IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6454/2017 BETWEEN:
Ananda @ Gunda (A-2) S/o. Muniyallappa, Aged about 26 years, R/o. Kamarasanahalli, Jodigenahalli Hobli, Hosakote Taluk, Bangalore District-562114. ... Petitioner (By Sri. B. Siddeswara, Advocate) AND:
The State of Karnataka By Anugondanahalli Police Station, Hosakote Taluk. … Respondent (By. Sri. S. Vishwamurthy, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C. No.26/2017 pending on the file of the VIII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru in crime No.48/2016 of Anugondanahalli Police Station, Bengaluru for the offence p/u/s 302 read with 34 of IPC.
This Criminal Petition is coming on for orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the respondent.
2. The petitioner (accused-2) along with two others is charge sheeted by the respondent police in respect of the offence punishable under Section 302 of IPC.
4. The allegation is, in pursuance of his enmity against the deceased, first accused conspired with accused No.2 and 3 to finish him off: during the evening hours of 28.05.2016, accused No.2 and 3 took the deceased in a motorbike to an eucalyptus plantation where the tree felling work was going on. Thereafter they took him to a bar and consumed liquor. On the way back, accused No.1 followed them in his motorbike, waylaid the motorbike on which the deceased along with accused No.2 and 3 was proceeding. All the three of them chased and assaulted the deceased with chopper and knife, thus done him to the death. The incident is of 28.05.2016 and the accused persons were arrested on 07.06.2016. At the instance of the first accused the chopper which is used for the alleged offence is seized. One knife was seized during the spot mahazar. There are witnesses who last saw this petitioner and accused No.2 with the deceased, immediately prior to the incident. The CCTV footage from the bar, where the petitioner along with accused No.3 and the deceased consumed liquor is seized by the Investigating Officer. There are no direct eye witnesses to the incident.
5. The allegation against this petitioner is, he stabbed the deceased with a knife. The FSL report does not find blood stains on the knife recovered during the spot mahazar. Accused No.3 is enlarged on bail by the Sessions Court. The petitioner was not suspected by the complainant/father of the deceased in his complaint. Investigation since complete, there is no impediment to allow the petition.
Petition is allowed. Petitioner is enlarged on bail in crime No.48/2016 registered by the respondent police subject to following conditions.
(1) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the concerned court.
(2) He shall attend the court regularly on hearing dates.
(3) He shall not terrorise/prevail upon the prosecution witnesses.
Sd/- JUDGE BVK