Kishore Kumar V vs State Of Karnataka State By Bagalagunte P.S., Represented By State Public Prosecutor, High Court Of Karnataka, Bangalore-560001

S Vishwajith Shetty, J

Accused No.2 in S.C.No.1101/2022 pending before the Court of LXIX Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.99/2022 registered by Bagalagunte Police Station, Bengaluru City, for the offences punishable under Sections 302 r/w 34 of IPC, is are before this Court under Section 439 of Cr.P.C.

Heard the learned counsel for the parties.

F.I.R. in Crime No.99/2022 was registered by Bagalagunte Police Station, Bengaluru City, against Pawan and the petitioner herein for the aforesaid offences on the basis of first information dated 02.03.2022 received from Sunanda M, wife of deceased Mohan Kumar B R. During the course of the investigation, the petitioner herein arrayed as accused No.2 in the FIR was arrested on 02.03.2022 and subsequently remanded to the judicial custody. Investigation in the case is completed and charge sheet has been filed against two persons. Petitioner herein is arrayed as accused Nos.2 in the charge sheet.

The bail application filed by the petitioner in Crl.Misc.No.11509/2023 before the jurisdictional Sessions Court was rejected on 23.01.2024. Therefore, he is before this Court.

Learned counsel for the petitioner submits that the petitioner is aged about 25 years and he in custody for the last 2 years 8 months. The prosecution has in all cited 45 charges sheet witnesses in the present case and till date only one charge sheet witness is examined before the trial Court. He submits that considering the period of incarceration his prayer for grant of regular bail may be allowed.

Per contra, learned HCGP, who has opposed the bail petition submits that there are eye witnesses to the incident in question and the petitioner has another criminal case registered against him for the offence punishable under Section 307 of IPC. Accordingly, he prays to dismiss the petition.

FIR in the present case was initially registered against Pawan and Kishor on the basis of first information received from Sunanda M, wife deceased Mohan Kumar. During the course of investigation, the petitioner herein was arrested on 02.03.2022 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed. In the charge sheet it is alleged that accused No.1 had fought with deceased Mohankumar about two months prior to the date of incident in Friends Bar & Restaurant and in this back ground accused No.1 had ill-will against Mohankumar. On 01.03.2022 he along with accused No.2, had fought with Mohankumar inside Friends Bar & Restaurant, within the jurisdiction of Bagalgunte Police Station and after Mohankumar went out of the "Friends Bar & Restaurant", accused Nos.1 and 2 had followed him and accused No.1 allegedly assaulted Mohankumar on his face with a wooden club and accused No.2 also allegedly assaulted Mohankumar with the same club on the neck and face of Mohankumar. As result of said assault Mohankumar had died.

The petitioner who is a youngster aged about 25 years, is in custody for the last 2 years 8 months. The prosecution has cited 45 charge sheet witnesses in the present case and till date only one charge sheet witness has been examined before the trial Court. Therefore, chances of the trial being completed and case being disposed of on its merits in the near soon is very remote. In the other criminal case which was registered against the petitioner for the offence punishable under Section 307 of IPC, he was tried in S.C.No.1888/2018 by the Court of LVIII Additional City Civil and Sessions Judge, Bengaluru, and by judgment and order dated 25.11.2022, the petitioner has been acquitted in the said case. Considering the aforesaid aspects of the matter, more so the period of his incarceration, I am of the opinion that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.

Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in S.C.No.1101/2022 pending before the Court of LXIX Addl. City Civil and Sessions Judge, Bengaluru, arising out of Crime No.99/2022 registered by Bagalagunte Police Station, Bengaluru City, for the offences punishable under Sections 302 r/w 34 of IPC, subject to the following conditions:

a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;

e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.