Karnataka High Court
Nagaraj And Anr vs State Of Karnataka on 13 June, 2019
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF JUNE 2019
BEFORE
THE HON'BLE MR. JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION No.200449/2019
Between:
1. Nagaraj @ Smart Naga S/o Venkatesh Yadav,
Aged about 22 years, Occ: Private Work,
R/o Vargis Apartment, Santosh Colony,
Kalaburagi-585102.
2. Vikram Prasad S/o Basavaraj Mulimani,
Aged about 24 years, Occ: Coolie,
R/o Malagatti, Taluk Chittapur,
District: Kalaburagi-585211.
... Petitioners
(By Sri. Anees Ali Khan, Advocate)
And:
State of Karnataka
By Chowk P.S.
Kalaburagi-585102.
... Respondent
(By Sri. Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C. praying to enlarge the above named petitioners
on bail in Cr.No.46 of 2017 of Chowk Police Station,
Kalaburagi for the offences punishable under Sections
143, 147, 148, 341, 326, 109, 120(B), 393, 307, 201, 212
R/w 149 of IPC and U/s 2(d)(e)(f) and 3(1)(i)(ii), 3(2),3 (4),
3(5) of KCOCA Act, pending on the file of the Principal
Sessions Judge, Kalaburagi, in the ends of justice., on
such terms and conditions that this Court deems fit in
the circumstances of the case.
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This petition coming on for orders, this day, the
Court made the following:
ORDER
This petition is filed under Section 439 of Cr.P.C.
seeking bail in Crime No.46/2017 of Chowk Police Station, Kalaburagi for the offences for the offences punishable under Sections 143, 147, 148, 341, 326, 109, 120(B), 393, 307, 201, 212 R/w 149 of IPC and U/s 2(d)(e)(f) and 3(1)(i)(ii), 3(2), 3(4), 3(5) of KCOCA Act, pending on the file of the Principal Sessions Judge, Kalaburagi,
2. On the complaint filed by father of the victim. The respondent police have registered the case. The allegations are that on 23.03.2017 at about 11.30 p.m. These petitioners namely accused No.2 and 4 along with other accused came in a white shift car near juice shop where the complaint's son Srikanth was sitting and they assaulted him with macchu, long, clubs, petitioner- accused No.2 Smart Naga assaulted with macchu, 3 accused No.4 Vikram assaulted with talwar along with along accused Kodli Raju. During the investigation, the accused have arrested and they are in judicial custody. After completion of the investigation, the police have submitted the charge sheet.
3. The learned counsel for the petitioner submitted that the allegations made in the complaint are false and baseless. The remaining accused involved in this case have been granted bail. Hence on principles of parity grounds these accused-petitioners are entitled for bail.
4. Per contra, the learned High Court Government Pleader submitted that there are eye witnesses namely CW33 to CW37 who are witnesses the incident of assault. The weapons used for commission of the offences have been seized. There is a prima-facie case to show the complicity of these accused in 4 commission of the offences as such there are no valid grounds for granting bail.
5. On perusal of the charge sheet records, it seen that there are 17 accused persons, the trial court has taken cognizance of the offences against accused No.1, 2, 4, 5 for the offences punishable under Sections 143, 147, 148, 341, 326, 109, 120-B, 393, 307, 201 R/w Section 149 of IPC and also 2(d) (e) (f) and 3(1) (i) (ii), 3(2), 3(4) of the Karnataka Control of Organized Crimes Act, 2000. As against accused Nos.6 to 17, cognizance is taken for the offences punishable under Sections 143, 147, 148, 341, 326, 109, 120-B, 393, 307, 201 R/w Section 149 of IPC.
6. The learned High Court Government Pleader submitted that the petitioners are facing charges under KCOCA Act, as they are Rowdy elements involved in several criminal cases. Therefore, there is every chance of likelihood of these accused committing unlawful 5 activities either singly or jointly in commission of organized crimes. But no records forthcoming to show that these persons are involved in several other criminal cases. It is submitted that the accused No.2 is involved in three criminal cases and accused No.4 is involved in eight cases. But no specific records are forthcoming to show whether the cases were registered against KCOCA Act against the said accused persons. At this stage, the learned High Court Government Pleader has not been able to point out any material to show the involvement of these petitioners in any criminal activity of organized crimes indicate.
7. The wound certificate indicates that the injured has sustained following injuries: -
1. CLW over occipital region.
2. CLW over left parietal, left post curicular leg.
3. CLW over right surpa orbital and right mandible leg.6
4. CLW over anterior part of neck and left shoulder multiple.
5. CLW over left cheek extending till right cheek.
6. CLW just above umbilicus and left ingiunal region.
7. Stab wound over epigastric region.
8. The investigation is already completed. The petitioner is in custody since 22.05.2017. The major offence alleged against the petitioner is under Section 307 of IPC. The extortion is alleged as the motive. No money is said to have been snatched from the victim by any of accused. No. doubt, the injured has sustained multiple injuries, but according to the injured, the said injuries were inflicted by as many as seven accused persons. No specific motive is alleged against the present petitioners. No previous enmity or antecedents have been alleged against the present petitioner. Therefore, taking into consideration all the above facts, I am of the 7 view that the custody of the petitioner cannot be extended any further solely by way of punishment.
9. The main objection of the prosecution is that in the event of granting bail, the petitioners are likelihood to commit similar offences and tamper the prosecution witnesses. The said objections may be set right by imposing stringent conditions.
10. Considering the facts and circumstances of the case and submission of the counsel, this court is of view that the petitioners are made out the grounds for granting bail subject to terms and conditions. Hence, I pass the following...
ORDER The petition filed under Section 439 Cr.P.C., is allowed.
Petitioners are ordered to be enlarged on bail pending on the file of Principal Sessions Judge, Kalaburagi (Crime No.46/2017 registered by Chowk Police Station, Kalaburagi), on executing a personal bond 8 for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two independent solvent sureties for the likesum to the satisfaction of jurisdictional Sessions Court and subject to following conditions;
1. Petitioners shall not either directly or indirectly indulge in threatening or terrorising or inducing the prosecution witnesses in any manner whatsoever and if he indulges in same, prosecution by placing relevant material on record would be entitled to seek for cancellation of bail;
2. Petitioners shall appear before Chowk Police Station on every alternate day between 5.00 p.m. to 8.00 p.m. and mark their attendance and said jurisdictional SHO shall send a report to Sessions Court, Kalaburagi in Criminal Misc. No.497/2018, about compliance of said condition i.e., report relating to marking of attendance by petitioners and said report shall be sent once in a month till conclusion of trial;
3. Petitioners shall not leave Municipal limits of Kalaburagi till conclusion of trial without express 9 permission from jurisdictional Sessions Court i.e., Sessions Court, Kalaburagi;
4. Petitioners shall appear before Sessions Court, Kalaburagi on all the dates of hearing without fail;
5. Petitioners shall surrender their passport before Sessions Court, Kalaburagi on the next date of hearing or within one month whichever is earlier;
6. In the event of any of the conditions imposed herein above are violated by petitioners jurisdictional Sessions Court on being satisfied with such violation would be at liberty to order for petitioners being taken into judicial custody;
Sd/-
JUDGE SMP