MAJRODDIN @ MAZAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner/accused No.1 who is before this court filed petition under section 439 of Code of Criminal Procedure for grant of regular bail in crime No.229/2017 for the offences punishable under sections 302 and 201 of Indian Penal Code and under sections 3(1) 3(2) (V) of SC/ST (PA) Act, 1989 pending on the file of Juvenile Justice Board at Bidar.

(2.) The case of the prosecution is that, the juvenile offender who is child in conflict in law alongwith other accused persons have caused the death of Rajkumar S/o Vithalrao Dakolgikar resident of Aitwal village Humnabad Taluka, on the ground that he has abused accused No.4/child in conflict in law and other accused persons in filthy language through mobile phone and threw the dead body of Rajkumar near Gadi Detergent Factory of Backchowdi road, Kolar-K Industrial Estate Bidar. Therefore the jurisdictional police have registered a case in crime No.229/2017 against the present petitioner and others for the offences punishable as stated supra. Therefore, he is before this court, sought for the relief.

(3.) Sri.Sanjay A. Patil learned counsel appearing for the petitioner/accused No.2 vehemently contended it is an undisputed fact that, the police records depicts that, petitioner is a minor aged about 16 years, being a child in conflict in law and a student studying in 1st year ITI (Electrician), Section 12 of Juvenile Justice Act, is clear that, whenever a Juvenile is produced before the Juvenile Justice Board and the said Juvenile is produced before the Juvenile Justice Board and the said Juvenile is accused of bailable or non-bailable offence such accused person shall notwithstanding anything contend in the Code of Criminal Procedure 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety (or placed under the supervision of a probation officer or under the care of any fit institution or fit person) but he shall not be so released if there appear reasonable grounds for believing that, the release is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release should defeat the ends of justice. He would further contend that the name of the petitioner does not find a case as accused in the FIR and subsequently on the basis of the voluntary statement of the co-accused, the petitioner has been roped in the case as accused No.4. It is further submitted that on behalf of the petitioner, his natural guardian i.e., mother has filed an affidavit before the Juvenile Justice Board stating that in event of the petitioner is released on bail, he shall not be brought into association with any known criminal or expose him to moral, physical or psychological danger. It is further contended that the petitioner was studying in ITI First Year (Electrician), aged about 16 years and if he is made to languish in observation home, his bright future and his education will be seriously hampered. It is further submitted that the petitioner is from respectable family and his family having deep roots in the society and was permanent resident of Aurad-S taluk, Bidar district. Hence, sought to allow the petition by releasing the petitioner on bail.