The Court of the LXI Additional City Civil and Sessions Judge, Bengaluru City (CCH-62), presided over by Smt. Nisharani A.C., B.A., LL.B., delivered a judicial order on April 15, 2024, dismissing a regular bail application filed under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The ruling in Criminal Miscellaneous Petition No. 2894/2024 denied regular bail to the petitioner, Sri Wilson (Accused No. 1 in judicial custody), in connection with Crime No. 468/2017 (now pending in S.C. No. 1019/2018) registered by the Chandra Layout Police Station, Bengaluru. The petitioner faced prosecution for serious offences punishable under Sections 307 (attempt to murder), 326 (voluntarily causing grievous hurt by dangerous weapons), and 504 read with Section 34 of the Indian Penal Code (IPC).
Factual Matrix and Prosecution Allegations
The criminal proceedings originated from an altercation during a festive celebration:
- The Incident: According to the prosecution case, on September 22, 2017, at approximately 6:00 PM, the complainant and his friends went near the Narasimha Temple at Attiguppe to celebrate the Ganesha Festival upon the invitation of one Niranjan.
- The Assault: While the group was participating in the celebrations around 7:30 PM, an altercation arose regarding dancing space. During the verbal dispute, the petitioner (Wilson) allegedly pulled out a knife and suddenly assaulted the victim on the abdomen, while co-accused Niranjan and Shivu assaulted him on the neck and right shoulder, resulting in grievous injuries.
- Judicial History: Following investigation, a charge sheet was filed under Section 307 IPC and other related provisions. Although the petitioner was initially granted bail during the crime stage, he subsequently absconded, leading to the issuance of non-bailable warrants (NBW) and proclamations following his absence during trial proceedings.
Details of the Petitioner
- Name: Sri Wilson (Petitioner / Accused No. 1)
- Father’s Name: Sri Philips
- Age: About 26 years
- Residential Address: No. 53, Hoysala Road, Indira Colony, Attiguppe, Bengaluru – 560 040.
- Legal Representation: Sri Sonappa Reddy Desai, Advocate
- Prosecution Representation: Learned Public Prosecutor, State by Chandra Layout Police Station
Submissions Advanced by the Parties
On Behalf of the Petitioner
- Innocence and Discharge of Injured: The defense maintained that the petitioner was innocent, that the injured victim had long been discharged from the hospital and was out of danger, and that his continued detention in judicial custody was unwarranted since the investigation had concluded and the charge sheet was filed.
- Reasons for Absence: Counsel explained that the petitioner’s failure to appear before the court earlier arose from a road traffic accident requiring bed rest, compounded by pandemic restrictions during the Covid-19 lockdown, rather than any intentional evasion of justice.
On Behalf of the Respondent (State)
- Opposition to Bail: The learned Public Prosecutor filed formal objections strongly opposing the bail application.
- Gravity of Offence and Conduct: The state emphasized that the charge sheet materials prima facie disclosed direct involvement in a heinous crime punishable with imprisonment for life under Section 307 IPC. Furthermore, given that the petitioner had previously jumped bail and forced the issuance of NBWs, releasing him at this stage would create a severe risk of abscondence, witness tampering, and trial obstruction.
Judicial Findings and Legal Reasoning
Upon evaluating the case records, charge sheet materials, and rival submissions, Smt. Nisharani A.C. recorded definitive findings on Point No. 1:
- Prima Facie Involvement: The court observed that the charge sheet and case papers disclose prima facie evidence linking the petitioner to a heinous offence of attempting to commit murder (Section 307 IPC), which carries a potential punishment of imprisonment for life.
- Significance of Charge Sheet: Citing authoritative legal precedents such as Virupaksha Gowda v. State of Karnataka (AIR 2017 SC 1685), the judge noted that the filing of a charge sheet substantiates a strong prima facie case after thorough investigation.
- Conduct and Apprehension of Flight: The court highlighted that the petitioner’s past conduct of remaining absent and necessitating proclamation proceedings weighed heavily against him. Holding that granting bail would risk witness tampering and delay the ongoing sessions trial (S.C. No. 1019/2018), the court concluded that the petitioner failed to make out sufficient grounds for regular bail.
Final Bail Rejection Order
Answering Point No. 1 in the negative, the Sessions Court passed the following order:
- The regular bail petition filed by the petitioner under Section 439 of Cr.P.C. in connection with S.C. No. 1019/2018 (Crime No. 468/2017 of Chandra Layout Police Station) is hereby DISMISSED.