Karnataka High Court
Dharshan vs The State Of Karnataka on 10 April, 2019
Equivalent citations: AIRONLINE 2019 KAR 887
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.1102/2019
BETWEEN:
1. Dharshan,
S/o Manjunatha,
Aged about 26 years,
R/at No.919, 10th Cross,
10th Main Road,
Shrinagara,
Bangalore - 560 050.
2. Bharath,
S/o Nagaraj,
Aged about 23 years,
R/at No.41/4, 5th Cross,
T.G.Layout, Hittamodagu,
Bangalore - 560 085.
3. Manjunatha @ Symonds,
S/o Chandraprasad,
Aged about 22 years,
R/at No.12/A, 8th Cross,
Near Shrinagara Bus Stand,
Shrinagara,
Bangalore - 560 050.
4. Rakesh @ Ayyiah,
S/o Sajjan Rao,
-2-
Aged about 23 years,
R/at No.75, 2nd Cross,
Opposite Kamala Nursing
Home, Shrinagara,
Bangalore - 560 050.
5. Manu Kumar R.,
S/o Ramalingam M.,
Aged about years,
R/at No.903, 8th Cross,
Yamuna River Road,
Shrinagara,
Bangalore - 560 050.
...Petitioners
(By Sri.B.Anand, Advocate for
Sri. M.V. Raghu, Advocate)
AND:
The State of Karnataka,
Bytarayanapura P.S.,
Represented by
Learned Public Prosecutor,
High Court Complex,
Bangalore.
...Respondent
(By Sri. M.Divakar Maddur, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C. praying to enlarge the petitioners on bail in the
event of their arrest in Cr.No.8/2019 of
Byatarayanapura Police Station, Bengaluru City for the
offences P/U/S 341, 141, 144, 148, 307, 506-B, 427
read with Section 149 of IPC.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
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ORDER
This petition has been filed by the petitioners/accused Nos.1 to 5 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.8/2019 of Byatarayanapura Police Station for the offences punishable under Sections 341, 141, 144, 148, 307, 506(B) and 427 read with Section 149 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 06.01.2017 at about 11.30 p.m., the complainant and his friends were talking each other in kitchen at Vidhara Kendra. At that time, accused petitioners suddenly entered into the kitchen by holding deadly weapons and assaulted the complainant with Daggers, Beer bottles, Machhu and caused injuries and also threatened with life. -4- Thereafter, they came out and damaged the Innova car belonging to the complainant. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for petitioners that the alleged incident has taken place on 06.01.2019 and the complaint was registered on 07.01.2019. There is delay of one day in filing the complaint. It is further submitted that in the entire contents of the complaint there is neither motive nor intention to commit the murder. The petitioners/accused Nos.1 to 5 and the complainant are friends and in casual manner the alleged incident has taken place. Further it is submitted that the injured- complainant has been treated and discharged on 08.01.2019 and has sustained simple injuries and also he is out of danger. The alleged offences are not punishable with death or imprisonment for life. They are ready to abide by the conditions imposed on them -5- by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 to 5 on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners/accused Nos.1 to 5 have come with lethal weapons and have entered the kitchen and also assaulted the complainant. Thereby, they have damaged the Innova car. They are intending to take away the life of the complainant. The petitioners/accused Nos.1 to 5 are absconding and they were not available for the purpose of investigation or interrogation. If they are released on bail, they may tamper with the prosecution evidence and may not be available for trial. On these grounds, he prayed to dismiss the petition.
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6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials, it indicate that though there is an allegation to the fact that the petitioners/accused Nos.1 to 5 have entered the kitchen and thereafter, they have assaulted the complainant with Daggers, Beer bottles, Machhu and caused the injuries, but no where the motive or intention has been expressed. Be that as it may. Even the records disclose the fact that the injured was taken to Srinagar Hospital and there, he was treated and got discharged on 08.01.2019. The injuries suffered by him are also simple in nature and he is out of danger. The alleged offences are not punishable with death or imprisonment for life and the petitioners/accused Nos.1 to 5 are ready to abide by the conditions imposed on them by this -7- Court. Under such circumstance, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.1 to 5 are ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioners/accused Nos.1 to 5 are ordered to be released on anticipatory bail in the event of their arrest in Crime No.8/2019 of Byatarayanapura Police Station for the offences punishable under Sections 341, 141, 144, 148, 307, 506(B) and 427 read with Section 149 of IPC subject to the following conditions:
1. Petitioners/accused Nos.1 to 5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.-8-
2. They shall surrender before the Investigating Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall not leave the jurisdiction of the Court without prior permission
5. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
6. They shall not indulge in similar type of criminal activities.
Sd/-
JUDGE VBS