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.8258 OF 2019 BETWEEN:
DILIP KUMAR @ DEEPU, S/O RAMEGOWDA, AGED ABOUT 26 YEARS, RESIDING AT NO.28, 1ST MAIN, 1ST CROSS, DURHAPARAMESHWARI LAYOUT, PUTTANAGERE, RAJARAJESWARI NAGARA, BANGALORE, PIN-560078. ...PETITIONER (BY SRI LAKSHMIKANTH K, ADVOCATE) AND:
STATE OF KARNATAKA, BY JNANABHARATHI POLICE STATION, BANGALORE, REP BY ITS PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01 .…RESPONDENT (BY SRI HONAPPA, HCGP) **** THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.230/2018 (S.C.NO.464/2019) OF JNANABHARATHI P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 143, 144, 147, 148, 120B, 504, 302, 307 R/W 149 OF IPC AND SECTION 25(1)(B)(b) OF ARMS ACT AND ETC., THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner is arraigned as accused No.6 in connection with Crime No.230/2018 of Jnanabharathi Police Station. After investigation charge sheet has been laid before the IX Additional CMM Court, Bengaluru in C.C.No.30158/2018 for the offence punishable under Section 302 read with Section 34 of IPC.
2. It is the case of the prosecution that on 15.08.2018 at about 6.30 p.m. accused Nos.1 and 2 have hosted a birthday party of accused No.1’s son. They have invited several friends and in the said party they had arranged food and drinks. The deceased was also a friend of accused No.2 who was also present in the said birthday party along with the other witnesses. Everyone were enjoying the said party. At that time accused No.7 asked the deceased and others the reason for their sitting separately on the terrace and taunted him for which the deceased asked accused No.7 to mind his business etc., Therefore, there was some mini quarrel between them. The accused No.1 later intervened and consoled them. It is further alleged that accused Nos.7 to 9 have told the accused No.1 that deceased has called to one Ballary Shiva in order to create mischief at the particular spot. In that context it is alleged that accused No.1 has instigated other accused Nos.2, 7, 8 and 9 and accused Nos.3 and 5 and secured iron longs and accused No.3 and accused No.5 also assaulted the deceased. Accused No.1 also assaulted the deceased, etc., In this context it is alleged that accused No.6 - petitioner who was also present he only chased some of the other persons and there is no overt act that he actually assaulted. The learned counsel has brought to the notice of this Court that in Crl.P.No.2195/2019, 2196/2019, some of the accused persons i.e., accused Nos.7, 8 and in Crl.P.No.444/2019 accused No.2 are already enlarged on bail. Further accused No.4 Prashanth has also been released on bail. Comparatively this petitioner stands on the better footing than the other accused.
3. In view of the above said facts and circumstances and also considering the nature of allegations and the overt act alleged against this petitioner, and his name does not find place in the FIR, subsequently at the time of charge sheet his name has been surfaced. Therefore, petitioner has made out a ground for grant of bail. Hence the following order.
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.230/2018 of Jnanabharathi Police Station registered for the offence punishable under Section 302 read with Section 34 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.
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