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2021 DIGILAW 1 (KAR)

Koushik Raj v. State of Karnataka

2021-01-01

B.A.PATIL

body2021
ORDER : B.A. PATIL, J. 1. The present petition has been filed by the petitioner-accused No. 4 under Section 439 of Cr.P.C. to release him on bail in Crime No. 177/2019 of Srirampura Police Station for the offences punishable under Sections 120(B), 143, 144, 147, 148, 302 r/w. 149 of Indian Penal Code. 2. I have heard the learned Counsel Sri Pradeep C.S. for the petitioner-accused No. 4 and the learned High Court Government Pleader Sri Mahesh Shetty for the respondent-State. 3. The gist of the complaint is that the son of the complainant was unemployed for a long time and subsequently he was employed in Zomato and was working as a delivery boy about 2-3 days. Her son was staying at his friend's residence. On 26.12.2019, he returned to home at about 5:00 p.m. and took a bath and had dinner. At about 7:00 p.m., he received a call from one of his friend and he by stating to the complainant that he will come back and went out. At about 9:30 p.m., she received a call from Dileep, who is a friend of her son stating that himself and Manjunath were called at about 9:15 p.m. by Thilak to discuss about money relates near L.N. Pura Bus Stand and when they went towards the bus stop, all of a sudden Thilak and 4 to 5 of his associates attacked deceased Manjunath with machu and knives and assaulted all over his body and as a result of the same, he has lost his consciousness and fell down and the Police got him admitted to K.C. General Hospital. On the basis of the complaint, a case has been registered. 4. It is the submission of the learned Counsel for the petitioner-accused No. 4 that earlier petition filed by him was dismissed and subsequently another petition was filed. The same has been withdrawn on 25.11.2020. Subsequently, accused Nos. 5, 6, 7, 9 and 10 have approached this Court and they have been enlarged on bail. Under the changed circumstances, the petitioner-accused No. 4 is approaching afresh by filing a present petition. 5. It is his further submission that as per the charge sheet material, the only allegation which has been made as against the petitioner-accused No. 4 is that when the deceased Manjunath fell on the ground, the petitioner-accused No. 4 has assaulted with knife on his private part. 5. It is his further submission that as per the charge sheet material, the only allegation which has been made as against the petitioner-accused No. 4 is that when the deceased Manjunath fell on the ground, the petitioner-accused No. 4 has assaulted with knife on his private part. But the PM report given by the Victoria Hospital indicates that organs of generation, external and internal are intact and even the kidneys are also pale and intact that itself goes to show that the petitioner-accused No. 4 has not assaulted the deceased as alleged by the prosecution. It is his further submission that though there are allegations made as against accused No. 5 that he has assaulted on the chest of the deceased and the PM report also shows that the death is due to multiple stab injuries sustained to chest, he has been released on bail. Therefore, on the ground of parity, the petitioner-accused No. 4 is also entitled to be released on bail. It is his further submission that the petitioner-accused No. 4 is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition. 6. Though the said application has been seriously contested by the learned HCGP by contending that earlier petition has been considered by appreciating on merits, on close reading of the charge sheet material, the PM report indicates that kidneys are pale and intact and the organs of generation, external and internal are intact and even accused Nos. 5, 6, 7, 9 and 10 have already been released on bail. Hence, on the ground of parity, the petitioner-accused No. 4 is also entitled to be released on bail. Taking into consideration of the aforesaid facts and circumstances of the case, the petition is allowed and accused No. 4-petitioner herein is enlarged on bail in Crime No. 177/2019 of Srirampura Police Station for the offences punishable under Sections 120B, 143, 144, 147, 148, 302 r/w. Section 149 IPC, subject to the following conditions:- i) Petitioner-accused No. 4 shall execute a personal bond for Rs. 2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court. ii) He shall be regular in appearing before the trial Court till the trial is completed, unless he is exempted by the trial Court for genuine reason. 2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court. ii) He shall be regular in appearing before the trial Court till the trial is completed, unless he is exempted by the trial Court for genuine reason. iii) He shall not tamper with the prosecution evidence in any manner. iv) He shall mark his attendance before the jurisdictional police once in a month between 10.00 a.m. and 5.00 p.m. till the trial is concluded. v) He shall not leave the jurisdiction of the trial Court without prior permission. vi) He shall not indulge in similar type of activities. vii) If he violates any one of the conditions, the bail is liable to be cancelled.