IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6478 OF 2019 BETWEEN:
CHETHAN @ COBRA S/O.NARASIMHAIAH AGED ABOUT 22 YEARS R/AT NO.21/16 PATEL GUNDAPPA BLOCK 1ST CROSS, J.C.NAGAR BENGALURU-560 006 …PETITIONER (BY SRI K.LAKSHMI KANTH, ADVOCATE) AND:
STATE OF KARNATAKA BY J.C.NAGAR POLICE STATION BENGALURU REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 …RESPONDENT (BY SRI ROHITH B.J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.36/2019 IN CC.NO.16438/2019 OF RESPONDENT-J.C.NAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 120(B), 302 READ WITH SECTION 149 OF IPC PENDING ON THE FILE OF VIII ADDITIONAL CMM COURT AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is arraigned as accused No.7 in Crime No.36/2019 of J.C.Nagar Police Station, Bengaluru for the offences punishable under Sections 143, 147, 120B, 302 read with Section 149 of IPC.
3. The charge sheet papers discloses that there are eyewitnesses to the incident. Even considering the entire case of the prosecution, it is the case that on 21.04.2019, there was some galata at about 6.30 p.m. between the deceased Vignesh and the accused persons and he ran away from the clutches of those persons. In this context, on the same day, one Chethan went to the injured Vignesh and told that there should not be any quarrel between the two groups. Therefore, he would mediate between them. Therefore, he requested the deceased Vignesh to come near R.K.Block. Accordingly, Vignesh and eyewitness Sairaj went near P.G.Road, Gangabhavani arch in their vehicle. At that time, accused persons by name Mukesh and Yogesh came in a motorcycle of one Ramesh and other accused persons Santhosh, Sandeep, Ramesh, Somaiah and Chethan came in an autorickshaw. Sandeep was actually driving the said autorickshaw. After coming to know that the deceased was standing out in the said place, Accused Nos.4 to 7 caught hold of the deceased and in this context, Mukesh has assaulted the deceased on his head by giving dash and Vignesh fell down. In this context, it is alleged that Mukesh took out the dragger and cut the neck of the deceased and another accused Ramesh stabbed for about four to five times on the chest of the deceased. Accused Somaiah assaulted on the abdomen of the deceased Vignesh. Vignesh died on the spot itself. Based on the said allegations, the police have investigated the matter and submitted the charge sheet.
4. The role of this petitioner is that he intentionally caught hold of Vignesh and thereafter Vignesh fell down and other three accused persons Mukesh, Ramesh and Somaiah, who were holding deadly weapons assaulted the deceased.
5. Accused No.5, who stand on the same footing as that of the petitioner has already approached this Court in Crl.P.No.6290/2019 and vide order dated 27.09.2019, this Court has granted bail to accused No.5. The petitioner also stands on the same footing. Therefore, he is also entitled to be enlarged on bail. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioner (accused No.7) shall be released on bail in connection with C.C.No.16438/2019 (Crime No.36/2019 of J.C.Nagar Police Station, Bengaluru City) pending on the file of VIII Additional CMM Court, Nrupatunga Road, Bengaluru City registered for the offences punishable under Sections 143, 147, 120B, 302 read with Section 149 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties 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 LB