Babu vs State By Basaveshwaranagara P S on 13 July, 2016

[Cites 8, Cited by 0]

Karnataka High Court

Babu vs State By Basaveshwaranagara P S on 13 July, 2016

Bench: K.N.Phaneendra

                         1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 13TH DAY OF JULY 2016

                     BEFORE

  THE HON'BLE MR. JUSTICE K.N.PHANEENDRA

       CRIMINAL PETITION NO.4344 OF 2016

BETWEEN:

BABU
S/O KALEEM
AGED ABOUT 25 YEARS
RES. # 538
2ND CROSS, NGOs COLONY
CHANDRAPPA ROAD
KAMALA NAGAR
BENGALURU - 560 079
                                   ... PETITIONER

(BY SRI. MOHAN KUMAR.D, ADV. FOR
    SRI.BALAGANGADHARA.D, ADV.,)

AND:

STATE BY BASAVESHWARANAGARA P.S.
POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR
CITY CIVIL COURT COMPLEX
BANGALORE - 560 001
                                ...RESPONDENT

(BY SRI. CHETAN DESAI, HCGP)


     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 OF CR.P.C.PRAYING TO ENLARGE THE
PETITIONER ON BAIL IN CR.NO.160/2016 OF
BASAVESHWARA NAGAR P.S., BANGALORE FOR THE
                           2


OFFENCE P/U/S 143, 147, 148, 302, 307 R/W 149 OF
IPC.

    THIS CRIMINAL PETITION COMING ON              FOR
ORDERS THIS DAY, THE COURT PASSED                 THE
FOLLOWING:-

                      ORDER

The petitioner is arraigned as accused No.7 in Crime No.160/2016 for the offences under Sections 143, 147, 148, 302, 307 r/w Section 149 of IPC.

2. The brief allegations as could be seen from the records are that, on 22.4.2016 at about 6.30 P.M. the deceased Raja @ Pot Rajanna standing at the courtyard of his house at Kamalanagara, Bangalore, asked the complainant to get the helmet to go out on his motorcycle. Accordingly, the complainant went out to handover the helmet to him. At that time, it is alleged that accused Nos.1 and 2 and another accused Girish along with other three accused persons came to the spot in a motorcycle and they started assaulting the deceased Raja on his head, 3 neck and chest with deadly weapons, as a result of which the deceased sustained bleeding injuries and died at the spot. The said accused persons attempted to assault the complainant also. But he escaped from them with minor injuries.

3. There is no whisper about the presence of this petitioner at the spot. The sessions Court has observed that during the course of investigation, the police have arrested as many as 11 accused persons and of course, it has also observed that there is no overt act attributed to the petitioner and no recovery has been made from him. It is stated that the petitioner is an absentee conspirator with other accused persons. Drawing help from Section 149 of Cr.P.C., the sessions Court has rejected the bail petition. At this stage, as rightly observed by the learned counsel, except the voluntary statement of other accused persons, there is no material to show with regard to the conspiracy between the petitioner 4 and other accused persons who have actually participated and assaulted the deceased. The said conspiracy has to be established beyond doubt during the full fledged trial. When the petitioner has not actually participated in the crime and he has been in judicial custody since long from the date of his arrest, I am of the opinion that considering all the circumstances and also the delay in concluding the trial before the trial Court, the petitioner is entitled to be enlarged on bail.

4. The allegation made against this petitioner is that on the day of incident after ascertaining the presences of the deceased near his house he intimated to the other accused persons who have assaulted the deceased on the particular day. The police infact arrested 11 accused persons. Accused No.9 has approached this Court in Crl.P.No.4211/2016 vide order dated 01.07.2016. This Court has released the said accused on bail on 5 the ground that this petitioner was also alleged to be the conspirator along with the other accused persons but his presence was not there on that day. On that ground the said accused No.9 was released on bail.

5. Similar allegations are made against this petitioner that he was also a conspirator and he has informed the other accused persons about the presence of the deceased near his house. Taking such clue the other accused persons went near the house of the deceased and assaulted him.

6. Looking to the above said circumstances, the direct participation in assaulting the deceased is not there sofar as this petitioner is concerned. The conspiracy has to be established during the course of trial. Therefore, in my opinion, this petitioner is also to be enlarged on bail on the same conditions. Hence, the following:-

ORDER The petition is allowed. The petitioner shall be released on bail in connection with Cr.No.160/2016 of Basaveshwara Nagar Police Station, Bengaluru, for the offences punishable under Sections 143, 147, 149, 307, 302 read with Section 149 IPC., on the following conditions:

i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the likesum to the satisfaction of the committal Court or the trial Court as the case may be;

ii) He shall not indulge in hampering the investigation or tampering the prosecution witnesses.

iii) He shall appear before the trial court on all the future hearing dates unless exempted for any genuine cause by the trial court.

iv) He shall not leave the jurisdiction of the trial court without prior permission of the trial court till the case registered against him is disposed of.

Sd/-

JUDGE GH

Unlock Advanced Research with PRISMAI

Karnataka High Court