Karnataka High Court
Ashoka vs The State Of Karnataka on 14 November, 2018
Author: H.B.Prabhakara Sastry
Bench: H.B.Prabhakara Sastry
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2018
BEFORE
THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY
CRIMINAL PETITION No.6665 OF 2018
BETWEEN:
Ashoka
S/o. Channegowda,
Aged about 35 years,
R/at Samundravalli Village,
Shanthigrama Hobli,
Hassan Taluk,
Pin:573220. ...Petitioner
(By Sri. Veeranna G. Tigadi, Advocate)
AND:
The State of Karnataka
Through Hassan Town
(City) Police Station,
Hassan District,
Represented by its
State Public Prosecutor,
High Court Building,
Bengaluru-560 001. ...Respondent
(By Sri. Chetan Desai, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioner on bail in the event
of his arrest in Cr.No.124/2016, Hassan City Police Station,
Crl.P.No.6665/2018
2
for the offence punishable under Sections 143, 147, 148,
307, 120B, 302, 201, 212 R/w 149 of IPC.
This Criminal Petition coming on for Orders this day,
the Court made the following:
ORDER
The present petitioner has filed this petition under Section 438 of Code of Criminal Procedure (hereinafter for brevity referred to as 'Cr.P.C), seeking his enlargement on anticipatory bail in Crime No.124/2016 of the respondent police station for the offence punishable under Sections 143, 147, 148, 307, 120B, 302, 201, 149 and 212 of Indian Penal Code (hereinafter for brevity referred to as 'IPC').
2. It is the contention, as well the argument of the learned counsel for the petitioner that the petitioner has been arrayed in the said crime as accused No.2 and is innocent of the alleged offence and that he has been falsely implicated in the matter.
Crl.P.No.6665/20183
It is the further argument of the learned counsel for the petitioner that in an earlier Crime No.274/2015 of Hassan Extension Police Station, though the charge sheet shows that the present accused being an accused therein has remained absconding, but the fact remains that the present petitioner as an accused in the said crime is enlarged on bail on the relief of anticipatory bail granted by this Court in Criminal Petition No.8191/2017, dated 08.11.2017. In this connection, learned counsel for the petitioner also furnishes a copy of the order passed in the said Criminal Petition, dated 08.11.2017. He further submits that all other accused in the case, except the present petitioner, are already been enlarged on bail, as such, petition be allowed.
3. Per contra, learned High Court Government Pleader in his arguments submitted that the alleged crime has taken place on 04.04.2016. Thus, since more Crl.P.No.6665/2018 4 than two and half years, the present petitioner has remained absconding, as such, he does not deserve to be enlarged on bail. On the contrary, he may be directed to surrender before the learned Magistrate immediately.
4. It is the summary of the case of the prosecution that on 12.12.2015, one Sri.Pramodh, was murdered by a group within the limits of the Hassan Extension Police Station, in which connection, Crime No.274/2015, came to be registered for the offence punishable under Sections 143, 147, 148, 302 and 307 read with Section 149 of IPC, wherein the present petitioner is also an accused. It appears that in the said connection, brother of the deceased appears to have decided to kill all the accused in the said case and had given supari in that regard. In pursuance of the same, on 04.04.2016, the accused formed an unlawful assembly, hatching a conspiracy and armed with deadly Crl.P.No.6665/2018 5 weapons, attacked one Kiran and also caused grievous injuries to another person by name Praveen and caused his death. It is in that connection, the present crime has been registered in the respondent police station wherein, the petitioner is accused No.2.
5. From a perusal of the charge sheet, it appears that since the date of offence, the present petitioner who is accused No.2 is absconding. In such a scenario, when an allegation of the participation of the present petitioner is made in connection with the incident of 04.04.2016 and in view of the fact that the present petitioner has remained absconding since more than two and half years, he does not deserve to be enlarged on the relief of anticipatory bail per contra, he has to be directed to surrender before the jurisdictional Court within a week from today. However, he will be at liberty to make necessary application Crl.P.No.6665/2018 6 before the jurisdictional Court for the relief of bail, which application shall be heard and decided in accordance with law by the said Court within a week thereafter.
With the said observation, the present petition stands disposed of.
Sd/-
JUDGE dn/-