IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8294/2019 BETWEEN MR. G. PRAVEEN @ OMPADE S/O GOPI AGED ABOUT 19 YEARS R/AT NO.47, L.C.R. SCHOOL ROAD 11TH CROSS, YESHWANTHPUR BENGALURU – 560 022 (BY SMT. K. SHASHIKALA, ADVOCATE) AND ... PETITIONER STATE BY YESHWANTHPUR POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT PREMISES BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.348/2018 (S.C.NO.192/2019) OF YESHWANTHAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 302, 307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. Petitioner is arraigned as Accused No.2 in Crime No.348/2018 of Yeshwanthpura Police Station, Bengaluru, for the offence punishable under Sections 307 and 302 r/w 34 of IPC, which later culminated in SC No.192/2019, now pending before the Court of LVI Addl. City Civil and Sessions Judge, Bengaluru.
3. The brief facts of the case are that, on 19.10.2019, CWs. 1 to 3 and a person by name Jagadeesh Singh, who were all friends and room mates, decided to go for dinner to a hotel near Navarang Theater. When all of them were proceeding to dinner, at that time, Accused Nos. 1 to 3 came to them and started quarrelling with CW.1 and the deceased Jagadeesh Singh. During quarrel, Accused No.1 stabbed the deceased Jagadeesh Singh with a knife and the petitioner assaulted Complainant (CW.1)-Mr. Suhas, with a Beer Bottle on his head and Accused No.3 has assaulted the complainant (CW.1) with a cement brick. As a result of the alleged assault by the said accused persons, the injured Jagadeesh Singh succumbed to the injuries later. In the alleged incident, the complainant (CW.1) also sustained a serious injury to his head.
4. A perusal of the wound certificate pertaining to CW.1 reveals that, the complainant (CW.1) has also sustained some injuries and though the injuries are grievous in nature, after treatment, he was discharged from the hospital and there is no life threat to him.
5. Learned counsel for the petitioner (A2) submitted that, the petitioner has been arrested and he is in judicial custody and the charge sheet has also been filed. Added to that, the learned counsel submitted that, Accused No.3, who stands on the same footing as that of this petitioner, has already been released on bail by this Court vide order dated 04.11.2019 in Criminal Petition No.3917/2019 and therefore, this petitioner may also be released on bail, on the ground of parity.
6. In the above said facts and circumstances of the case, and as there are no allegations against this petitioner (A2) and since it is submitted that, Accused No.3 has already been released on bail, the petitioner (A2) is also entitled to be enlarged on bail on the ground of parity. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner (A2) shall be released on bail in connection with Crime No.348/2018 of Yeshwanthpura Police Station, Bengaluru, for the aforesaid offences, now pending before the Court of LVI Addl. City Civil and Sessions Judge, Bengaluru in SC No.192/2019, 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 tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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, till the case registered against him is disposed of.
KGR* Sd/-
JUDGE