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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.4989 OF 2021

BETWEEN:

CHANDANA.D

S/O LATE DEVARAJU,

AGED ABOUT 27 YEARS,

R/AT 1^ST CROSS, BASAVANGUDI,

C/O RAMESH RENT HOUSE,

MANDYA CITY,

MANDYA DISTRICT

& PETITIONER

(BY KUM: RAKSHA KEERTHANA.K, ADVOCATE)

AND:

STATE OF KARNATAKA

BY MANDYA EAST POLICE STATION

MANDYA DISTRICT

REPRESENTED BY ITS PUBLIC PROSECUTOR,

HIGH COURT COMPLEX

BENGALURU-560 001.

& RESPONDENT

(BY SRI: K.S.ABHIJITH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

CR.NO.32/2019 (S.C.NO.87/2019) REGISTERED OF MANDYA

EAST

POLICE

STATION,

MANDYA

FOR

THE

OFFENCE

PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 302, 149,

120B OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT PASSED THE FOLLOWING:

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O R D E R

The petitioner-accused No.1 is before this Court

seeking grant of bail under Section 439 of Cr.P.C. in Crime

No.32/2019 and in S.C.No.87/2019 of Mandya East Police

Station, registered for the offences punishable under

Sections 120B, 143, 147, 148, 302, 341 read with Section

149 of IPC, pending on the file of the IV Additional District

and Sessions Judge, Mandya, on the basis of the first

information lodged by the informant-Renukadevi.

2.

Heard Kum. Raksha keerthana.K., learned

Counsel for the petitioner and Sri. K.S.Abhijith, learned

High Court Government Pleader for the respondent-State.

Perused the materials on record.

3.

Learned Counsel for the petitioner submitted

that the petitioner is arrayed as accused No.1. He is

innocent and law abiding citizen. He has not committed

any offences as alleged. He has been falsely implicated in

the matter without any basis. He was apprehended on

08.04.2019 and since then he is in judicial custody. The

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main allegation is against accused No.6. The investigation

has been completed and the charge sheet is also filed.

Under such circumstances, the petitioner is not required to

be detained in the custody, except, to ensure his presence

before the trial Court. Learned counsel further submitted

that the petitioner is suffering from various ailments as he

suffered fracture in the year 2014. Subsequently, he

underwent surgery and now his health condition is not

good. There are several charge sheet witnesses to be

examined before the trial Court. The trial may take

sufficiently long time. The petitioner is the permanent

resident of the address mentioned in the cause title to the

petition and is ready and willing to abide by any of the

conditions that would be imposed by this Court. Hence, he

prays to allow the petition.

4. Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioner for having

committed the offences. He is the main accused who led

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the mob and assaulted the deceased with sharp edged

weapons, which has resulted in the death of the deceased.

CWs.1 to 4 are the eye-witnesses to the incident, out of

them, CW.1 is the mother of the deceased. The weapons

i.e., knife, long, dragger, etc., used in the commission of

offence were recovered at the instance of the present

petitioner and accused Nos.2 to 4. The present petitioner is

a rowdy-sheeter against whom Crime No.222/12 of

Mandya Police Station, for the offence punishable under

Section 302 of IPC, Crime No.10/2017 in Mandya Police

Station for the offences punishable under Sections 323,

324 of IPC are registered. Therefore, if the petitioner is

enlarged on bail, he will terrorize the prosecution

witnesses

and

he

may

commit

similar

offences.

Considering the seriousness of the offences, the present

petitioner is not entitled for grant of bail.

5.

Learned HCGP further submitted that the

fracture said to have been sustained by the present

petit