Ashoka @ Bharath vs State Of Karnataka

Mohammad Nawaz, J

This petition is filed under Section 439 of Cr.P.C by accused No.1 in Crime No.78/2020 of Vijayanagar Police Station, registered for offences punishable under Section 120B, 302 read with 34 of IPC.

On completion of investigation, charge sheet has been filed against accused Nos.1 to 8 for offences punishable under Sections 120B, 302, 201, 109 read with 34 of IPC.

Heard both side.

The case of prosecution is that deceased-Ashrith, CWs.1 and 8 were working in a hair and Skin Factory of S.R.S Wellness Company belonging to accused No.8. Thereafter, they left the job and on 15.03.2020, opened 'Infinity hair and skin solution' in the basement of a building belonging to CW22, situated in Vijayanagar. Hence, there was enmity between accused No.8 and the deceased. In this background, accused No.8 conspired with accused Nos.1, 2 and 7 to commit the murder of Ashrith and gave an advance of Rs.10,000/- to them. In turn Accused Nos.1, 2 and 7 conspired with accused Nos.3 to 6 and on 17.06.2020, all the said accused came to one Chamundeshwari tea stall situated at 4th stage Basavanahalli. From there accused No.1 and 4 traveled in a Dio two wheeler bearing No.KA-03, KA-9047 and accused Nos.2 and 3 travelled in a two wheeler bearing Registration No.KA-04-HX- 8104. At about 11.00 a.m., when the deceased was proceeding on a scooter bearing No.KA-09-HY-7344, accused Nos.1 and 4 hit the said scooter with their two wheeler and all the accused namely accused Nos.1 to 4 picked up quarrel with deceased. Accused No.3 fisted the deceased on his face and took out a knife and stabbed him on the left side of his abdomen and again stabbed him on the left thigh and committed murder. Thereafter, all the accused fled away from the scene.

Petitioner had approached this Court in Criminal Petition No.2142/2021. In the said petition, he was released on bail for a limited period of two months on the ground that his mother passed away on 27.05.2021 and there was no one to look after his aged father who had to under go a surgery.

Learned counsel for the petitioner submits that after the said period of two months, the petitioner surrendered before the jurisdictional Court and he has been sent to judicial custody. The said petition was not considered on merits. The petitioner has also made available a copy of the order passed by this Court in criminal petition No.1939/2021, wherein, this Court has enlarged accused No.4 on bail.

The learned High Court Government Pleader has contended that there are three eye witnesses namely CWs.23 to 25 who have clearly stated that the petitioner, accused No.4 as well as accused Nos.2 and 3 came on two motor cycles and the motorcycle in which the petitioner was traveling hit against the two wheeler of the deceased and thereafter all the accused picked up quarrel with the deceased and one of the accused namely accused No.3 stabbed the deceased and committed the murder. She therefore contends that there was common intention for all the accused to commit the murder. She contends that all the accused have conspired together and committed the murder at the instigation of accused No.8.

The allegations against the present petitioner is that he was traveling along with accused No.4 in one of the motorcycles and the said motorcycle hit the two wheeler in which the deceased was proceeding. Thereafter, all the accused picked up quarrel with the deceased and accused No.3 stabbed him on the left side of his abdomen and also on the left thigh.

The intention of the petitioner to commit the murder as alleged by the prosecution has to be established during the course of trial. It is not the case of prosecution that petitioner was armed with any weapon or that he has also assaulted the deceased. The veracity of the statements of the eye witnesses that this petitioner who was along with accused No.4 hit the said motorcycle of the deceased with their vehicle and made the deceased fall etc., has to be tested in the course of trial. Accused No.4 against whom similar allegations as that of accused No.1 i.e., the petitioner herein is made, has been enlarged on bail by this Court in Criminal Petition No.1939/2021 vide order dated 31.08.2021. Petitioner is in judicial custody since 21.06.2020. Investigation is completed and charge sheet has been filed. In the said facts and circumstances, petitioner can be admitted to bail by imposing conditions. Hence, the following:

ORDER Petition is allowed.

The petitioner/Accused No.1 is ordered to be enlarged on bail in Crime No.78/2020 of Vijayanagar Police Station, on a bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for likesum to the satisfaction of jurisdictional Court subject to following conditions:

(i) Petitioner shall furnish proof of his residential address and shall inform the court, in case of change in the address.

(ii) Petitioner shall not tamper with the prosecution witness either directly or indirectly.

(iii) Petitioner shall not leave the jurisdiction of the trial court, without prior permission of the learned trial judge.

(iv) Petitioner shall be regular in attending the trial proceedings.

(v) Petitioner shall not involve in any criminal activities.