IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8110 OF 2019 BETWEEN:
D S SANTHOSH, S/O LATE D.V. SRINIVAS, AGED ABOUT 37 YEARS, R/AT NO.36, 1ST CROSS, R.K. BLOCK, J.C. NAGAR, BANGALORE – 560006.
(BY SRI SATISH V, ADVOCATE) ...PETITIONER AND:
THE STATE OF KARNATAKA, BY J C NAGAR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560001. …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 CR.NO.36/2019 REGISTERED BY J.C.NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 143,147,120B AND 302 R/W 149 OF IPC.
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 learned HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.4 in Crime No.36/2019 of J.C.Nagar Police Station, which later charge sheeted in C.C.No.16438/2019 and after committal, the sessions case has been registered in S.C.No.1147/2019 for the offence 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, Yogesh, came in a motorcycle of one Ramesh and other accused person Santhosh (petitioner), Sandeep, Ramesh, Somaiah and Chethan all of them 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 with his head by giving a 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 caught hold the deceased Vignesh and thereafter Vignesh fell down and other three accused persons were holding deadly weapons and assaulted the deceased. The role assigned to this petitioner and accused Nos.5 to 7 are all similar. Accused Nos.5 and 7 have already been released on bail by this Court in Crl.P.Nos.6290/2019 and 6478/2019, and also by Sessions Court in Crl.Misc.No.9004/2019, wherein accused No.6 was released on bail. The petitioner stands on the same footing as that of other accused noted above. Hence, petitioner is also entitled to be enlarged on bail on conditions. Hence, the following:
O R D E R The petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C.No.1147/2019 (Crime No.36/2019 of J.C.Nagar Police Station, Bengaluru City), pending on the file of LXIV Additional City Civil & Sessions Judge, (CCH-65), Bengaluru, registered for the offence 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 BSR