IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JULY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.2149 OF 2019 BETWEEN:
DEEMAN SHANKAR DAS @ DEEPAK MAJUM DAR S/O. KONKAN MAJUMDAR @ SHIVASHANKAR DAS AGED ABOUT 36 YEARS NO.9, RAMASWAMY REDDY BUILDING KACHANAYAKANAHALLI HENNAGARA GATE, JIGANI HOBLI ANEKAL – 560 107.
BENGALURU RURAL DISTRICT. ...PETITIONER (BY SRI MUZAFAR AHMED, ADV.) AND THE STATE BY D.J.HALLI POLICE STATION HIGH COURT GOVT. PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001. ...RESPONDENT (BY SRI DILDAR SHIRALLI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.67/2018 NOW IN S.C.NO.1328/2018 OF D.J.HALLI POLICE STATION ON THE FILE OF HON’BLE LVI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BENGALURU FOR THE OFFENCES P/U/S 201 AND 302 OF IPC AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.1 in S.C.No.1328/2018 pending on the file of LVI Additional City Civil and Sessions Judge, Bengaluru which is registered for the offence punishable under Sections 120-B, 302, 201 read with Section 34 of IPC on the basis of the charge sheet filed by the respondent-Police in Crime No.67/2018.
2. It is alleged that accused Nos.1 to 3 on 18.03.2018 at 7:30 p.m. hired the Car of victim Rinson J.Soman. They had conspired to commit robbery and murder of the victim. In execution of such robbery they boarded his Car in Muninanjappa Garden from the house of the victim, took him near Government School of Pedarahalli in Tamil Nadu and assaulted him with screw driver and knife.
3. It is alleged that petitioner stuffing the victim’s mouth with his towel smothered him, then the accused sped away with Renault Lodgi Car bearing No.KA-51-AA-9202 and mobile phone of the victim.
4. As per the charge sheet records, Car was recovered at the instance of accused No.2 and victim’s mobile phone was recovered at the instance of accused No.3. The case is based on the circumstantial evidence. The dead body of the victim was recovered after 8-9 days of the incident. Post mortem report does not disclose the exact cause of death.
5. This Court has granted bail to accused No.3 in Criminal Petition No.4310/2018 on 19.02.2019. Therefore, on the ground of parity, the petitioner is entitled to bail.
Thus, petition is allowed. Petitioner is granted bail in S.C.No.1328/2018 pending on the file of LVI Additional City Civil and Sessions Judge, Bengaluru which arises out of Crime No.67/2018 of D.J.Halli Police Station, subject to the following conditions:
1. Petitioner/accused No.1 shall execute personal bond in a sum of Rs.1,00,000/-(Rupees One lakh only) with two local sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission of the trial Court.
3. He shall mark his attendance before the Investigating Officer on 1st Sunday of each month between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
Sd/- JUDGE PYR