IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.3149 OF 2019 BETWEEN:
1. ANTHRAJ @ ANTHA S/O JOHN ANTHONY AGED ABOUT 25 YEARS R/A NO.5, CHIKKANNA BUILDING GARDEN STREET, RAMASWAMY PALYA KAMMANA HALLI MAIN ROAD BANASWADI BANGALORE-560 043.
2. ANTHONY INFANT RAJ @ INFANT S/O JOHN ANTHONY AGED ABOUT 23 YEARS R/A NO.5, CHIKKANNA BUILDING GARDEN STREET, RAMASWAMY PALYA KAMMANA HALLI MAIN ROAD BANASWADI BANGALORE-560 043. ...PETITIONERS (BY SRI ANEES ALI KHAN, ADV.) AND STATE BY VARTHUR POLICE BANGALORE RURAL DISTRICT BANGALORE-560 078 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BANGALORE – 560 001 ...RESPONDENT (BY SRI DILDAR SHIRALI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.134/2018 (S.C.NO.330/2018) OF VARTHUR POLICE STATION, BANGALORE, FOR THE OFFENCE P/U/S 143, 144, 147, 148, 341, 302 R/W SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.6 and 7 in Crime No.134/2018 of Varthur Police Station, which is now pending in S.C.No.330/2018 on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru.
2. It is alleged that due to some ill-will between the accused and deceased-Chellakumar, accused conspired to commit his murder. It is further alleged that in execution of such conspiracy on 17.05.2018 at 11.45 p.m., near Shell Petrol Bunk at Kodathi gate, Sarjapur Road, accused Nos.1 to 13 being members of unlawful assembly armed with choppers, longs and knives assaulted Chellakumar and committed his murder.
3. Criminal Petition Nos.7184/2018 and 7183/2018 filed by the petitioners were rejected by this Court on the ground that as per the Investigating Officer’s report, another eyewitness by name Abhi was unavailable due to the terror of the petitioners and his statement was yet to be recorded.
4. Charge sheet was filed in August 2018 and the case is committed to the Sessions Court. For nearly about one year, no additional charge sheet is filed examining the said eyewitness.
5. Other eyewitnesses do not identify the accused in their statements. Charge sheet does not indicate that test identification parade was conducted for identifying the accused through the eyewitnesses.
6. The allegations against the petitioners and accused Nos.5 and 11 are common. This court has granted bail to accused Nos.5 and 11 in Criminal Petition Nos.7062/2018 and 207/2019.
7. Under the circumstances and on the ground of parity, petitioners are entitled to bail. Petition is allowed. Petitioners are granted bail in Crime No.134/2018 of Varthur Police Station, which is now pending in S.C.No.330/2018 on the file of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru, subject to the following conditions:
1. Petitioners/accused Nos.6 and 7 shall execute personal bond in a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties in the likesum to the satisfaction of the trial Court.
2. They shall not leave the jurisdiction of the Court without prior permission.
3. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till the trial is concluded 4. They shall not tamper the prosecution evidence directly or indirectly 5. They shall not indulge into any unlawful activities. In such event, the Court below is at liberty to cancel the bail.
Sd/- JUDGE KG