IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.2052 OF 2017 BETWEEN:
B.Kumar S/o Basavaraju Aged about 32 years R/at # 207, Opposite Flag Pole Near KEB Muniningappa House Kanakanagara, Yelachenahalli J.P.Nagar Post, Bengaluru-560 062 …Petitioner (By Sri Ram Singh K, Advocate) AND:
State of Karnataka by Banashankari Police Station Bengaluru Rep. by Government Pleader High Court of Karnataka Bengaluru – 560 001 …Respondent (By Sri K. Nageshwarappa, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.348/2016 OF BANASHANKARI POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S 143, 144, 145, 147, 148, 427, 307, 302, 120(B) R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is arraigned as accused No.6 in the First Information Report registered by the respondent- Police in their Crime No.348/2016 dated 02.12.2016. During the pendency of this petition, charge sheet is filed in respect of the offences punishable under Sections 427, 120B, 143, 144, 145, 147, 148, 302 and 307 read with Section 149 of IPC.
2. The case of the prosecution is, in pursuance of their previous enmity against the deceased Avinash, accused Nos.1 to 11 waylaid the Maruti Zen car in which deceased Avinash was traveling in the night of 02.12.2016 and assaulted him to death with lethal weapons. The specific role attributed to this petitioner is, he dashed his Pulsar motorbike to the Maruti Zen car in which the deceased was traveling. For the first time, his name appears in the investigation papers on the further statements of the eye witnesses recorded on 30.12.2016. The vehicle used for commission of the offence was seized from his possession.
3. Considering the time gap between the date of incident (02.12.2016) and the date on which eye witnesses Syed Akmal (CW-6) and Kantharaju (CW-7) identified the petitioner in the police station (30.12.2016), the veracity of their statements is yet to be tested during the cross examination. In that view of the matter, there is no impediment to enlarge the petitioner on bail.
4. Accordingly, petition is allowed. Petitioner is enlarged on bail in Crime No.348/2016 registered by the respondent-Police, subject to following conditions:
(i) He shall execute a self bond for a sum of Rs.5,00,000/- with two sureties for the likesum to the satisfaction of the concerned Court. The sureties shall furnish their original Adhaar Cards and title deed pertaining to their immovable property for perusal of the Court;
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not tamper the prosecution witnesses;
(iv) He shall not leave the jurisdiction of the Sessions court;
(v) He shall mark his attendance on every alternate Tuesday during office hours before the SHO of the respondent-Police till conclusion of trial.
KMV* Sd/- JUDGE