IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6869/2017 Between:
Harish K, Aged about 29 years, S/o Late Kalimuttu, R/at Putani nagar, 18th Block, Madikeri, Nagar Madikeri, Kodagu – 571 236.
(by Sri Nishit Kumar Shetty, Advocate) And:
State of Karnataka by SHO, Sullia Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru- 560 001.
(By Sri S. Vishwamurthy, HCGP) …Petitioner ...Respondent This criminal petition is filed under section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.54/2017 (C.C.No.415/2017) of Sullia Police Station, D.K., District for the offences p/u/s 302, 120B, 341, 364, 201 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 the learned High Court Government Pleader for the respondent-State.
2. The petitioner/Accused No.4, along with four others is chargesheeted by the respondent-police in respect of the offences punishable under Sections 120B, 341, 364, 302, 201 r/w 149 of IPC.
3. The allegation is, deceased-Ravi owed Rs.3,50,000/- to accused No.1 which he did not pay back and angered by the same the accused No.1 conspired with accused Nos.2, 3 & 5 to finish him of; On 31.03.2017 they hired in the car of which this petitioner is driver and abducted the deceased from KVJ junction, Kasba village, Sulya Taluk. Subsequently, accused No.1 followed them in an autorickshaw; they were armed with rod and knife and took the car to the reserve forest; accused Nos.1, 2, 3 & 5 dragged the deceased from the car and assaulted him with lethal weapons and burnt the dead body in the forest.
4. A missing complaint was lodged by wife of the deceased on 02.04.2017; CWs.1 and 2 are vital witnesses who saw the inmates of the car abducting the deceased on 31.03.2017 and their statements were recorded on 09.04.2017 and accused Nos.1, 4 & 5 are in judicial custody. Identification parade was conducted by the Taluka Executive Magistrate on 07.04.2017. The present petitioner and accused No.5 are said to have been identified during the identification parade.
5. Learned counsel for the petitioner submits that the petitioner was in custody for about 3 months prior to identification parade. He was produced before the Court without any covering mask. His photograph was already with the police and the identification parade is not reliable. Learned counsel for the petitioner further submits that accused No.1 is neither a friend to the accused person nor has any ill-motive against the deceased and he had no knowledge of the alleged offence.
6. Since the investigation is complete and the petitioner having not been shown to have any criminal antecedents hence, there is no impediment to allow the petition. Hence, the petition is allowed. Petitioner is enlarged on bail in Crime No.54/2017 registered by the respondent-Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) with two local sureties for the likesum to the satisfaction of the concerned Court; sureties shall furnish their original title deeds pertaining to the immovable property and their Identity Cards/ Aadhaar Cards before the Court for verification;
(ii) He shall attend the Court regularly on all hearing dates;
(iii) He shall not prevail upon or threaten the prosecution witnesses.
Sd/- JUDGE DL