Karnataka High Court
Mr. Gangahdar @ Bonda vs The State Of Karnataka on 17 June, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2020
BEFORE
THE HON'BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.1372/2020
BETWEEN:
MR.GANGADHAR @ BONDA
S/O LATE MANIRAJU
AGED ABOUT 24 YEARS
R/AT No.72, 2ND CROSS
DHOBIGHAT, NEAR BRINDAVAN
CHAMARAJPET
BENGALURU - 560 018. ...PETITIONER
(BY SRI K M MAHESH KUMAR, ADVOCATE)
AND:
STATE OF KARNATAKA
BY CHANDRALAYOUT P S
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001. ...RESPONDENT
(BY SRI K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN THE CR.No.218/2017 OF CHANDRA LAYOUT
P.S., BENGALURU FOR THE OFFENCE PUNISHABLE UNDER
SECTION 143, 144, 147, 148, 120-B, 114, 302 R/W
SECTION 149 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT THROUGH VIDEO CONFERENCE AT
BENGALURU MADE THE FOLLOWING:
ORDER
This matter is taken up through Video Conference today.
2. Learned counsel Sri. K.M.Mahesh Kumar for petitioner and Sri. K.Nageshwarappa, learned HCGP for respondent is present.
3. The petition is filed under Section 439 of Cr.P.C. wherein the petitioner-accused No.4 seeks grant of bail in SC No. 1522/2017 (Crime No.218/2017) of respondent- Chandra Layout Police for the offences punishable under Sections 143, 144, 147, 148, 120-B, 114, 302 read with 149 of IPC.
4. The petitioner is stated to be in Judicial Custody. Previously, the petitioner had made application before the learned Sessiosn Judge and that 3 came to be dismissed on 29-10-2018 so also the petitions filed before this court.
5. Copy of the petition is served on learned HCGP for respondent.
6. Heard.
7. The incident that led to registration of the case in Crime No.218/2017 of respondent-Police is as under:
On 21.5.2017 one Anil Kumar lodged the complaint. He is stated to be the elder brother of deceased Arun Kumar. On that day, in the night the said Arun kumar had gone out and the father of the complainant informed the complainant that his brother who had gone out of house did not return till
8.30 p.m and thereafter, father of the complainant received telephone call from Arun Kumar stating that he required a vehicle. His father asked the complainant to send the same. The complainant took 4 Honda activa, two wheeler and went to Ravi Bar and Restaurant, parked the vehicle and went inside the bar and handed over the key to his brother. Further, it is alleged that since his brother did not return back to the house till 11.00 p.m. the complainant went to the above said bar and restaurant at first floor and found that the table and chairs were scattered and beer bottles were broken. He went to kitchen and saw Arun kumar had fell down with serious head injury. The complainant could make out that Arun Kumar was attacked by deadly weapons, cylinder, chairs, beer bottles and equipment used for collecting kabab and the complainant states that friends who were along with Arun Kumar have committed murder of Arun Kumar. With this complaint was lodged on 21.5.2017.
At the first instance, a criminal case was registered against Arun Kumar and his friends and details of the other accused if any are not stated. 5 Thereafter, chargesheet is filed against six accused persons.
8. Learned counsel Sri. K.M.Mahesh Kumar, appearing for the petitioner through Video conference would submit that, accused Nos. 1 and 3 are released on bail and this accused is not alleged with any overtacts and he is in custody right from 27.5.2017. His applications for bail filed before the learned Session Judge and this Court were rejected. Learned counsel would further submit that though there are no grounds to arrest the petitioner who is not alleged any overtacks is sitting in the accused chair.
10. Sri. K.Nageshwarappa, learned Government Pleader would submit for respondent that the accused were having criminal background and they were possessing dangerous weapons and murder is committed as a cold blood one. He would 6 further submit that the petitioner does not deserves the relief of bail.
11. In the charge sheet, the accused persons are as under:
(1) Arun Kumar @ Thyape;
(2) Chethan @ Icegadde;
(3) Aakash @ Karia;
(4) Gangadhar @ Bonda;
(5) Kirankumar @ Kiran and (6) Narendra @ Bettappa The petitioner and others are chargesheeted for the offences punishable under Sections 143, 144,147,148, 120(b), 114, 302 read with 149 of IPC, i.e. unlawful assembly, rioting with deadly weapons. Out of six accused persons, accused No. 3 and 5 are on bail. The present petitioner is accused No.4.
12. The learned Government Pleader would submit that accused are having criminal background and they were possessing dangerous weapons and 7 murder is committed. Considering the number of persons and the victim, the accused persons including the petitioner have taken law into their own hands and in pursuance of their prior vengeance, attacked and murdered the said Arun Kumar on 21-5-2017 at Ravi bar and restaurant.
13. The petitioner is in judicial custody from 27.5.2017. The stage of the case is that, after registration, it is chargesheeted and committed to Sessions Court, wherein the case number is allotted as S.C.NO.152/2017.
14. It is not that overtact of each and every person is necessary to attract section 149 of IPC. It is stated that the deceased was indiscriminately assaulted with the dangerous weapons like, cylinder, chair, beer bottles. The petitioner is in judicial custody for a period of more than three years. I have also considered the pandemic COVID-19 situation, 8 wherein, social distancing is very much necessary. Since the final report was filed during the period when the accused was in judicial custody, there were no likelihood of interference to the investigation. Nor there is such complaint or allegation against the petitioner.
15. In the over all circumstances of the case, I do not find serious prejudice will be caused to the prosecution if the petitioner is released on bail. However, the apprehension of the prosecution could be resolved by imposing conditions.
16. Hence, the petition filed by the petitioner is allowed. The petitioner is released on bail in SC No.1522/2017 (Crime No.218/2017) registered by respondent-Chandralayout Police, against him for the offences punishable under Sections 143, 144,147,148, 120(b), 114, 302 read with 149 of IPC subject to the following conditions:
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i) Petitioner shall execute personal bond for a sum of Rs.2,00,000/- with a surety of a person possessing immovable properties for the likesum to the satisfaction of the Court.
ii) Petitioner shall not terrorize the witnesses or tamper with the prosecution evidence in any manner and shall not come into contact with the complainant or his family members nor shall adopt vindictive measures against the complainant.
iii) Petitioner shall regularly attend the court on all hearing dates.
iv) Petitioner shall not leave the State of Karnataka without the permission of the trial court for a period of six months and shall mark attendance before the Investigating Officer between 9.00 p.m. to 10.00 p.m. on 10 every first and third Saturday of each month for a period of six months from hereafter.
v) Petitioner shall undergo medical check up immediately by suitable Medical Officer upon his release on bail, and quarantine himself exclusively in his house for a period of 14 days from the date of release, unless, he is required for hospitalization.
Sd/-
JUDGE tsn*