Karnataka High Court
Sri Manoj Kumar vs State Of Karnataka on 23 February, 2023
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CRL.P No. 1085 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 1085 OF 2023
BETWEEN:
1. SRI. MANOJ KUMAR
S/O ELISHA
AGED 32 YEARS
OCC: BANK ASSET
RECONSTRUCTION AGENT
R/O 12/2H, 114/C
MOOSAPET, KUKATPALLY
HYDERABAD - 500 072
2. SRI. JAYAPRAKASH
S/O VENAKTASUBBA RAO
AGED 22 YEARS
Digitally signed by OCC: STUDENT, R/O SF2
NANDINI B G SRI VINAYAKA APARTMENT
Location: High VIJAYAWADA
Court Of
Karnataka ANDRA PRADESH - 520 001
3. SRI. KUMARI PRAVEEN BAHADUR
S/O NARASINGH
AGED 22 YEARS
OCC: STUDENT
R/AT: BHAGAT SINGH NAGAR
HYDERABAD
TELANGANA - 500 055
4. SRI. BHAVANI SHANKAR
S/O VENAKATESH RAO
AGED 24 YEARS
OCC: PRIVATE JOB
R/O 10-12, JANDAJATTU
INDIRANAGAR - 2, KRISHNA DIST.,
ANDHRA PRADESH - 520 007.
...PETITIONERS
(BY SRI: SANNA BALAPPA SHETTY .K., ADVOCATE)
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CRL.P No. 1085 of 2023
AND:
STATE OF KARNATAKA
THROUGH STATION HOUSE OFFICER
KR PURAM POLICE STATION
K R PURAM, BENGALURU - 560 036
REPRESENTED BY: HCGP/SPP
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
...RESPONDENT
(BY SRI: K. RAHUL RAI, HCGP)
THIS CRIMNAL PETITION IS FILED UNDER SECTION 439
CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.529/2022 OF K.R.PURAM P.S., BENGALURU CITY FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 307, 120B READ WITH
SECTION 34 OF IPC AND SECTIONS 3 AND 25 OF ARMS ACT ON THE
FILE OF THE X A.C.M.M., MAYO HALL, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT PASSED THE FOLLOWING:
ORDER
The petitioners-accused Nos.2, 3, 4 and 6 are before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No.529 of 2022 of K R Puram Police Station, pending on the file of the X Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru, registered for the offences punishable under Sections 307, 120B read with Section 34 of the Indian Penal Code (for short 'IPC') and under Sections 3 and 35 of -3- CRL.P No. 1085 of 2023 Arms Act, on the basis of the first information lodged by the informant R Ashok Reddy.
2. Heard Sri K Sanna Balappa Shetty, learned counsel for the petitioners and Sri K Rahul Rai, learned High Court Government Pleader for the respondent -State. Perused the materials on record.
3. Learned counsel for the petitioners submitted that the petitioners are arrayed as accused Nos.2 to 4 and 6. They are innocent and have not committed any offences as alleged. They have been falsely implicated in the matter without any basis. Accused Nos.2 to 4 were apprehended on 10.12.2022 and accused No.6 was apprehended on 19.12.2022 and since then they are in judicial custody. Initially, FIR came to be registered against four unknown persons. However, during investigation, 13 persons were arrayed as accused. These petitioners were taken to police custody. But no recovery was effected at their instance. The injured are already discharged from the hospital. The investigation is almost completed. They are not having any criminal antecedents. Detention of the petitioners in custody would amount to pre-trial punishment. -4- CRL.P No. 1085 of 2023 The petitioners are the permanent residents of the addresses mentioned in the cause title to the petition and are ready and willing to abide by any of the conditions that would be imposed by this Court. Hence, he prays to allow the petition.
4. Per contra, learned High Court Government Pleader opposing the petition submitted that serious allegations are made against the petitioners and other accused for having committed the offences. Even though initially, FIR was registered against four unknown persons, during investigation, it was found that even these petitioners were involved in the commission of the offences. The injured Shivashankar Reddy was targeted by the accused and he had sustained 10 injuries, which are grievous in nature. The other injured has also sustained injuries. The investigation is still in progress. Accused have used pistol to shot at the injured. The accused were having strong motive to cause the death of Shivashankar Reddy. Considering the nature and seriousness of the offences, the petitioners are not entitled for grant of bail. Hence, he prays for dismissal of the petition.
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5. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
"Whether the petitioners are entitled for grant of bail under Section 439 of Cr.P.C.?"
My answer to the above point is in 'Negative' for the following:
REASONS
6. The informant who is the injured eye witness has lodged the first information against four unknown persons making specific allegations against them. During investigation, it was found that these petitioners are also involved in the commission of offences and they were having strong motive to cause the death of the injured Shivashankar Reddy. The investigation is still in progress. Admittedly there are 2 injured. The wound certificate is not available for perusal of the Court. Under such circumstances, the petitioners are not entitled to be enlarged on bail.
-6-CRL.P No. 1085 of 2023
7. Accordingly, I answer the above point in the Negative and proceed to pass the following:
ORDER The petition is dismissed.
Sd/-
JUDGE *bgn/-