IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4000 OF 2019 BETWEEN:
VENUGOPAL S/O MURTHI AGED ABOUT 29 YEARS R/AT NO.442, 6TH CROSS ULLALU UPANAGAR BENGALURU – 560 056 …PETITIONER (BY SRI CHANDRAHASA RAI B., ADVOCATE) AND THE STATE OF KARNATAKA BY BYADARAHALLI POLICE STATION BENGALURU CITY REP. BY STATE SPECIAL PUBLIC PROSECUTOR, HIGH COURT BUILDING BENGALURU – 560 001 …RESPONDENT (BY SRI K.P.YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.58/2019 (C.C.NO.6150/2019) OF BYADARAHALLI P.S., RAMANAGARA FOR THE OFFENCE P/U/S 143, 147, 148, 323, 341, 504, 506, 302, 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent- State. Perused the records.
2. The factual matrix of the case as devolved in the charge sheet is that on 16.2.2019 at about 9.15 p.m., while the deceased Yogesh was returning along with the complainant and another person by name Abhishek on a motor cycle, when they came near RTO Office, at that time, the accused persons came there and intercepted the way of the deceased and others and they started quarreling with each other. Thereafter, they took the deceased near Om Shakthi temple and with an intention to do away the life of the deceased Yogesh, it is alleged that accused No.1 took a cricket bat and assaulted on the head and other parts of the body of the deceased. Due to the said assault, he fell down and sustained severe injuries and later succumbed to those injuries. Other accused persons assaulted the deceased with their hands and kicked the deceased with their legs. Except that, it appears that there are no specific allegations so far as other accused persons are concerned. Learned Sessions Judge has rejected the bail petition filed by the petitioner.
3. On a careful perusal of the charge sheet papers, CWs-3, 5, 7, 8 and 9 are the eye-witnesses, who have stated about the overt acts of the accused assaulting the deceased on the head with a cricket bat and the deceased sustaining severe injuries and later succumbed to those injuries. When the eye-witnesses have given an explanation as to the delay in giving the statement as well as the threat given by the accused persons to them, etc., in my opinion, at this stage, it is too premature to overcome the statement of those witnesses.
4. Under the above said circumstances, I do not find any strong reason to enlarge the petitioner on bail.
The petition deserves to be dismissed. Accordingly, it is dismissed.
Sd/- JUDGE KNM/-