Karnataka High Court
Vijaya Kumar. S@ Thikkala Viji vs The State Of Karnataka on 19 November, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION No.6259 OF 2020
BETWEEN:
1. Vijaya Kumar S. @
Thikkala Viji,
S/o Devendran,
Aged 27 years,
R/at No.91,
Bhuvaneshwari Slum
Papanna Block,
Anandanagar,
Bangalore - 560 024.
2. Ravi @ Palla,
S/o Selva,
Aged about 30 years,
R/at No.1138,
3rd Cross,
Chowdaiah Block
Near Maatha School,
Manjunatha Layout
R.T.Nagar,
Bangalore - 560 032. ...Petitioners
(By Sri. Ramesh L.B., Advocate)
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AND:
The State of Karnataka,
Represented by
Hebbala Police Station,
Bangalore City,
Bangalore. ...Respondent
(By Sri. R.D. Renukaradhya, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Cr.No.78/2020 of Hebbal Police
Station, Bengaluru City for the offences punishable under
Section 143, 144, 147, 148, 323, 324, 307, 504, 506 r/w
149 of IPC and Section 27 of ARMS Act.
This Criminal Petition coming on for Orders this day,
the Court made the following:-
ORDER
The present petition has been filed by the petitioners- accused Nos.3 and 4 under Section 438 of Cr.P.C. to enlarge them on bail in the event of their arrest in Cr.No.78/2020 of Hebbal Police Station, Bengaluru City for the offences punishable under Section 143, 144, 147, 148, 323, 324, 307, 504, 506 r/w 149 of IPC and Section 27 of ARMS Act.
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2. I have heard the learned counsel Sri. Ramesh L.B., for the petitioners-accused Nos.3 and 4 virtually and the learned High Court Government Pleader Sri. R.D.Renukaradhya for the respondent-State.
3. Because of the earlier enmity with the complainant, accused No.1 and his friends on 24.05.2020 at about 5 p.m. when the complainant and his friends were sitting near Pilekamma Temple, suddenly came to the spot and abused in filthy language and accused No.1 assaulted with long on his neck, when complainant was trying to escape, his forearm sustained injuries and other accused persons have assaulted with bats, clubs and lethal weapons. When the complainant shouted passers by and his friends came and by seeing them, they threatened the complainant and fled away from the place.
4. Learned counsel for petitioners-accused Nos.3 and 4 submits that already accused Nos. 2, 5 and 8 have been released on bail by the Trial Court. On the ground of -4- parity, petitioner-accused Nos.3 and 4 are also entitled to be release on bail. He further submits that no such alleged incident has taken place. If they have been assaulted with lethal weapons, there would have been grievous injuries caused to the complainant. But the F.I.R. does not mention any such injuries. He further submits that there are no serious overt-acts alleged as against the petitioners- accused Nos. 3 and 4. He further submits that even assuming the incident has taken place as alleged, the provision of section 307 is not attracted. The alleged offences are not punishable with death or imprisonment for life. They are 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 petition and to release the petitioners-accused Nos.3 and 4 on bail.
5. Though the petition has been seriously contested by the learned High Court Government Pleader, on perusing the records and the contents of the complaint there are no serious overt-acts have been alleged stating -5- that accused have assaulted with long and as a result he sustained injuries on his forearm. But the FIR does not mention the above said fact when already injured has been discharged from the hospital and he is out of danger. Alleged offences are not punishable with death or imprisonment for life.
6. Taking into consideration the above facts and circumstances and as already accused Nos.1, 2, 5 and 8 have been released on bail and the injured has been discharged, if by imposing some stringent conditions, if the petitioner-accused is ordered to be released on bail, it is going to meet the ends of justice.
In that light, this petition is allowed. The petitioner- accused Nos.3 and 4are ordered to be released on bail, subject to the following conditions:
i) Petitioners-accused Nos.3 and 4 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two sureties for the likesum to the satisfaction of the trial Court.-6-
ii) They shall not tamper with the prosecution evidence directly or indirectly.
iii) They shall be regular in attending the trial unless he is exempted for good reasons.
iv) They shall not leave the jurisdiction of the Court without prior permission.
v) They shall mark their attendance before the jurisdictional police on 1st of every month in between 10.00 a.m. and 5.00 p.m. till the trial is completed.
vi) They shall not indulge in similar type of criminal activities. If they are again indulged in similar type of criminal activities or violate any one of the conditions, the trial Court is at liberty to cancel the bail.
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JUDGE gpg/-