IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.7388/2018 BETWEEN :
Ajith S/o Chikkadurgegowda Aged about 26 years R/at Near Government School, 9th Cross, Sharada Main, Chunchaghatta Bangalore-560 062.
(By Sri Satish V., Advocate) AND :
The State of Karnataka by Kumaraswamy Layout Police Station Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001.
(By Sri K.P. Yoganna, HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.30/2018 of Kumaraswamy Layout Police Station, Bengaluru, for the offences punishable under Sections 143, 147, 148, 201, 120(B) and 302 r/w Section 149 of Indian Penal Code and under Section 25 of Indian ARMS Act, 1959.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R This petition is field by accused No.4 under Section 439 of Cr.P.C. praying to release him on regular bail in Crime No.30/2018 (CC.No.11727/2018) of Kumaraswamy Layout Police Station for the offences punishable under Sections 143, 147, 148, 302, 201, 120B r/w. Section 149 of IPC and Section 25 of Indian Arms Act.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. Gist of the complaint is that on 5.2.2018 at about 5.00 p.m. when the complainant was in his shop, some persons came and informed that his son Kumar has been murdered by 3 to 4 persons near Nanjappa Layout. He was also informed that the accused persons used deadly weapons like long, chopper to cause his son’s murder. The complainant along with his wife and daughter went to the spot and saw his son lying in a pool of blood. Immediately they came to know that some persons came in a car bearing Regn.No.KA-51-N-2120 and murdered his son and ran away from the said place. On the basis of the said complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused Nos.1 and 5 to 9 have been released on bail and on the ground of parity the petitioner is also entitled to be released on bail. He further submitted that CWs.19 to 22 are the eye witnesses to the alleged incident and there is no specific allegation as against the petitioner to show that the petitioner has actively participated in the alleged crime. Already charge sheet has been filed and the entire charge sheet material shows the only allegation which has been made as against the petitioner is that he has thrown chilli powder over the deceased and conspired with the other accused. Except that there is no specific overt act as against the petitioner. Even the petitioner has not assaulted the deceased. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner along with other accused persons conspired and caused the death of the deceased. He further submitted that statement of the eye witnesses would indicate that the petitioner along with other accused persons was moving around the house of the deceased and it is the petitioner who has thrown chilli powder over the deceased when the accused persons assaulted the deceased with deadly weapons and caused his murder. The alleged offences are punishable with death or imprisonment for life. If the petitioner is enlarged on bail, he may tamper with the prosecution witnesses and he may abscond and may not available for trial. On these grounds, he prayed to dismiss the petition.
6. I Have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records. On going through the contents of the complaint and other material, it would indicate that CWs.19 to 22 are the eye witnesses to the alleged incident. They have specifically stated about the actual role played by the petitioner and the only allegation which has been made as against the petitioner is that he has thrown chilli powder over the deceased. Except that no other allegations have been made against him to show that he actually assaulted the deceased and caused grievous injuries and caused his death. As could be seen from the records, already accused Nos.1 and 5 to 9 have been released on bail under the similar facts and circumstances. On the ground of parity, the petitioner is also entitled to be released on bail.
Accordingly, the petition is allowed. Petitioner- accused No.2 is ordered to be released on bail in Crime No.30/2018 (CC.No.11727/2018) of Kumaraswamy Layout Police Station for the offences punishable under Sections 143, 147, 148, 302, 201, 120B r/w. Section 149 of IPC and Section 25 of Indian Arms Act, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall not leave the jurisdiction of the trial Court without prior permission.
iv) He shall not indulge in similar type of criminal activities in future.
v) He shall be regular in attending the trial Court as and when he is ordered to do so.
Sd/- JUDGE *ck/-