IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.5125/2019 BETWEEN:
Mr. Hasein Pasha, Son of Nisar, Aged about 21 years, R/at No.110, 18th Cross, Lakshmipura, Halasuru, Bengaluru City – 560 009. … Petitioner (By Sri P. Shrinivasakumar, Advocate) AND:
The State of Karnataka, By HAL Police, Bengaluru City, Rep. by its State Public Prosecutor, High Court Complex, Bengaluru – 560 001. … Respondent (By Sri K.P. Yoganna, HCGP) ****** This Criminal Petition is filed under Section 439 of Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.632/2017 (S.C. No.653/2018) of H.A.L.P.S., Bengaluru City for the offences p/u/s 302, 397, 201 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 High Court Government Pleader for the State. Perused the records.
2. The petitioner is arraigned as accused No.2 in S.C.No.653/2018 on the file of the 63rd Additional City Civil and Sessions Judge at Bengaluru. The case of the prosecution is that on 28.11.2017, on the basis of a credible information received that Gas Cylinder was leaking in the house of the deceased at Hemanthanagar in 3rd Cross in House No.50 in Raghavendra Nilaya, the PSI, Prasheela had gone to that particular place along with her staff and on observation, they found two dead bodies inside the house. The limbs of the dead bodies were tied. They were identified as Govindan and Saroja. On suspicion that some persons have entered the house for wrongful gain and committed murder, the police have registered a case for the offences punishable under Sections 302, 201, 397 read with Section 34 of IPC.
3. During the course of investigation, they found that accused Nos. 1 to 3 are the persons who have committed such offences and accused No.1 is none other than the grand son of deceased Govindan and Saroja and he was demanding money from them. As they were reluctant to give money to him, he joined hands with accused Nos. 2 and 3 and committed murder of his grand parents for the purpose of wrongful gain.
4. Accused No.1 has already approached this Court for grant of bail in Crl.P.No.913/2019 and vide order dated 27.06.2019, this Court has granted bail to accused No.1 on the ground that none had seen the commission of offence and only on the basis of suspicion, the accused persons have been nabbed by the police and the said suspicion has to be translated into true facts during the course of full-dressed trial. Therefore, considering the facts and circumstances of the case as this is circumstantial evidence case, there is no strong circumstance to connect the accused at this stage. Hence, the accused No.1 is to be released on bail.
There are allegations against accused Nos. 1 to 3 that they entered the house of deceased and committed their murder and took away some articles and money from the house. The petitioner stand on the same footing as that of accused No.1 who has already been released on bail.
5. Under the above said circumstances, on the ground of parity, petitioner is also entitled to be enlarged on bail on the same conditions.
6. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C. No. 653/2018 on the file of the 63rd Additional City Civil and Sessions Judge at Bengaluru, registered for the offences punishable under Sections 302, 397, 201 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a month between 10.00 a.m. and 5.00 p.m., till the conclusion of trial.
(iii) The petitioner shall fully co-operate for the expeditious disposal of the trial and shall not indulge in any criminal activities of like nature henceforth.
(iv) The petitioner shall not tamper with evidence, influence in any way any witness.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP