Karnataka High Court
Kartik S/O Dattu Koli vs The State Of Karnataka And Anr on 20 October, 2020
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MRS.JUSTICE M.G. UMA
CRIMINAL PETITION No.200737/2020
BETWEEN:
Kartik S/o Dattu Koli
Age: 25 Years, Occ: Student
R/o Manikeshwar Nagar
Behind Chowk
Post Office: Deval Ganagapur Village
Tq. Afzalpur, Dist. Kalaburagi
... Petitioner
(By Sri Ashok B. Mulage, Advocate)
AND:
1. The State of Karnataka Through
Police Shahabad Town Police Station
Tq. Chitapur, Dist. Kalaburagi
Represented by Addl. SPP
High Court of Karnataka
Kalaburagi Bench - 585 107
2. Girish S/o Bailappa Kambanoor
Age: 40 Years, Occ: Social Worker
R/o Shahabad Maddi
Shahabad, Tq. Chitapur, Dist. Kalaburagi
... Respondents
(Sri Mallikarjun Sahukar, HCGP for R1;
R2 served)
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This Criminal Petition is filed under Section 439 of
Cr.P.C praying to allow the bail petition and to release the
accused/petitioner on bail in crime No.38/2020 of
Shahabad Town Police Station, Tq. Chittapur, Dist.
Kalaburagi for the offense punishable under Sections 109,
120 (b), 302 R/w Section 34 of IPC and Section 3(2) (v) of
SC/ST (PA) Act. Pending on the file of V Additional
Sessions Judge at Kalaburagi in Crime No.38/2020.
This petition coming on for Orders this day, the
Court made the following:
ORDER
The petitioner - accused No.4 approached this Court under Section 439 of Code of Criminal Procedure (for short, referred to as 'Cr.P.C.') seeking to enlarge him on bail in Crime No.38/2020 of Shahabad Town Police Station, registered for the offences punishable under Sections 143, 147, 148, 302, 201 read with Section 149 of Indian Penal Code (for short, referred to as 'IPC'), against unknown accused on the basis of the first information lodged by the informant Sri Giresh.
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2. The informant lodged the first information on 29.02.2020 at 10-30 a.m., stating that on the same day at about 07-00 a.m., his brother Satish went on his motorcycle and at about 09-00 a.m., the informant received information that when his brother was proceeding near Raghoji Factory, he was attacked by the miscreants with chopper and caused his death. Immediately, the informant went to the spot and found that his brother Satish had sustained chopped and stabbed injures on his head, chest, neck and other parts of the body. Therefore, he requested the police to register the case against miscreants who have caused the death of his brother.
3. On the basis of the first information, the FIR is registered. The police took up investigation and filed the chargesheet against 14 accused persons. It is the contention of the prosecution that that on 12.12.2019, accused No.1 had attacked the first informant, as he questioned the parking of the Tipper lories filled with sand near ESI hospital in Shahabad. The deceased had 4 questioned accused No.1 about his conduct of assaulting the informant. In the said matter, accused No.1 was apprehended by the police and he was in judicial custody. After releasing from the custody, accused No.1 along with other accused due to ill-will, hatched a criminal conspiracy to cause the death of deceased Satish. On 27.02.2020 accused Nos.1, 2, 4 to 11, 13 and 14 forming themselves into an unlawful assembly, tried to cause the death of Satish near Ravoor cross, but fortunately, the deceased was not found by them. On 29.02.2020 at about 07-15 a.m., when the deceased was proceeding on his motorcycle bearing registration No.KA-32/EB-1215 from Shahabad Nagar, near ACC Factory, accused Nos.1 to 3 have followed him in a Tata Indica car bearing No.KA- 32/M--8840 and dashed the car to the motorcycle, in which the deceased was proceeding. As a result of which, the deceased fell down in a ditch and immediately, accused Nos.1 to 3 got down from the car and assaulted him with deadly weapons. Accused No.1 assaulted the deceased with dragger knife on his neck, while accused Nos.2 and 3 5 have assaulted on his head and other parts of the body with long (Kwaitta) and caused fatal injuries. On seeing CWs.12 and 13 coming to the spot, the accused have fled by leaving weapons at the spot. Accused Nos.4 and 12 have assisted accused Nos.1 to 3 to escape from the scene of occurrence. Therefore, it is stated that the present petitioner who is arrayed as accused No.4 committed the offences punishable under Sections 120 (b) and 109 of IPC.
4. Heard Sri Ashok Mulage, learned counsel for the petitioner and Sri Mallikarjun Sahukar, learned High Court Government Pleader. Perused the materials on record.
5. Learned counsel for the petitioner submitted that the petitioner has not committed any offences as alleged. He is falsely implicated in the matter without any basis. The petitioner was apprehended on 09.03.2020 and since then, he is in judicial custody. Serious allegation of committing murder is against accused Nos.1 to 3 and not 6 against the present petitioner. The investigation is completed and the chargesheet is also filed. In the chargesheet it is specifically stated that the present petitioner had assisted accused Nos.1 to 3 to flee away. Therefore, the detention of the petitioner in custody will amount to pretrial punishment. He further submitted that accused Nos.5, 6 and 8 to 12 who alleged to have committed similar offences, are already enlarged on bail by this Court. Hence, the petitioner is also entitled to be enlarged on bail on principles of parity. Hence, he prays for allowing the petition subject to conditions.
6. Per contra, learned High Court Government Pleader opposing the petition submitted that serious allegations are made against the petitioner along with other accused. All the accused have acted in furtherance of their common object and Section 149 of IPC is invoked. Therefore, the present petitioner is also liable to be tried for commission of offence under Section 302 of IPC. The chargesheet filed by the investigating officer discloses the 7 active involvement of the present petitioner in commission of offences. If the petitioner is enlarged on bail, he may commit similar offences or he may tamper the prosecution witnesses. Hence, he prays for dismissal of the petition.
7. Considered the materials on record in the light of the rival submissions. Admittedly, the chargesheet is already filed and in the chargesheet, the allegation made against the present petitioner is that he along with other accused assisted the main accused i.e., accused Nos.1 to 3 for evading from being apprehended by the police. Ofcourse, Section 149 of IPC is invoked and this petitioner is liable to be tried for all the offences. It is admitted that the present petitioner was apprehended on 09.03.2020 and since then, he is in judicial custody. It is not in dispute that accused Nos.5, 6 and 8 to 12 are already enlarged on bail by the co-ordinate bench of this Court in various criminal petitions. Therefore, the petitioner is also entitled to be enlarged bail on parity. The apprehension expressed by the learned High Court Government Pleader 8 can be taken care of by imposing conditions. Hence, I proceed to pass the following:
ORDER The petition is allowed.
The Petitioner is ordered to be enlarged on bail on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court, subject to the following conditions:
a). The petitioner shall not commit similar offences.
b). The petitioner shall not threaten or tamper with the prosecution witnesses.
c). The petitioner shall appear before the Court as and when required.
Sd/-
JUDGE RSP