IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7062 OF 2019 Between:
Vivek C S/o Channappa Aged about 22 years Byadrahalli Village Kundana Hobli Devanahalli Taluk 562 110 (by Shri M. Shashidhara, Advocate) And:
1. State of Karnataka By Vishwanathapura Police Station Represented by SPP High Court of Karnataka Bengaluru 560 001 2. Sri Muniyappa S/o Ramaiaha Aged about 60 years Vishwanathapura Village Kundana Hobli Devanahalli Taluk Pincode 562 110 (by Shri Honnappa, HCGP for R1; R2 served and unrepresented) …Petitioner …Respondents This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.93 of 2019 of Vishwanathapura Police Station, Bengaluru City for the offence punishable under Section 302, 201 of IPC and Section 3(2)(v) of SC/ST (POA) Act.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Though Notice issued to Respondent No.2 - complainant is served as per the submission made by the learned High Court Government Pleader, Complainant remained absent.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the first respondent-State. Perused the records.
3. The petitioner is arraigned as accused No.2 in the charge sheet filed by the respondent-Police for the offence punishable under Sections 302 and 201 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
4. The brief facts of the case are that on 29th July, 2019 in the night hours at about 8.00 p.m., it is alleged that at a place called Byadarahalli village near hillock, the accused No.1 to 4 gathered there and they quarrelled with deceased-Anand. In that context accused No.3 has taken out the club and assaulted on hips of the deceased-Anand. Thereafter accused No.1, 2 and 4 also assaulted the deceased. When he was running away from the spot, he fell down and accused No.2 caught hold of him by his hand and neck and accused No.1, 3 and 4 assaulted the deceased with club and caused severe injuries out of which he succumbed to the injuries later.
5. The entire case revolves around the circumstantial evidence. Except the materials on record that they gathered together and went away, there is no such circumstance showing that the accused and deceased were seen together just before the death of the deceased and there are no eye-witnesses ,and more so, there is no recovery from accused No.2 from the spot. The police have only recovered a bottle and a burnt candle.
6. Looking to the above said facts and circumstance as narrated, and the circumstance as depicted against the accused, in my opinion, at this stage, the petitioner is entitled to be enlarged on bail as no motive is depicted in the charge sheet itself as to why such an offence has been committed by the accused persons and all these things have to be thrashed out during the course of full-fledged trial. Hence, the petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.93 of 2019 of Vishwanathapura Police Station registered for the offence punishable under Sections 302 and 201 of the Indian Penal Code and Section 3(2)(v) of the SC/ST (POA) Act, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like- sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE lnn