IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE N.K.SUDHINDRARAO CRIMINAL PETITION NO.7757/2017 BETWEEN:
Jagannath @ Jagga S/o Raja Aged about 25 years R/at Kodirenahalli Banashankari Bengaluru-78 ... Petitioner (By Sri Pratheep K.C., Advocate) AND:
The State of Karnataka Rep. by Sidlaghatta Town Police Station Chickballapura District Rep. by its State Public Prosecutor High Court of Karnataka Bangalore-01 … Respondent (By Sri K.Nageshwarappa, HCGP) This Criminal Petition is filed under Section 439 Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.114/2016 (S.C.No.20/2017) on Shidlaghatta Town P.S, Chickballapura District for the offence punishable under Sections 143, 147, 148, 120B, 302, 447 r/w 149 of IPC.
This Criminal Petition coming on for orders this day, the Court made the following:
O R D E R This petition is filed by the petitioner/accused under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under registered in respondent - Shidlaghatta Town Police Station, Chickballapura District in Crime No.114/2016 (S.C.No.20/2017).
2. The case of the prosecution is that the petitioner along with others assaulted the husband of the complainant dangerous weapons and caused his death. Thus a case came to be registered against the petitioner and others for the aforesaid offences.
3. The learned counsel for the petitioner would submit that the petitioner was only a driver who was driving the car on the date of the incident and other accused persons were occupants of the vehicle. The petitioner was arrested on 17.11.2016 and since then he is in judicial custody. The respondent – Police have investigated the matter and filed the charge sheet before the trial Court. The learned counsel would further submit that accused Nos.1, 3 and 7 are released on bail. The petitioner is a law abiding citizen and he undertakes to obey all the conditions that is imposed by the Court and pray for enlargement of the petitioner on bail on the ground of parity.
4. The learned HCGP has vehemently opposed the bail petition on the ground that the petitioner was also involved in the incident in transporting other accused persons to the place of incident. Therefore, he is not entitled to be enlarged on bail and sought for dismissal of the petition.
5. In the circumstances of the case, having regard to the overt acts attributed to the petitioner and undertaken given by him to abide by all the conditions that are imposed by the Court and since the investigation is complete and charge sheet is filed, there does not appear any likelihood of interference by the petitioner in the investigation and no prejudice is caused to the case of justice if he is enlarged on bail. The apprehensions of the prosecution can be met by imposing conditions.
6. Accordingly, the petition is allowed. The petitioner/accused is ordered to be released on bail for the aforesaid offences registered in Crime No. No.114/2016 (S.C.No.20/2017) of the respondent – Police Station, subject to the following conditions:
(i) The petitioner has to execute a personal bond for `1,00,000/- (Rupees One Lakh only) and has to furnish one solvent surety of a person possessing immovable properties, for the likesum to the satisfaction of the concerned Court.
(ii) He shall not tamper with any of the prosecution witnesses, directly or indirectly.
(iii) He has to appear before the concerned Court regularly and (iv) He shall mark his attendance in the respondent – Police Station on every 1st Saturday of the month, till completion of examination of CWs.1 to 3 between 10.00 a.m. to 5.00 p.m., without fail.
SD/- JUDGE RS/*