Karnataka High Court
Ananthakuamr J vs State Of Karnataka on 15 September, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2023:KHC:33501
CRL.P No. 3683 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO.3683 OF 2023
BETWEEN:
ANANTHAKUAMR J
S/O JAYARAMU N
AGED ABOUT 23 YEARS,
R/O 3RD CROSS, INDIRA COLONY,
GUTHALU ROAD,
MANDYA CITY - 571 401.
...PETITIONER
(BY SRI. GANGADHAR K, ADVOCATE FOR
SRI. CHANDRASHEKAR R P, ADVOCATE)
AND:
STATE OF KARNATAKA
BY K.M. DODDI P.S
MANDYA DITRICT,
Digitally REPT BY STATE PUBLIC PROSECUTOR
signed by
NANDINI MS HIGH COURT BUILDING
Location: BENGALURU - 560 001.
HIGH
COURT OF ...RESPONDENT
KARNATAKA
(BY SMT. N.ANITHA GIRISH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO RELEASE THE PETITIONER ON
REGULAR BAIL IN CRIME NO.241/2019 OF K.M.DODDI P.S.,
MANDYA DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 143, 147, 148, 302, 201, 120B, 149 OF IPC, WHICH
IS NOW PENDING ON THE FILE OF THE PRL DISTRICT AND
SESSIONS JUDGE AT MANDYA DISTRICT IN S.C.NO.99/2022
ON SUCH TERMS AND CONDITIONS IN THE ENDS OF JUSTICE.
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NC: 2023:KHC:33501
CRL.P No. 3683 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused No.4 in S.C.No.99/2022 pending before the Prl. District and Sessions Judge, Mandya District arising out of crime No.241/2019 registered by K.M.Doddi Police Station, Mandya for offence punishable under Sections 143,147,148,302, 149 of IPC is before this Court seeking regular bail.
2. Heard the learned counsel for the parties.
3. On the complaint of one Chaluvaraj dated 19.10.2019, FIR in crime No.241/2022 was registered by K.M.Doddi Police Station, Mandya for the offences punishable under Sections 143, 147, 148, 302, 149 of IPC against three named accused and two others.
4. Petitioner's name is not found in the FIR. As per the charge sheet allegations, complainant's son Naveen had informed the complainant that he has lent some money to the boy who belongs to Handigad. When -3- NC: 2023:KHC:33501 CRL.P No. 3683 of 2023 he demanded repayment of the amount, he was told by the said boy that he was not liable to repay the amount. On 19.10.2019, complainant allegedly asked his son to come to temple along with him. But his son refused to accompany him. Subsequently, he was informed by somebody that quarrel is taking place between his son and some 4-5 persons near Halaguru Circle. Immediately, the complainant went to the said spot at 11.00 a.m. on 19.10.2019. By that time, accused Nos.1 to 3 named in the FIR and two others had allegedly assaulted Naveen with deadly weapons and had escaped from the spot. Naveen was immediately shifted to the hospital at K.M.Doddi and thereafter to MIMS Hospital at Mandya. However, at about 12.00 p.m., Naveen had succumbed to injuries in the hospital. In this background, the complainant had approached the police and lodged complaint on 19.10.2019 which had resulted in registering FIR in crime No.241/2022 by K.M.Doddi Police Station for the offences punishable under Sections 143, 147, 148, 302, 149 of IPC. The petitioner and other accused persons -4- NC: 2023:KHC:33501 CRL.P No. 3683 of 2023 were arrested on 22.10.2019. Investigation in the case is completed and the charge sheet has been filed. Petitioner's bail application in Criminal Misc.No.33/2023 filed before the Court of II Addl. District and Sessions Judge, Mandya was dismissed on 25.1.2023. Therefore, the petitioner is before this Court.
5. Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the petitioner's name is not found in the complaint or in the FIR and he has been falsely implicated in this case. He is in custody since 23.09.2022. Accordingly, prays to allow the bail petition.
6. Per contra, learned HCGP opposes the bail petition. She submits that there are eyewitnesses to the incident in question. Petitioners have played a major role in committing the crime. Accordingly, prays to reject the petition.
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NC: 2023:KHC:33501 CRL.P No. 3683 of 2023
7. On perusal of the complaint, it is seen that complainant had named three persons in the complaint and has stated that along with the said persons, there were two other persons who have assaulted his son Naveen on 19.10.2019.
8. During the course of investigation, five accused persons were arrested on 22.10.2019 and they were produced before the Court on 23.10.2019. Investigation is completed and charge sheet has been filed.
9. As per the charge sheet allegations, on 19.10.2019 deceased Naveen abused accused No.2 and assaulted him with his hands. When accused No.2 raised a cry, accused Nos.1, 3, 4 and 5 came to the said spot and accused No.4 allegedly assaulted deceased Naveen with long on his head and accused No.5 assaulted Naveen with a long over his right eye. Accused Nos.1 and 3 have allegedly stabbed Naveen with knife. As a result of the said assault, Naveen had suffered grievous injuries and he -6- NC: 2023:KHC:33501 CRL.P No. 3683 of 2023 subsequently succumbed to the same while undergoing treatment in the hospital.
11. The charge sheet material would go to show that confession statement of the accused whose names are found in the FIR was recorded on 23.10.2019. The statement of the eyewitness under Section 161 of Cr.P.C. was also recorded on 23.10.2019. Even before the recording of confession statement of the accused persons and the statement of eyewitness, though the petitioner's name is not found in the complaint or in the FIR, he was arrested by the police. He is in custody since 23.10.2019. Investigation in the case is completed and the charge sheet has been filed. Accused No.2 has been granted regular bail by this Court in Crl.P.No.11179/2022 dated 05.01.2023.
12. Under the circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following: -7-
NC: 2023:KHC:33501 CRL.P No. 3683 of 2023 ORDER The petition is allowed.
The petitioner is directed to be enlarged on bail in S.C.No.99/2022 pending before the Prl. District and Sessions Judge, Mandya arising out of Crime No.241/2019 registered by K.M.Doddi Police Station, Mandya for the offences punishable under Sections 143,147,148,302, 149 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;-8-
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e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.
Sd/-
JUDGE SSD