IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25Th DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7710/2019 BETWEEN:
ARUN S/O LATE RAJAMANIKYAM AGED ABOUT 20 YEARS R/AT SEETHAPURA KAVALU GATE DUGLAPURA TARIKERE TALUK CHIKKAMANGALUR DISTRICT – 577101. … PETITIONER (BY SRI. PRATHEEP K C, ADV.) AND:
THE STATE OF KARNATAKA REP. BY TARIKERE POLICE CHIKKAMNGALUR DISTRICT REP.BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU – 01. ... RESPONDENT (BY SRI.HONNAPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.241/2018 (S.C.NO.8/2019) OF TARIKERE TOWN POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302, 396, 120B, 201 READ WITH 149 IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner is arraigned as accused No.2 in the Charge Sheet filed by the respondent/police which later culminated into Sessions Case No.8/2019 on the file of II Addl. District & Sessions Judge, Chikmagalur for the offence under Sections 302, 396, 120-B, 201 read with Section 149 IPC.
2. Brief facts of the case are that accused Nos.1 to 6 hatched a conspiracy for wrongful gain to do away with the life of a lady by name Shanthamma, wife of Manjunatha who was running a petty shop at Shivapura Kavalu Grama in Tarikere Taluk. In pursuance of the said conspiracy, particularly on 17.8.2018 in the night hours at about 11.00 PM they went near the petty shop of the said Shanthamma and tapped the door and the deceased Shanthamma opened the door for the purpose of selling coconut. When she went inside for the purpose of counting the coconut and came, at that time accused No.1 caught hold of her and covered her mouth with clothes, accused Nos. 2 and 3 caught hold of her hands and accused Nos. 4 and 5 caught hold of her legs, and accused No.1 assaulted on the left side ear of the deceased Shanthamma with cement piece. It is also alleged that after committing the murder of the said lady, all the accused persons have taken away the gold and silver articles as well as cash to the extent of Rs.80,000/-.
3. There are no eye witnesses to the incident and further, I find that recovery is collectively donebased on voluntary statement of the accused persons. During the course of investigation, police have recovered two pairs of ankle chains. The other accused No.4 who stand on the same footing as that of the petitioner has already been released on bail by this Court in Crl.P.No.3532/2019 vide order dated 23.10.2019. learned HCGP did not bring it to the notice of this Court any other material that distinctly distinguishes this petitioner from accused No.4. Therefore, petitioner is also entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The Petition is allowed. Consequently, petitioner shall be released on bail in connection with Crime No. 241/2018 of Tarikere Town Police Station, (S.C. No. 8/2019 on the file of the II Additional District and Sessions Judge, Chikmagalur), registered for the offence punishable under Sections 302, 201, 396, 120(B) read with Section 149 IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (One Lakh only) with one solvent surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE brn