IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3796/2019 BETWEEN:
Basavaraju.M @ Basava, S/o.Markondappa, Aged about 24 years, R/at Next to Patelamma Devasthan Building, Bilekalli, Bannerugatta Road, Bengaluru-560 029. …Petitioner (By Sri.Manu.B.S, Advocate) AND:
State of Karnataka, By Konanakunte Police, Rep. by Public Prosecutor, High Court Complex, Bengaluru-560 001. ... Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr.No.398/2018 (S.C.No.650/2019) of Konanakunte Police Station, Bengaluru City for the offence punishable under Sections 143, 147, 148, 323, 307, 302 read with Section 149 of IPC and Section 25(1)(B)(b) of ARMS Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings in Crime No.398/2018 (S.C.No.650/2019) for the offences punishable under Sections 143, 147, 148, 323, 307 and 302 read with 149 of IPC and Section 25-1(B) (b) of Arms Act, 1959.
2. The case of the prosecution is that on 21.11.2018, complainant, his brother and friends had gathered in a shed and were consuming alcohol. It is stated that subsequently at about 10.30 p.m., they had gone out to have panipuri and when they were returning back home, the accused allegedly had come in auto rickshaw and bikes and collided with the vehicle of the deceased and assaulted with deadly weapons.
3. It is stated that the deceased succumbed to injuries and died and accordingly, complaint was filed, FIR registered, investigation is completed and charge sheet has been filed.
4. Learned counsel for the petitioner states that even as per the offence as made out in the charge sheet, the imputation as regards inflicting injuries leading to the death is as against accused Nos. 1 to 8. It is stated that the only imputation as regards the petitioner in the charge sheet was that he prevented the deceased from running away and thereby facilitated the assault.
5. Taking note of the fact that investigation is completed and charge sheet has been filed, noticing that the imputation as regards accused No.14 is that he had facilitated the commission of offence by preventing the deceased from escaping from the clutches of the accused and noting that the present proceedings cannot be treated as punitive in nature, that the role of the petitioner in the commission of offence is a matter for trial. Petitioner is entitled to be enlarged on bail.
6. Accordingly, petitioner is entitled to be enlarged on bail in Crime No. 398/2018 (S.C.No.650/2019) for the offences punishable under Sections 143, 147, 148, 323, 307 and 302 read with 149 of IPC and Section 25-1(B) (b) of Arms Act, 1959, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS