IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6576 OF 2019 Between:
Vinaya @ K.B S/o Late Kumar Aged about 30 years R/at No.163, Papanna Building Dynamitic Factory Road Chokkasandra Bengaluru-560073. ...Petitioner (By Sri Jagadeesha.H, Advocate) And:
The State of Karnataka, By Basaveshwara Nagar Police Station Bengaluru-560069 Rep. by its Public Prosecutor High Court Complex Bengaluru-560001. ... Respondent (By Sri.M.Diwakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.157/2018 (S.C.No.1917/2018) of Basaveshwara Nagar Police Station, Bengaluru City for the offence punishable under Section 302 read with 34 of IPC and etc., This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition has been filed by the petitioner- accused No.1 under Section 439 of Cr.P.C., to enlarge him on bail in crime No.157/2018 of Basaveshwara Nagar police station for the offence punishable under Section 302 read with Section 34 of IPC.
2. I have heard the learned High Court Government Pleader.
3. The learned counsel for the petitioner- accused No.1 inspite of giving sufficient opportunity he has not present and has represented the case.
4. The gist of the complaint is that deceased Gopi and the accused were friends and they used to take drinks together and deceased used to demand money from the accused. In this context, enmity developed between the accused and deceased-Gopi and accused No.1 took knife from his house and both accused called deceased-Gopi to come near Auto Stand of Kurubarahalli pipeline, Kaveri Nagar and took up quarrel with the deceased and accused No.1 stabbed Gopi with knife on his head and when Gopi tried to escape, accused No.2 hold Gopi and accused No.1 assaulted with knife on his stomach and committed bleeding injuries and as a result, Gopi died on the spot.
5. It is contended in the petition that the petitioner is innocent and a false and fabricated case has been registered as against him and no allegation as against the petitioner-accused No.1 for having assaulted the deceased on his head and stabbed to the stomach. It is his further submission that CW.6 and CW.10 are not the eye witnesses and their statement has been recorded on 15.05.2018. He further submitted that there is no prima-facie material as against the petitioner-accused No.1. The petitioner-accused No.1 is ready to abide by the conditions imposed by this Court and ready to offer surety. On these ground he prays to allow the petition and release the petitioner-accused No.1 on bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is motive to the alleged crime and CW.6 and CW.10 are the eye witnesses to the alleged incident and they have categorically stated that accused No.1 is the person who assaulted the deceased with knife and because of the bleeding injuries deceased died on the spot. It is his further submission that earlier the accused No.1 has approached this Court and this Court by considering the merits of the case has dismissed the petition on 16.04.2019 and no new grounds have been made out. On these grounds he prays to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. It is not in dispute that earlier the petitioner- accused No.1 has approached this Court in Criminal Petition No.7798/2018, this Court by considering the merits of the case has dismissed the petition on 16.04.2019 and no new grounds have been made out so as to revive the right of bail.
In that light, the petition stands dismissed.
Sd/-
JUDGE ssb