M P RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is a petition for bail. The Respondent-State, on being noticed of the petition opposing the grant of prayer, has filed a detailed statement of objections. It has also filed supplement by way of additional statement of objections.

(2.) The record is perused. The matter is heard.

(3.) The facts : M. P. Ramesh (petitioner No. 1) M. S. Prakash (petitoner No.2), and Yogesha (petitioner No. 3) are arraigned as accused Nos. 1, 2 and 3 respectively in two cases registered in Crimes Nos.893/ 89 and 894/89 in the Police Station at Upparpet, Bangalore City, for the offences punishable u/Ss.143, 147, 148, 149, 427 and 307 read with S.149 of the Indian Penal Code and Ss.3,4 and 5 of the Explosive Substances Act, 1908. Petitioner No. 1 is the younger brother of one M. P. Jayaraj, arraigned as accused No. 17 in the cases. Petitioners Nos. 2 and 3 are full brothers. They are the sons of the sister of the said M.P. Jayaraj. There is a recreation club called "Padma Recreation Club", run by one B. C. Chinnappa. It is located in the First Floor of the Building bearing No. 130/ 1, Srinivasa Mandir Road, Balepet, Bangalore. In the Ground Floor of the said building, there is a shop called "Meena Trading Company", dealing in suit-cases. There are in all 8 shops in the said building. The building is surrounded by number of shopping premises and lodgings. It is situated just opposite to the building in which the jurisdictional Police Station is housed. About a fortnight prior to 18-9-1989, persons arraigned as A-12 to A-14, visited the Padma Recreation Club and demanded from B. C. Chinnappa, the owner, Mamul. B. C. Chinnappa refused to oblige A-12 to A-14. A-12 to A-14 left the Club stating that they were demanding the Mamul at the behest of M. P. Jayara; accused No. 17, who was then in Judicial Custody; that collection of Mamul was done earlier also at the instance of M.P. Jayaraj and that one Narayanappa, the former owner of the Club was acceding to the demand for Mamul. On 18-9- 1989 at about 6 p.m., it is the case of the prosecution, that persons arraigned as A-4 to A-8 in the cases, proceeded to the Bar and Restaurant called "Bhavani Bar and Restaurant" housed in the building in which the Padma Recreation Club and the Meena Trading Company are housed enjoyed drinking bouts, took food and went away without paying the bills. According to the prosecution, on the same day at about 6-40 p.m., the petitioners went to Padma Recreation Club to extract money. B. C. Chinnappa was present there. Petitioners Nos. 1 to 3 enquired with the Watchman of the Club as to where one Naveen Kumar had gone. As a matter of fact, there was no person with the name Naveen Kumar working in the Club, Petitioners Nos. 1 to 3 thereafter joined persons arraigned as A-4 to A-8, who were present in Bhavani Bar and Restaurant, taking drinks. The fact of petitioners Nos. 1 to 3 having joined A-4 to A-8 when A-4 to A-8 were in the Maharani Bar is spoken to by Veeraiah and Nagaraj, the Suppliers. It was Nagaraj who actually supplied liquor and food to the petitioners and A-4 to A-8. At about 7-20 p.m., the petitioners and their companions, arraigned as A-4 to A-8 and A-12 to A-14, went near the Meena Trading Company and threw country made hand bombs into the kitchen area of the Padma Recreation Club. They also threw country made hand bombs towards the Meena Trading Company. Of the four country-made hand bombs so thrown, three exploded and one which, had been thrown into the Padma Recreation Club, did not explode. A cloud of smoke emitted from the premises of Padma Recreation Club and Meena Trading Company as a result of the explosion of the three of the four country made hand bombs thrown by the petitioners and their companions. The inmates of the Padma Recreation Club and Meena Trading Company and the members of the public became scared and started running helter-skelter. The shops in the vicinity and proximity of the Padma Recreation Club and Meena Trading Company were closed. The traffic came to a dead halt. The members of the public present in the vicinity started running in a bid to save their lives. Petitioners Nos. 1 to 3 and accused Nos. 4 to 8 and 12 to 14 immediately after the occurrence ran from the spot in different directions. Accused Nos. 12 to 14 went on a motor-cycle bearing Registration No. CTO 805 towards the Tank Bund Road. Nagaraja (C.S.W.-6), the Supplier in the Bhavani Bar; Sridhar (C.S.W.-4), the Watchman of the Padma Recreation Club; Nagaraja (C.S.W11), the Sub-Inspector of Police (Traffic), Upparpet Police Station; Puttaswamy (C.S.W-12), the Head Constable; Padmaraja (C.S.W-8), the Owner of Padma Xerox Shop; Subbaraya (C.S.W-5), the Supplier in Padma Recreation Club; and Mohan (C.S.W-3), the Supervisor of Padma Recreation Club saw accused Nos. 12 to 14 proceeding towards the Tank Bund Road on a motor cycle. They have spoken to this fact in their statements recorded by the Police. The statements of M.P. Nagaraja (C.S.W13), a Police Constable, Ganganna (C.S.W14), another Police Constable; Sridhar (C.S.W-4); Subbaraya(C.S.W-5); Padmaraja (C. S . W .-8); and Nagaraja (C. S.W-6) show that they saw the petitioners and A-4 to A-8 and A- 12 to A- 14 having run away in different directions after the explosion of the bombs thrown by them. Soon after the occurrence, Sudarshana, the Partner of Meena Trading Company, went to Upparpet Police Station and there lodged his complaint with regard to the occurrence in his shop. On the strength of the complaint of Sudarshana' a case came to be registered in Crime No. 893 / 89 for the offences punishable u / S. 3 and 4 of the Act and S. 427 read with S. 34 of the Indian Penal Code. The case was registered at 7-40 p.m. B. T. Raju, the Receptionist of the Padma Recreation Club, went to the Police Station and lodged his written complaint in respect of the occurrence that happened in his club. It was on the basis of this complaint filed by B. T. Raju that a case was registered in Crime No.894/89 for the offences punishable for which Crime No. 893/89 had been registered. At the time of occurrence, the incidence of throwing bombs at various places in the Metropolitan City were on the increase. With a view to combat the menace and to bring to book the culprits responsible for the occurrence in question, the Police constituted a Special Squad consisting of the Assistant Commissioners of Police, Chickpet Division; Kengerigate Division; and Ulsoorgate Division. The investigation of the two cases was entrusted to them. During the course of investigation of the two cases, the Sub-Inspector of Police (Law and Order) attached to Ulsoor Police Station, received credible information at about 9 a.m. on 4-10-1989 that some of the culprits involved in the cases were likely to move on Bangalore-Mysore Road. To verify the information and to apprehend the culprits, if found, the Sub-Inspector proceeded to Mysore Road and stayed there keeping a watch. He noticed a car bearing Registration No. MEG 229 moving on the road, carrying about six persons. He stopped the car and noticed six persons therein. They were petitioners Nos. 1 and 2 and persons arraigned as A-6, A-7, A-13 and A-16. He could apprehend only petitioner No. 2 and A-6 and A-7. Petitioner Nos. 1 A-13 and A-16 made good their escape. A search of the car revealed two country-made hand bombs, two swords, two choppers and three clubs. The Sub-Inspector seized them in the presence of panchas under a mahazar. On the same day, i.e., on 4-10-1989, at about 10 p.m., the Sub-Inspector of Police with the help and assistance of his staff arrested petitioner No. 3 and accused No. 8 while they were moving on a Luna bearing Registration No. CKP 2964 at 3rd Cross, Wilson Garden, Bangalore City. A personal search of petitioner No. 3 disclosed the possession of two country-made hand bombs and a chopper. The Sub-Inspector seized them under a panchanama in the presence of panchas. On 5-10-1989, petitioner No. 1 was arrested near Electrical Crematorium, Wilson Garden while he was moving on a motor-cycle bearing Registration No CNU- 1727 The Sub-Inspector of Police of Chickpct Police Station, who apprehended and arrested petitioner No. 1, searched his person. Petitioner No. 1 was found in possession of a country made .22 Revolver and 25 cartridges. Seven out of twenty-five were found loaded in the Revolver. According to the prosecution, as a result of the information furnished by petitioner No. 2, two country-made bombs, a sword and two choppers were recovered on 5-10-1989 from the residence of M.P. Jayaraj at Wilson Garden. The prosecution case is, petitioner No. 2 was residing, at the material time, in the house of M.P. Jayaraj. Petitioner No. 1 furnished information and recovered three country-made hand bombs on 5-10-1989 from the residence of one of the wives of M.P. Jayaraj by name Asha Jayaraj at Lakkasandra Extension. Petitioner No. 3 gave information on 12-10-1989 to produce a sword and two choppers. The information led to the recovery of a sword and two choppers from the house of one Sharada at No. 5, 5th Cross, Laljinagar. Sri D'Souza, one of the members of the Squad the C.P.I. of Vijayanagar Sub-Division, arrested five persons, namely, Raja alias Chola Raja, Paramesha, Yogaraj, Ranganatha Naidu alias Ranga and Srinivasamurthy on 3-10-1989 at Kamalanagar. Bomb, detonators and gelatine sticks were seized from their possession. Sri D'Souza arrested Jaderahalli Krishna A-12 at 7-30 a.m. on 4-10-1989 at Kaggadasapura. He was found in possession of a .22 Revolver loaded with six cartridges. There were four cartridges and a sword below the pillow he was using. A-12 came to be arrested while he was sleeping in his house. There were gelatine sticks, detonators, fire-arm, ammunition and components of bombs in his house. A personal search of A-12 brought out a letter written in Kannada Language, containing directions purported to have been issued by M. P. Jayaraj, the leader of the group. The prosecution case is, in respect of the properties found in the possession of A-12, a case came to be registered in the Police Station at Basaveshwaranagar in Crime No.389/89 u/Ss. 3, 4 and 5 of the Act against A-12, M. P. Jayaraj and others and the investigation has resulted in the submission of a charge-sheet against them. On 5-10-1989, the Sub-Inspector of Police, Madivala Police Station, arrested A-14 at Hongasandra. A- 14 had a bomb, two gelatine sticks and four detonators. The Sub-Inspector of Police registered a case in respect of the property found with A-14 in Crime No. 451/ 89 against A-14 and others. The prosecution case is that a case has been registered in Crime No. 425/ 89 for the offence punishable u/S. 395 of the Indian Penal Code in Kalasipalyam Police Station on the complaint of one Subbarao. According to it, during the course of investigation of the said case, a motor-cycle belonging to the complainant stolen away as a result of dacoity, has been recovered on the information furnished by Ranganatha Naidu, one of the associates of A-12. The prosecution case is, A-12 and A-14 were participants in the crime of dacoity; that they ran away from the scene taking the motor-cycle; that they changed its Number Plate and Colour; and that the investigation in the aforesaid case is under progress. It is the case of the prosecution that petitioners Nos. 1 to 3 and their companions acted in a concert at different point of time under the orders of M.P. Jayaraj and committed the offences at different places in the Metropolitan Area by exploding bombs with a view to threaten and terrorise the business community and the members of the public. The motive, according to the prosecution, was to extract money and valuable property. The prosecution alleges that petitioners Nos. 1 to 3 and their companions are a source of menace to the law and order situation in the Metropolitan Area and they posed a threat to the peaceful life of innocent persons living in different parts of the Metropolitan Area. According to the prosecution, the bombs recovered either from the possession of the petitioners and their companions or at their instance had been sent to the Forensic Science Laboratory; that the analysis has shown that they are constituents of explosive substance that they could be used for making country made hand bombs and that the explosion of such bombs is dangerous to human life and property and is likely to cause injuries and death. According to the prosecution, petitioners Nos. 1 to 3 had been prosecuted u/S. 110(e) and (g) of the Code of Criminal Procedure (the Code for short) and that petitioners Nos. 1 and 2 are rowdy-sheeted persons in Wilson Garden Police Station. The prosecution has contended that the evidence collected during the course of investigation has shown that the petitioners and their companions are prone to indulge in the commission of the offences of the kind registered against them in the two crime numbers and other offences with a prior concert, in a planned manner. It also alleges that they are in the habit of indulging in violence irrespective of the places and unmindful of the consequences. According to it, when the petitioners were sent to Mysore Jail with a view to obviate any untoward incident involving them and one Kitti alias Krishnoji Rao, their arch rival who has been lodged in the Central Prison, Bangalore City, they conspired to commit offences either in the Jail or outside if released on bail. Because of this conspiracy, they had to be sent to Mangalore Jail. According to the prosecution, on 6-11-1989 the petitioners were brought to Bangalore City from Mangalore Jail for purposes of being produced before the Committal Magistrate; that after the Court proceedings were over, they were taken to the Central Prison, Bangalore, by escort party and that there at about 5 p.m. these petitioners and others including A-12 acquired dangerous weapons like razor, knife, dagger and iron-rod stealthily from some other under-trial prisoners detained in the Central Jail, who were their associates and of their acquaintance and with the weapons so acquired, attacked Kitti alias Krishnojirao and his associates and committed the offences of rioting and attempt to commit murder. In the occurrence, 9 persons lodged in the Prison as under-trial prisoners were injured. One among them was seriously injured. A case came to be registered in the Upparpet Police Station in Crime No. 1031/89 u/Ss. 120-B, 143, 147, 148 and 307 read with S. 149 of the Indian Penal Code in respect of the occurrence in the Prison premises and the investigation was taken up. The investigation is in progress.