IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.4557/2017 BETWEEN:
GANESH P @ GATE GANESH @ GATE , S/O PARUSHARAM, AGED ABOUT 25 YEARS, NO.18, 23RD CROSS 5TH MAIN, BHUVANESHWARINAGAR K P AGRAHARA, MAGADI ROAD BANGALORE PIN 560023 (BY SRI.SRINIVASA M G., ADV.) AND STATE BY VIJAYNAGAR P S BANGALORE CITY PIN 560040 (REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU PIN 560001.
(BY SRI.CHETAN DESAI, HCGP) ...PETITIONER ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.311/2016 OF VIJAYANAGAR POLICE STATION, BANGALORE, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 141, 143, 144, 147, 148, 341, 307, 326, 427, 201, 109, 120B AND 302 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.5 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 141, 143, 144, 147, 148, 341, 307, 326, 427, 201, 109, 120B, 302 read with Section 149 of IPC, registered in respondent – police station Crime No.311/2016 and now pending in S.C.NO.1265/2016 on the file of LXVI Addl. City Civil and Sessions Judge, Benglauru City (CCH-67).
2. Brief facts of the prosecution case that the friend of the deceased has lodged the complaint, wherein he has stated that on 16.06.2016 at about 4.30p.m. near coffee day, near Manuvana, Vijayanagar, the complainant along with his friend Mahesh/deceased ordered for coffee and waiting by sitting there, then one Nishanth came there with pulsar bike, who was known to Mahesh, with 7-8 other persons, they all entered into the coffee day with deadly weapons and assaulted Mahesh, while the complainant tried to rescue the deceased, they assaulted him also and he sustained injuries to the body. Mahesh fell down and died at the spot. On the basis of the said complaint, case came to be registered firstly against Nishanth/accused No.1 and others 7-8 persons and during the course of investigation, the petitioner has been arrayed as accused No.5.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused No.5 and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and the entire charge sheet material, so also, the order passed by the learned Sessions Judge, Bengaluru City (CCH-67), rejecting the bail application of the petitioner herein.
5. Perusing the materials, though the complainant claims that he is the eye-witness to the incident, but sofar as the overt-act is concerned, admittedly, even according to the prosecution the petitioner/accused No.5 was in the prison. Therefore, it shows that he has not participated in committing the alleged offence at the spot. But the prosecution material shows that there is an instigation by the petitioner herein and there was a conspiracy by the petitioner along with other accused persons to eliminate Mahesh. But sofar as the instigation and the alleged conspiracy is concerned, it is a matter of trial. Apart from that, as submitted by the learned counsel for the petitioner, accused Nos.2, 3, 4, 7, 8, 9, 14 and 15 have already been granted bail by the order of the Court. The petitioner has contended in the petition that he is innocent and not involved in committing the alleged offence, he has been falsely implicated and he has undertaken to abide by any conditions to be imposed by this Court. Now the investigation is completed and charge sheet has been filed. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be enlarged on bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.5 is ordered to be released on bail in connection with Crime No.311/2016 registered for the above said offences, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.1,00,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR