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Chandan @ Abcd Chandan v/s State of Karnataka, Rep. by the State Public Prosecutor, Benglauru


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

Company & Directors' Information:- CHANDAN AND COMPANY LIMITED [Active] CIN = U51909PB1985PLC006598

Company & Directors' Information:- G E CO PUBLIC LIMITED [Strike Off] CIN = U36900WB1951PLC021802

    Criminal Petition No. 3518 of 2020

    Decided On, 28 August 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE H.P. SANDESH

    For the Petitioner: P. Rudrappa, Advocate. For the Respondent: K. Nageshwarappa, HCGP.



Judgment Text


(Prayer: This Criminal Petition is filed Under Section 439 of Cr.P.C. praying this court to enlarge the Petitioner on bail in Cr.No.429/2019 (C.C.No.1530/2020) of Nandini layout P.S., Benglauru for the offences punishable under Sections 302 and 212 read with Section 34 of IPC.)

Through Video Conference:

1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.429/2019 (C.C.NO.1530/2020) of Nandini Layout Police Station, Benglauru for the offences punishable under Sections 302 and 212 read with Section 34 OF IPC.

2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State.

3. The factual matrix of the case is that the victim Umamaheshwar was studying in MES College and that on 19.11.2019 at about 2.30 p.m., the victim abused the accused No.2 and hence accused No.2 on the very same day went near the house of the victim and questioned the act of the victim. There was prior enmity between the victim and the petitioner. Hence, on 20.11.2019 the petitioner engaged the services of the other accused persons to eliminate the victim and he carried the long in his bag and inflicted the injuries on the victim along with others. As a result, the injured succumbed to the said injuries on 21.11.2019. Based on the complaint of the father of the deceased, case has been registered against the petitioner and others for the offences punishable under Sections 302 and 212 read with Section 34 of IPC.

4. The main contention of the petitioner before this Court is that accused No.7 has been enlarged on bail by this Court in Crl.P.No.85/2020 vide order dated 16.02.2020. Hence, the petitioner is also entitled for bail on the ground of parity. The learned counsel for the petitioner would also submit that the injuries inflicted by the petitioner is not on his vital part of the body. At the most, it attracts offence punishable under Section 307 of IPC and not under Section 302 of IPC. Hence, he is entitled for bail.

5. Per contra, the learned High Court Government Pleader appearing for the State would submit that the motive for commission of the offence is that there was prior enmity between the petitioner and the deceased. Hence, the petitioner engaged the services of other accused persons and apart from that, he carried the deadly weapon long in his bag and inflicted injuries on the deceased. When such being the case, when the petitioner went with deadly weapon, this Court cannot come to the conclusion that there was no intention to take away the life of the deceased at this stage. Hence, the submission of the learned counsel for the petitioner that the offence at the most attracts Section 307 of IPC, cannot be accepted. Hence, prayed this Court to dismiss the petition.

6. Having heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the State, this Court has to examine whether it is a fit case to exercise the powers under Section 439 of Cr.P.C.

7. Having considered the submissions of respective counsel and on perusal of the material available on record, it shows that there was prior enmity between the petitioner and the deceased. The main allegation against the petitioner is that he took other accused persons along with him with an intention to take away the life of the deceased and the incident took place in the presence of the petitioner and he carried the deadly weapon long in his bag and inflicted the injuries. When such being the facts and circumstances of the case, at this stage this Court cannot come to a conclusion whether there

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was an intention to take away the life of the deceased or not and it requires trial. Whether it attracts Section 307 or 302 of IPC cannot be decided at this juncture. Hence, it is not a fit case to exercise the powers under Section 439 of Cr.P.C to enlarge the petitioner on bail. 8. In view of the discussions made above, I pass the following: ORDER The petition is rejected.
O R







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