Karnataka High Court
Keerthan vs State Of Karnataka on 25 September, 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE B.A. PATIL
CRIMINAL PETITION NO.5862/2018 C/W
CRIMINAL PETITION NO.5971/2018
IN CRL.P.NO.5862/2018
BETWEEN:
Keerthan,
S/o. Purushottham,
Aged about 24 years,
R/at Kalladka Chatra House,
Panemangaluru House,
Bantwala Taluk - 574 145,
Karnataka. ... Petitioner
(By Sri.Dhananjay Kumar, Advocate)
AND:
State of Karnataka,
Rep. by Bantwala Town Police,
D.K. District
Rep. by SPP,
High Court of Karnataka,
Bengaluru - 560 001. ....Respondent
(By Sri.K.P.Yoganna, HCGP)
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IN CRL.P.NO.5971/2018
BETWEEN:
1. Kiran,
S/o. Purushottham,
Aged about 24 years,
R/at Kalladka Chatra House,
Panemangaluru House,
Bantwala Taluk - 574145.
2. Yogish,
S/o.Venkataramana,
Aged about 22 years,
R/at Ramanagara House,
Kalldka Golthamajalu Village,
Bantwal Taluk - 574 145
Karnataka ... Petitioners
(By Sri.Dhananjay Kumar, Advocate)
AND:
State of Karnataka,
Rep. by Bantwala Town Police,
D.K. District
Rep. by SPP,
High Court of Karnataka,
Bengaluru - 560 001. ....Respondent
(By Sri.K.P.Yoganna, HCGP)
These Criminal Petitions are filed under Section 439
of Cr.P.C., praying to enlarge the petitioners on bail in
Crime No.339/2018 of Buntwala Town Police Station, D.K.
for the offences punishable under Sections 143, 147, 148,
324, 307 read with 149 of IPC.
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These Criminal Petitions coming on for Orders, this
day, the Court made the following:
ORDER
The Crl.P.No.5862/2018 has been filed by the petitioner-accused No.2 and Crl.P.No.5971/2018 has been filed by the petitioners-accused Nos.1 and 3 to release them on bail for the offences punishable under Sections 143, 147, 148, 307, 324 read with 149 of IPC in Crime No.339/2018 registered in Buntwala Town Police Station, D.K. District.
2. I have heard the learned counsel for the petitioners and learned High Court Government Pleader for respondent - State.
3. The brief facts of the case are that, on 11.06.2018 at about 6.30 p.m. when the complainant was talking with his friend, the accused persons by constituting an unlawful assembly came near Yogish Fancy Store, Kaladkada pete holding deadly weapons with 4 an intention to cause the death, assaulted on the head of the injured and also assaulted on his legs and other parts of the body with talwar and iron rod and stick. Thereafter, they damaged the fancy store with the said deadly weapons. Immediately, the injured was shifted to Bantwal Government Hospital. On the basis of the report, a case was registered against the accused petitioners.
4. The learned counsel for the petitioners-accused Nos.1, 2 and 3 submitted that already accused Nos.4 to 7 have been released on bail by this Court, on the ground of parity the petitioners-accused Nos.1,2 and 3 are also entitled to be released on bail. He further submitted that already the injured has been discharged from hospital and he is out of danger. He further submitted that the alleged offences are not punishable with death or imprisonment for life. He further submitted if the entire material is looked into, it attracts provisions under Section 324 of IPC. He further submitted that petitioners-accused Nos.1, 2 and 3 are ready to abide by the conditions imposed by 5 this Court and ready to offer sureties. On these grounds he prays to allow these petitions.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that petitioners-accused Nos.1, 2 and 3 along with other accused persons had constituted an unlawful assembly and by holding deadly weapons have assaulted the injured and caused grievous injuries with an intention to cause death of the injured. He further submitted that in so far as petitioners-accused Nos.1, 2 and 3 are concerned they all are having criminal back ground and one more case has been registered as against them. He further submitted that if the petitioners-accused Nos.1, 2 and 3 are enlarged on bail, they may abscond and they may not be available for trial. On these grounds he prays to dismiss these petitions.
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6. I have carefully and cautiously gone through the contents of the complaint and other materials which are produced along with these petitions.
7. As could be seen from the contents, it indicates that the petitioners-accused Nos.1, 2 and 3 along with other accused persons constituted an unlawful assembly and came to the place of incident and it is petitioners- accused Nos.1 and 2 who assaulted the injured with deadly weapons and caused injuries and accused No.3 assaulted with wicket on the leg of the injured, when the complainant tried to enter and stop, he fell down, the remaining accused persons have assaulted on his back, shoulder and stomach with hands. Though there is allegations as against the petitioners-accused Nos.1, 2 and 3 for having involved in the alleged offences. As could be seen from the record the injured has sustained injuries in the alleged incident and he has already been discharged from hospital and now he is out of danger and records clearly goes to show that petitioners-accused Nos.4 to 7 7 have been already released on bail by this Court, even on the ground of parity the petitioners-accused Nos.1, 2 and 3 are also entitled to be released on bail.
8. Keeping in view of the above said facts and circumstances, these petitions are allowed and petitioners-accused Nos.1, 2 and 3 are enlarged on bail in Crime No.339/2018 of the Buntwala Town Police Station, D.K. District for the offence punishable under Section 143, 147, 148, 307, 324 read with 149 of IPC subject to the following conditions:
1. Petitioners-accused Nos.1,2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the trial Court.
2. They shall not tamper with the prosecution evidence in any manner till the disposal of the case.8
3. They should not leave the jurisdiction of the Court without prior permission.
4. They should not indulge in similar type of criminal activities.
Sd/-
JUDGE KPS/SSD