Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 4, Cited by 0]

Karnataka High Court

J V George vs The State Of Karnataka on 3 January, 2019

                                       CRL.P.NO.8578/2018
                          1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 3RD DAY OF JANUARY 2019

                       BEFORE

      THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

         CRIMINAL PETITION NO.8578 OF 2018

BETWEEN:

J.V.GEORGE
S/O JOHN
AGED ABOUT 30 YEARS
R/AT YALACHAGUPPE VILLAGE
TAVEREKERE, MAGADI ROAD
BANGALORE - 562 130                      ...PETITIONER

(BY SRI D.S.VENKATARAMANAPPA, ADV.)

AND

THE STATE OF KARNATAKA
BY ITS INSPECTOR
CHAMARAJPET POLICE STATION
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
AT BANGALORE - 560 001                ...RESPONDENT

(BY SMT. NAMITHA MAHESH B.G., HCGP)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CRIME NO.203/2018 OF CHAMARAJPET POLICE STATION,
BANGALORE CITY FOR THE OFFENCE P/U/S 307, 332, 353 OF
IPC.

      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
                                                  CRL.P.NO.8578/2018
                               2


                        ORDER

Chamarajpet Police have registered Crime No.203/2018 against the petitioner for the offences punishable under Sections 332, 353 and 307 of IPC, on the basis of complaint/report of Sri.Prakash R., the Police Inspector, CCB, Bengaluru City.

2. Case of the prosecution in brief is as follows:

Petitioner was the accused in Crime No.202/2018 of Chamarajpet Police Station and therefore, complainant and his team were trying to trace him. On

3.10.2018 at 8.00 p.m., when they spotted and tried to apprehend him near Vittalnagar, Mullakattamma temple, the petitioner assaulted complainant with chopper and attempted to commit his murder. Therefore, the Police were forced to fire at him in self- defence and petitioner suffered gunshot injury in his right thigh.

3. It is contended by the petitioner's Counsel that after shooting the petitioner, Crime No.202/2018 was CRL.P.NO.8578/2018 3 registered to save the skin of the Police and in the said case, petitioner is granted bail.

4. Per contra, learned HCGP submits that when the petitioner was produced before the Magistrate, he has not made any allegation of assault against the Police and that the petitioner is a habitual offender and was involved in six other cases.

5. Copy of the order sheet in Crime No.203/2018 is made available for the perusal of this Court. That goes to show that when petitioner was produced before the Police, he did not make any allegations of false encounter. The medical records show that petitioner was taken to the hospital on 4.10.2018 with history of 'gunshot injury'.

6. Under these circumstances, at this stage, this Court is not convinced to accept the theory of Police highhandedly firing at him.

CRL.P.NO.8578/2018

4

Having regard to the material on record and the nature of the offence, it is not a fit case to grant bail. Therefore, the petition is dismissed.

Sd/-

JUDGE KNM/-