Thirukumar @ Kutty vs State of Karnataka

Budihal. R.B., J.—This petition is filed by the petitioner-accused No. 1 u/s 439 of Cr.P.C. seeking his on bail of the offences punishable under Sections 353, 307, 399 and 402 of IPC and 25 & 3 of Indian Arms Act registered in respondent police station in Crime No. 141/2013. Brief facts of the case are that it is stated in the complaint that, on 27.06.2013 at about 11.35 A.M., when the complainant was on duty, he said to have received credible information that, the petitioner-accused No. 1 and his associates by parking TATA Indica Car bearing Registration No. KA-50-4021 at Oriental Technology Pvt., Ltd., Station Road, Shivajinagar, Bangalore making preparation to commit the murder of one Vijaykumar @ Kavala and his associates and also to commit dacoity. Immediately, the complainant and his staff and panchas came to the spot, encircled the accused and put them to their custody. However, two persons escaped from the spot. The petitioner-accused No. 1 said to have pointing the pistol and made attempt to fire on the complainant to do away his life. The complainant and his staff seized the car, pistol, bullets, dragger, chopper and mobile phones etc., in the basis of the complaint, the case was registered and the petitioner has been arrested.

I have heard the learned Counsel appearing for the petitioner-accused No. 1 and the learned High Court Government Pleader appearing for the respondent-State.

Learned Counsel for the petitioner, during the course of the arguments, submitted that the other accused persons have been already released on bail by the order of this Court and also by the order of the trial Court. Therefore, the present petitioner is also standing on the same footing as that of the accused persons who were released on bail. Similar allegations are made against him. The learned Counsel further submitted that the petitioner is not at all involved in the case and he has been falsely implicated. The learned Counsel further submitted that petitioner is ready to abide by any conditions to be imposed by this Court

As against this, learned High Court Government Pleader appearing for the respondent State, during the course of the arguments, submitted that the petitioner is the main accused in the case. He was holding pistol and he tried to fire on the complainant to commit murder. The learned Government Pleader further submitted that the said pistol has been seized at the instance of the petitioner accused. He further submitted that looking to the allegations made against the petitioner, they are not one and the same made as against the other accused persons. He further submitted that the petitioner had involved in many other cases as observed by the trial court in the bail order and hence, he is not entitled to be released on bail.

I have perused the averments made in the bail petition, FIR, complaint and the charge sheet materials. I have also perused the copy of the order passed by the trial Court in Crl. Misc. No. 3687/2013. Perusal of the materials on record and the original file would show that the petitioner has given voluntary statement and the pistol has been seized in the presence of the panch witnesses which is said to be possessed by the petitioner-accused No. 1. Looking to the orders produced by the learned Counsel for the petitioner, it is clear that accused Nos. 3 and 4 have been released on bail by the order of this Court. Accused Nos. 5 and 6 have also been released on bail by the order of the trial Court. investigation of the case is already completed and the charge sheet has been filed. A medical certificate produced by the learned Government Pleader goes to show that the injuries said to have been caused by the petitioner falls u/s 307 of IPC. With regard to the submission made by the prosecution that the petitioner is involved in many other cases, no supporting materials have been produced except making a statement. Regarding apprehension of the prosecution that if the bail is granted, the petitioners may abscond and they may tamper the prosecution witnesses is concerned, reasonable conditions can be imposed which will safeguard the interest of the prosecution. The offences are not punishable for death or imprisonment for life. Looking to all these aspects, I am of the opinion that the petitioner is also entitled to be released on bail. Accordingly, the petition is allowed. The petitioner is ordered to be released on bail of the offences punishable u/s 353, 307, 399 and 402 of IPC and Sections 25, and 3 of Indian Arms Act registered in respondent police station Crime No. 141/2013, subject to following conditions:--

I. The petitioner shall execute bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) each and shall offer a surety for the like sum to the satisfaction of jurisdictional Court.

II. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly.

III. The petitioner shall attend the concerned Court regularly.