 and 10 paid the chit amount, CW.1 again demanded the chit amount from mother of the petitioner/accused. At that time, there was some exchange of words between them, then the brother of CW.1-the deceased who was standing at the ground floor told CW-1 that as to why she doing chit business with mother of the accused. Being enraged by the same, the petitioner/accused abused the deceased and assaulted CW.10 and immediately by taking the plastic pots, the petitioner/accused assaulted the deceased on his chest and as a result, he fell down on the ground floor and immediately he was shifted to Fortis Hospital and he succumbed to death. On the basis of the complaint, a case was registered against the petitioner/accused.
4. It is the submission of the learned counsel for the petitioner/accused that the accused is in judicial custody and no progress has been made so far even after dismissal of the bail application by this Court. He further submitted that at the most, the offences may fall under Section 304-II of IPC. The petitioner/accused is ready to abide by any of the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the alleged incident has taken place due to the chit business of the complainant, mother of the accused and other persons. He further submitted that CWs.9 to 16 are the eye-witnesses to the alleged incident and in their statement they have stated about the overt acts of the petitioner/accused assaulting the deceased and he died due to the injuries suffered at the hands of the petitioner/accused.
6. He further submitted that already the petitioner/accused has approached this Court in Criminal Petition No.4554/2018, this Court after considering the merits of the case has dismissed the petition on 15.09.2018. There are no changed circumstances whatsoever, on this ground he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
8. The learned High Court Government Pleader submits that the petitioner-accused has approached this Court in Criminal Petition No.4554/2018 and this Court, after considering the merits of the case, dismissed the bail application on 15.09.2018. Only on the ground urged by the learned counsel for the petitioner/accused that there is no progress in the case and the accused is languishing in jail, is not a good ground to re-entertain the petition and there are no changed circumstances.
9. In the light of the discussion held by me, the above petition is devoid of merits and accordingly, petition is dismissed. However, the petitioner/accused is at liberty to file a fresh bail application after the material eyewitnesses i.e., CWs.9 to 16 are examined before the Court below.
Sd/- JUDGE NR/RG