IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.5206/2019 BETWEEN:
Venkatesh M., S/o Mani, Aged about 19 years, R/at No.108, 1st Main, 1st Cross, Ambedkar Nagar, Koramangala, Bangalore – 560 047.
(By Sri Anees Ali Khan, Advocate) AND:
State of Karnataka, By Ashok Nagar P.S., Bangalore – 560 050.
Represented by The State Public Prosecutor, High Court of Karnataka, High Court Buildings, Bangalore – 560 001.
(By Sri K.P. Yoganna, HCGP) …Petitioner …Respondent This Criminal Petition filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.
No.378/2017 (S.C. No.593/2018) of Ashok Nagar P.S., Bengaluru City for the offences p/u/s 143, 144, 147, 148, 341, 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 Heard and perused the records.
2. The petitioner is arraigned as accused No.1 in the charge sheet submitted by the respondent police for the offences punishable under Sections 143, 144, 147, 148, 341, 302 read with Section 149 of IPC.
3. Brief allegations made against the accused persons are that due to some previous quarrel between the parties, particularly on 1.10.2017 at about 1.00 a.m., in the early hours of the day, all the accused persons encircled the deceased by name Harish, near the house of the deceased and assaulted him with deadly weapons like long, stones, knife etc. Due to which, the deceased sustained severe injuries and succumbed to the injuries.
4. Later, learned Counsel for the petitioner has relied upon the order passed by this Court in Crl.P. No.7576/2018 wherein accused Nos.5 and 8 have been released on bail. The overt acts of these accused have been specifically and separately considered. It was observed therein that accused No.7 has assaulted the deceased with stone on the head. But the allegation against the petitioner is distinct and separate. He has assaulted the deceased with chopper just below the left side ear and caused severe injuries. Though charge sheet has been filed, the entire charge sheet has not been furnished to the Court.
5. Learned HCGP submits that C.Ws.15 to 19 who are said to be the eye witnesses to the incident have stated the overt acts of accused No.1 specifically that he used the deadly weapon like long and assaulted the deceased. Though there is delay in the statement of eye witnesses, at this stage, it is not essential to over come the statement of the said witnesses. Looking to the allegations made against accused No.1, he stands on different footing than that of accused Nos.5 and 8. I do not find any strong reason to release the petitioner on bail at this stage.
Accordingly, the petition is dismissed.
Sd/- JUDGE Cs