Shiva, S/o Kannan v. State, By Bommanahalli Police Station, Bengaluru
2017-09-14
RATHNAKALA
body2017
DigiLaw.ai
ORDER : Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State. 2. The petitioner (A6) along with 6 others is charge sheeted by the respondent police in their Crime No.82/2017 in respect of the offences punishable under Sections 143, 147, 148, 120(B), 302 r/w 149 of IPC and under Sections 3(2)(v) of SC/ST Act. 3. The allegation is, there used to be quarrel for a long time between deceasedArunkumar and the accused persons. The deceased had quarreled with A7 and his wife on 21.06.2016. In this regard, a complaint was lodged to the jurisdictional police in respect of the offences punishable under Sections 427, 324, 354, 506 of IPC and the trial is pending. The petitioner had lodged complaint against the deceased and the mother of the deceased had lodged complaint against the petitioner and his sons (A1 and A2), action was initiated against them under Section 107 of Cr.P.C, on the statement of A7. During morning hours of 04.07.2017, the accused persons surrounded the deceased and stabbed him to death. The complaint is lodged by CW.1. The father of the deceased is the eyewitness also. That apart, CWs.2 to 4 are also eyewitnesses. 4. Learned counsel for the petitioner submits that the petitioner is in custody since February 2016. Since the charge sheet is submitted, the question of winning over the witnesses will not arise. Moreover, he undertakes to abide by any conditions that may be imposed on him. 5. Learned HCGP opposes the petition. 6. However, on observing that the incident is alleged to have been occurred during day time in the presence of witnesses, it is felt that at this stage, the petitioner is not entitled for bail. Hence, petition is rejected. The trial Court is directed to frame the charge and commence the trial. Liberty is reserved to the petitioner to move fresh bail petition. After the evidence of material witnesses i.e., eyewitnesses and recovery of mahazar witnesses is complete. The trial Court is directed to make all endeavor to frame charge and record the evidences of said material witnesses as far as possible within 30 days of communication of this order. Learned counsel for the petitioner is requested to communicate this order to the concerned Court.