IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4689/2019 BETWEEN SHRI KESHAVA S/O LATE SHEKAR, AGE MAJOR R/AT 112, SHAMBUPALYA BASAPPA CIRCLE, KALASIPALYA BENGALURU – 560 002. ... PETITIONER (BY SRI. D. MOHAN KUMAR, ADVOCATE FOR SMT. R. GEETHA VEERANNA., ADVOCATE) AND THE STATE OF KARNATAKA KALASIPALYA POLICE STATION REP. BY SPP HIGH COURT 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. 226/2018 (S.C.NO.1799/2018) OF KALASIPALYA P.S., BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION 143, 147, 148, 120(B), 302, R/W 149 OF IPC AND SECTION 27, 27(1) OF ARMS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner (A7) and the learned HCGP for the Respondent–State. Perused the records.
2. The respondent-Kalasipalya Police have laid the charge sheet against the petitioner and others in SC No.1799/2018 for the offences punishable under Sections 143, 147, 148, 120(B), 302 r/w. 149 of IPC and under Sections 27 and 27(1) of Indian Arms Act, which is now pending on the file of LXVII Additional City Civil and Sessions Judge, Bengaluru City (CCH-68).
3. The allegations made in brief are that, Accused No.1 has got some grievance against the deceased and in that context; he contacted other accused persons and requested Accused Nos.7 & 8 to trace the movements of the deceased Syed Amin. In that background, it is alleged that, on 31.07.2018 this petitioner, who has arraigned as Accused No.7 and another i.e., Accused No.8 have traced the movements of the deceased and informed the same to Accused No.1 and in turn, Accused No.1 along with Accused Nos.2, 3, 4 & 5 have formed into an unlawful assembly and at about 9.30 pm., they committed the murder of deceased by Accused Nos. 1 to 5 by assaulting him with deadly weapons. On the said allegations, charge sheet has been laid.
4. It is submitted that, Accused No.5 has already been released on bail by this Court in Crl. Petition No.1119/2019 vide order dated 25.06.2019, (a copy of which is produced before the Court). This petitioner (A7) stands on the better footing than Accused No.5, because the allegation against Accused No.5 is that, he also assaulted the deceased with a knife on the vital parts of his body viz., head, neck, etc. This petitioner (A7) was not actually present at the time, when the other Accused Nos.1 to 6 have assaulted the deceased. The only allegation made against this petitioner (A7) is that, he traced the movements of the deceased. Therefore, in the above facts and circumstances, the petitioner (A7) is entitled to be enlarged on bail, particularly under Section 439 of Cr.PC. Hence, the following:-
ORDER The petition is allowed. The petitioner (A7)-Keshava shall be released on bail in connection with S.C No.1799/2018 arising out of Crime No.226/2019 of Kalasipalya Police Station, registered against him for the aforesaid offences, now pending on the file of LXVII Additional City Civil and Sessions Judge, Bengaluru, subject to the following conditions:-
i) The petitioner (A7) shall execute a 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 (A7) shall not tamper the prosecution witnesses.
iii) The petitioner (A7) shall appear before the concerned trial Court on all future hearing dates, unless exempted for any genuine reasons by the Court.
iii) The petitioner (A7) shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
Sd/- JUDGE KGR*