Karnataka High Court
Hari Krishna @ Hari vs State By on 9 September, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF SEPTEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.1744/2020
BETWEEN:
HARI KRISHNA @ HARI,
S/O DHANRAJ,
AGED ABOUT 19 YEARS,
#291, 1ST MAIN,
7TH CROSS, PRAKASH NAGAR,
BENGALURU - 560 069. ... PETITIONER
(BY SRI. RANGANATHA REDDY R, ADVOCATE)
AND:
STATE BY
THE STATION HOUSE OFFICER,
SRIRAMPURA POLICE STATION,
BENGALURU CITY.
REPSENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001. ...RESPONDENT
(BY SRI. M.DIVAKAR MADDUR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.177/2019 OF SRIRAMPURA P.S., BENGALURU CITY FOR
THE OFFENCE P/U/S 143, 144, 147, 148, 302 R/W 149 OF IPC
AND ETC.,
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
'THROUGH VIDEO CONFERENCE' THIS DAY, THE COURT MADE
THE FOLLOWING:
-2-
ORDER
This petition has been filed by the petitioner/accused No.8 under Section 439 of Cr.P.C. to release him on bail in Crime No.177/2019 of Srirampura police station, Bengaluru, for the offence punishable under Sections 143, 144, 147, 148, 302 r/w 149 of IPC pending on the file of VII Additional CMM Court, Bengaluru.
2. I have heard Sri. R. Ranganatha Reddy, learned counsel for petitioner/accused No.8 virtually and Sri. M. Divakar Maddur, learned HCGP for respondent-State.
3. The gist of the complaint is that the son of the complainant was working at Rajajinagar as Zomato delivery boy and about 2-3 days he did not come to the house and was staying in his friends house. On 26.12.2019 at about 5 p.m., complainant's son came to the house and at about 7 p.m., he left the house, by -3- telling the complainant that he has received a call from his friends and he will go to Shrirampura and return. At about 9.30 p.m., one Dilip, friend of the deceased called the complainant by using a mobile phone of his friend Jaikumar and informed that at about 9.15 p.m., in respect of financial transaction, one Tilak had called them near 81st bus stand, L.N.Pura. As soon as they arrived at the aforesaid place, by that time, Tilak and his friends suddenly assaulted the deceased with machete and knife and caused grievous injuries. As a result, the deceased collapsed to the ground. Dilip tried and managed to escape from that spot. Later, the police have shifted the deceased to the K.C. General Hospital. Immediately, the complainant went to the hospital and saw the injuries on his head, chest, neck, legs and other parts of the body and he has already died. On the basis of the complaint, a case has been registered. -4-
4. The learned counsel for the petitioner submitted that accused/petitioner is innocent and he has not committed any offence. Already, accused No.10 has been enlarged on bail. Under similar facts and circumstances and on the ground of parity, petitioner/accused No.8 is also entitled to be released on bail. He further submitted that there is no specific overt-acts alleged against the petitioner/accused No.8 and petitioner was not present at the crime spot. They were waiting for the purpose of the situation if the deceased managed to escape, under such circumstances, they used to caught hold of him and they have to act upon. He further submitted that already the charge-sheet has been filed; petitioner is not required for the purpose of further investigation or interrogation. He is ready to abide by the conditions that may be imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the -5- petition and to release the petitioner/accused No.8 on bail.
5. Per contra, learned HCGP vehemently argued and submitted that petitioner/accused No.8 along with other accused persons conspired and they have assaulted the deceased with deadly weapons and caused the death of deceased. Resultantly, the complainant has lost her son. He further submitted that petitioner/accused No.8 was also present and he has also actively participated in the alleged crime by causing the death of the complainant's son. He further submitted that if the petitioner is enlarged on bail, he may abscond and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by learned counsels appearing for the parties and perused the records.
-6-
7. On perusal of the records and the charge sheet material, the allegation as against accused Nos.1 to 5 is that, it is they who have assaulted the deceased with deadly weapons and caused grievous injuries resulting in his death. The only allegation which is made as against the petitioner/accused No.8 is that he has conspired with the other accused persons and he was also present at the crime spot but no serious overt- acts have been alleged as against the petitioner/accused No.8 and already under similar facts and circumstances, accused No.10 has been released on bail, on the ground of parity, petitioner/accused No.8 is also entitled to be released on bail. However, the apprehension of the learned HCGP can be taken care of by imposing some stringent conditions.
8. In that light, the petition is allowed and petitioner/accused No.8 is ordered to be released on bail in Crime No.177/2019 of Srirampura police station, -7- Bengaluru, for the offence punishable under Sections 143, 144, 147, 148, 302 r/w 149 of IPC pending on the file of VII Additional CMM Court, Bengaluru, with following conditions:
i) The petitioner/accused No.8 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of Trial Court.
ii) The petitioner/accused No.8 shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall be regular in attending the trial.
iv) He shall not indulge in similar type of criminal activities.
v) He shall not leave the jurisdiction of the Court without prior permission of the Court.-8-
vi) He shall mark his attendance once in a month on every first in between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
If he violates any one of the conditions, respondent-Police is at liberty to move for cancellation of the bail.
Sd/-
JUDGE DS